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Hello.
I am looking for use full advice please.
A bit of back ground.
I came this country early 2007 by spouse visa, then 2009 i got visa extent another 2 years as the law changed at that time I need to have Life in UK test but did not have on time as I just gave birth the second child. My visa expire 04/2011. I passed the life in Uk test 02/2011, applied visa ILR online but not get through. when my husband found out it was too late, he phoned the HO and they said i need to go back where i come from and he was too scared to let me know so he covers up. I did not know until in the end of 2013 because i was just keep waiting. We had been to see the solicitors and suggest I have go to 10 years route what i had to pay for them. But they drag me down the hill as they lost some of my paper work in the document hence could not apply visa. it took 6 months for wasting. I got all my document back today and need to restart.
The thing is I am so much deep depressed for cant do anything for 4 and half years, I called the police on Monday asked to help and they phoned to immigrant to check my status and it stated technically paper work, not illegally. I just wonder do you think any chance I can apply visa ILR after 4 and half years over stayed.I came this country legally almost 9 years by spouse visa, stay in this marriage since then. Anyone have experience or know a good solicitor can help my situation. Thanks very much.

Dear UKVISA1950

you could not get ILR back in 2009 because you did not have LIUK.. call it understandable !
you back qualified in 2011 when you had had LIUK well before you qualified you said you did something online that did not go through does not seem understandable, please explain what happened ?

since you have had kids, being in the UK for a considerable time and apparently have established a life you seem to be considered under human rights article 8. you whereas my understanding can not get ILR bases of what has happened but once you are admitted under above mentioned human right. it will i think take you another 10 years(2.5 years times 4) to get ILR

wait and see what other say on your matter

Extant leave isn't required for SET(M). Submit your application now with all the required documents.

Casa wrote:Extant leave isn't required for SET(M). Submit your application now with all the required documents.

Hi
Could you please explain for me clearly. I have wasted to much time sofa. Really want to sort it asap. The police who I called to ask for help last Monday contact to immigration check my status stated "technicality with paper work". He said it sounds a good news, not illegally. Otherwise i would be arrested. This why I am a bit of hope if i take a chance to apply ILR visa with recover letter to explain why it late but I am not confident to do this way. Thanks for your time

This comes issue comes up frequently on the forum and explains why the police were confident that it was a matter of paperwork. In simple terms it means that as you have completed 2 years on your Spouse settlement visa under category 8, even though your initial visa has expired you can still apply for SET(M). That's as long as your meet all the standard requirements, including LIUK and B1 level English.
Don't worry, apply by post, not in person.

Casa wrote:In simple terms it means that as you have completed 2 years on your Spouse settlement visa under category 8, even though your initial visa has expired you can still apply for SET(M). That's as long as your meet all the standard requirements, including LIUK and B1 level English.
Apply by post, not in person.

Do you have the link of visa application form? If i met this term. Would i get a visa IRL? Also Iam wondering how can I get a B1 level English as at the moment I have no legal stayed to apply a test. Thanks a lot for your time

It's a standard SET(M) application. https://www.gov.uk/government/uploads/s ... _08-15.pdf

You can still take the B1 English test even with expired leave.
Here's a list of approved tests:
https://www.gov.uk/government/uploads/s ... entres.pdf

SET(M) under Appendix FM requires valid leave (E-ILRP.1.2.).
SET(M) under Part 8 of immigration rules does not (287).


Still 2 years to go before we will see people asking the same question in similar circumstances, but under the purview of Appendix FM.

sushdmehta wrote:SET(M) under Appendix FM requires extant leave (E-ILRP.1.2.).
SET(M) under Part 8 of immigration rules does not (287).


Still 2 years to go before we will see people asking the same question in similar circumstances, but under the purview of Appendix FM.

Can you please explain clearly. Sorry I do not know anything about it. If you know any similar situation was post in here could you please forward the link so I can inspire them how to do it. Thanks for your time

See also Spouse visa expired can I apply for indefinite leave to remain.

vinny wrote:See also Spouse visa expired can I apply for indefinite leave to remain.

Thanks vinny. This is really helpful. Do you have any link of the cover letter as well. I know every one has the different issue. Your advice is really appreciated. I wish I knew this forum sooner so i did not waste the time and money to unprofessional lawyer

Calm down dear, as Casa has explained above, not all is lost-there is still some light at the end of the tunnel for you.

If I may ask (Please,I beg your pardon if u find my question inappropriate ), why is your husband not taking a leading role in this matter to see to it that your issue is sorted for your peace of mind? As we all know, there will only be peace and harmony in the house when the mother of house's mind is at peace.......so he needs to take a leading role to see to it that this stressing matter is hurriedly tackled.

Would also advise you see a good Solicitor, I know this will cost money, but for your peace of mind which will come in the event you are successful, its worth sacrificing.

To recap, as you have passed the Life in the UK test, the next thing to do is the B1 English Lanuage test, ASAP. Then, apply for SET(M).

vinny wrote:To recap, as you have passed the Life in the UK test, the next thing to do is the B1 English Lanuage test, ASAP. Then, apply for SET(M).

One more question to ask, if i got this IRL visa is granted. Could i apply to British citizen straight away or need to wait and how long? Thanks alot for your time.

You probably have to wait for 10 years from the grant of ILR, due to overstaying.

Casa wrote:It's a standard SET(M) application. https://www.gov.uk/government/uploads/s ... _08-15.pdf

You can still take the B1 English test even with expired leave.
Here's a list of approved tests:
https://www.gov.uk/government/uploads/s ... entres.pdf

Do I need Health Surcharge for visa application form?

The health surcharge is not applicable if applying for ILR, so no, you do not have to pay it.

Hi
I applied SET M visa as you suggested on 5th October last year and HO got my fee on 9th Oct. It almost 9 month now i still not got the visa. Could you please let me know what i can do now? Many thanks

It might get things moving if you ask your MP to look into the delay on your behalf.

My MP is the anti immigrant and he doesnt help at all as i did ask his help before. My husband phoned HO several times and all we can hear is they will design soon since early January. It is very frustrated as i though i went the right step to appy visa but almost 9 month now. Do you think i should make appointment to see them ? Thanks

There's no option to make an appointment to discuss your application. I'm afraid it's a waiting game if your MP isn't willing to assist you.