Applying for FLR M as a possible overstayer

[Elena345]

I am about to apply for a FLR M however I don't know where I stand legally. I have sought out help from an advisor but she didn't really seem too confident in her advice. I guess it would be best to explain my situation from the beginning.

I came here as under a student visa in 2007 planning to study an undergraduate degree for 4 years. My student visa was granted until Sept. 2011. However, I ended up graduating in June 2010. In 2008, I started dating my now husband and planned to get married. We applied for my COA in June of 2010, hoping to get a quick reply and get married. According to the regulations of the student visa I had four months after my studies ended to leave the country. I tried to report the change to HO but was told a form would be sent out and I had to return it with my passport. No such form arrived and I contacted them a second time. Same deal. So I just continued on and figured that my husband and I would be married before the time was up. September (2010) came by and still no word on the COA. I approached Citizen's Advice and they said I had another month, but technically longer because the date was never changed in the visa. So October rolled along and still no COA. I called HO asking about it but they said it was still under review. So by the end of October I decided that I would remain in the UK until I heard back because it would be to expensive to back to my country of origin of Bolivia. I continued working but kept student hours and worked no more than 20 per week. I didn't apply to study because I figured I would be working full-time so I miss my chance of applying to for a post-graduate position. So I didn't receive my COA until December. My husband and I planned a wedding in a month and got married Feb 18th 2011. However since then I had to leave my job as they were asking for my student details and I am sure they would have found out I'm no longer a student and probably would've gotten reported.

So now we're about to submit the FLR M application in a few weeks time. Since I am not working and my husband is a student and the only means of financial support is coming from my family, I have a fear that I may get refused. The OISC advisor said that because the date on my visa is still 9/2011, I have technically not overstayed. So I don't know where I stand exactly and what my chances are to appeal if I am refused.

[stevenage]

In my opinion you dont have problem with visa, my course was finished early and I gave course completion to my employer and they allowed me to work more than 20 hrs, i dont understand why your employer got problem with that.

you should focus on your finances, if you are receiving support from home then attach the receipts and if possible get a letter from your guardian with bank statement.

Best of luck and keep informing us from progress.

Regards.

[Elena345]

Thanks Stevenage!

My employer was asking evidence from the university stating I was still a student. Since I didn't switch over to the post graduate-work visa they would have gotten suspicious. I didn't consider switching to that category because I figured that I would have a spousal visa by then.

I did my research and have spoken to my family about the financial support. My aunt and uncle are acting as the third party and are sending over bank statements of their savings and copies of their tax forms. I figured that would do. My husband works, but works very little. However, I am going to include some of his payslips. I left my job in February, so I will be including some of mine as well as a letter explaining the financial situation and a plan showing how my husband and I will be more self-sufficient. I'm hoping that will do.