OVERSTAYED BY 7 MONTHS HELP!!! URGENT!! 3 british children

[sophia9124]

Hiya,

I would like some help and advice about my aunty who married my british born uncle in 2009 in Pakistan. She has three children with him, of whom 2 were born in Pakistan in 2010 and the other one born in england in 2013.

They havent ever claimed benefits etc apart from the child benefit my uncle gets for the girls. He works in his own company aswell so he can support them financially.

Basically, she came over on 10 July 2012 as a spouse with her two daughters on a spouse visa. Her visa expired on 6th September 2014. At that time they were in the process of moving houses and have now settled and looked at the passport to realise her visa has expired.

Were not sure what to do because everyone is saying lots of different things.

We have been told to use form flr fp - Application for leave to remain in the UK on the basis of your family life as a partner or parent or on the basis of your private life in the UK and for a biometric immigration document.

Because flrm is not ok because of overstaying. We cant submit a ILR application because she hasnt completed her life in the UK test yet and will potentially take around 4-5 months.

Also, if we apply using the FLR (FP) form, would we have to tick the box which says dependants? (even though the girls born in pakistan have british passports?) Are the girls dependants?

I forgot to mention her pakistani passport has expired aswell in novemeber 2014.

[kevb2014]

I think it's best to seek legal advice for this case. Good luck

[vinny]

SET(M), subject to KOLL and adequate maintenance and accommodation, etc.

[Obie]

Just to add that if she were to apply on FLR(FP) , it will be the end of the road for ILR, and will probably have to wait for 10 years to get ILR.

FLR(FP) may reasonably succeed.

[sophia9124]

SET(M), subject to KOLL and adequate maintenance and accommodation, etc.

Will the set m (which is for an indefinite leave to remain) not be refused because she has overstayed? Also, it will take her about 4-5 months to get the KOLL which is the life in the uk test. Do we just sit on it, till she completes this? Also, what about her girls? are they dependants?

[sophia9124]

Just to add that if she were to apply on FLR(FP) , it will be the end of the road for ILR, and will probably have to wait for 10 years to get ILR.

FLR(FP) may reasonably succeed.

As you are also a moderator like vinny above, i am unsure as to whether we should apply for the ILR on set m or the flr fp?

Because she hasnt completed her life in the uk and may need some time to do this, whats the best thing to do for her? Thing is, the fees for ILR are really high and we dont want it to get refused, and if there is a better chamce of the FLR fp succeeding then we should take this route? even if it means waiting another 10 years for her. Whats the best thing to do for the best outcome?

your advice and help is much appreciated everyone. thanks

[vinny]

SET(M), subject to KOLL and adequate maintenance and accommodation, etc.

Will the set m (which is for an indefinite leave to remain) not be refused because she has overstayed? Also, it will take her about 4-5 months to get the KOLL which is the life in the uk test. Do we just sit on it, till she completes this? Also, what about her girls? are they dependants?

Her daughters are dependants and should be considered in the adequate maintenance and accommodation calculations with the rest of the family. If they are British, then they need not/cannot make any applications for leave.

I think overstaying on its own shouldn't be grounds for refusal under 289. However, they may refuse her under 322, if applicable. Working while overstaying may also be grounds for removal/refusal.

It's your uncle and aunt's choice to follow which route to take.

[sophia9124]

SET(M), subject to KOLL and adequate maintenance and accommodation, etc.

Will the set m (which is for an indefinite leave to remain) not be refused because she has overstayed? Also, it will take her about 4-5 months to get the KOLL which is the life in the uk test. Do we just sit on it, till she completes this? Also, what about her girls? are they dependants?

Her daughters are dependants and should be considered in the adequate maintenance and accommodation calculations with the rest of the family. If they are British, then they need not/cannot make any applications for leave.

I think overstaying on its own shouldn't be grounds for refusal under 289. However, they may refuse her under 322, if applicable. Working while overstaying may also be grounds for removal/refusal.

It's your uncle and aunt's choice to follow which route to take.

I'm still a little bit confused. She doesn't work or have any convictions or anything. So is it right that there is no right of appeal if the ILR gets refused? She has three children. I read somewhere that after 2012 October, there is no right of appeal for ILR refusals for overstayers. Is the FLR fp got a better chance of succeeding than the ILR? As the court battle if it's gets refused will be a massive issue because her daughters are very unwell and will be hard running around.

Please if you could advise whether the ILR or FLR fp is better or better chance of succeeding.

Thanks in advance

[vinny]

See also Amber's comments.