ILR AND OVERSTAY

I am in need of your advice on my case where I am not sure if I qualify under 10 year private life route, details are as under :

I came to UK in Sep 2006 and in sep 2016 it will be 10 years of my stay in UK, I came on student visa later I switched to Tier1 visa, In 2009 my Tier 1 extension and appeal was refused and I overstayed for almost 3 years.

In 2013 I went back to Pakistan, got married to a British Citizen and got Spouse Visa in 2013, my overstaying was exempted.

I have stayed in UK continuously for almost 10 years now including period of overstay.

I am applying for Spouse visa extension this month, In September it will be 10 years of my stay in UK.

Can you guide me if I can on completion of 10 years try to avail 10 year route under private life or Is it too complicated due to my overstay? Can I use ART8 / private life/ family life to condone overstay? will EX1 rules of exception apply in my case?

ILR Long Residence requires legal residence in the UK of 10 years. If you have overstayed in between, your clock will have restarted when you became legal again.

You will likely qualify as a spouse earlier (in 2018).

abracadabra131 wrote:my overstaying was exempted.

You were issued a spousal visa based on your marriage. That does not mean that the overstay is forgiven or excised from your records.

You will not be eligible for citizenship till 2023, 10 years after you became legal in the UK.

Thank you Simon