ILR Submitted after visa expiry due to delay in LIUK Test and work right

Hi all, would like seek your advice on this -

I booked my LIUK test for January this year but that got cancelled due to shortage of staff (covid reasons) at the test centre. I only managed to get the next test date after my spouse visa expired in mid feb 2021. I wasn’t aware that I could submit my ILR application without a LIUK test result. I thought this was absolutely necessary hence I only submitted my application after completing my LIUK test. I have since engaged an immigration lawyer to draft a cover letter explaining the rationale for submitting the ILR application post visa expiry.

Since it now takes 5 months to receive a decision and SP service wasn’t available for me then, I am concerned about my right to work (and the chance of switching jobs). Would someone be able to advise if they had the same experience as me and share their experience/decision outcome? Much appreciated!!

As you applied for ILR after your visa expired (the online date of submission and payment is the date of application), you are now an overstayer and have no right to work.

You should also prepare yourself that UKVI might not grant you ILR, but FLR(FP) 2.5 year visa instead.

What date exactly did your visa expire and what date exactly did you submit the online ILR application?

CR001 wrote: ↑

Tue May 11, 2021 8:22 am

As you applied for ILR after your visa expired (the online date of submission and payment is the date of application), you are now an overstayer and have no right to work.

You should also prepare yourself that UKVI might not grant you ILR, but FLR(FP) 2.5 year visa instead.

What date exactly did your visa expire and what date exactly did you submit the online ILR application?

My visa expires on 14th Feb and I submitted my app on the 3rd of March. As it’s due to circumstances that weren’t within my control (test centre closure), would they provide leniency?

Sadly u became illegal for that 17-18 days after r visa expired . I don’t think so there is leniency ad case worker takes decision according to visa guidelines
But they will put u in 10 years route

There is no leniency as to the right of work.

That is an automatic provision of law that extends your leave (and right to work) if you had applied for ILR or another form of leave before the end of your previous leave. That is not something that the caseworker can extend.

Indeed, if you are already employed, it is not impossible that your employer may have to fire you.

As you are on a spousal visa, I am inclined to agree with @Kaykash that you will likely be put on a 10 year long residence pathway.