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Overstayed my Spouse Visa

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

Vern
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Overstayed my Spouse Visa

Post by Vern » Fri May 03, 2019 2:07 am

Hi All,

Really need your assistance with this matter.

I have overstayed my spouse visa by 60 days as my wife ( British citizen married in 2014) and I were collecting funds for the fee. I couldn’t work once my visa expired on the 6th March 2019 so its taken longer than expected. We have now collected the funds and I have recently passed my Life In The UK Test. My next visa is the ILR but considering I have overstayed, would I need to leave the country or can i still apply while I am here.

Any advise would be helpful.

Thanks
Vern

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Casa
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Re: Overstayed my Spouse Visa

Post by Casa » Fri May 03, 2019 7:12 am

You should submit a FLR(FP) Partner route application.

https://www.gov.uk/government/publicati ... form-flrfp

Are you able to meet the £18,600 p.a minimum income level :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Vern
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Re: Overstayed my Spouse Visa

Post by Vern » Fri May 03, 2019 7:39 am

@Casa

Yes, The income level is not a problem. My wife and I launched our own recruitment company last year and earn an average of £20k each per annum.

Regarding FLR; I have been married for 5 years and on the 5 year route; should I still be applying for a FLR or ILR? I came to the UK in 2009 and when i met my wife. We dated for six years before tying the knot in 2014.

Would the overstay not be a problem?

Thanks
Vern

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CR001
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Re: Overstayed my Spouse Visa

Post by CR001 » Fri May 03, 2019 7:41 am

The overstay is an issue for ILR, which you likely now don't qualify for.

You will be put on a new flr FP route for 5 years, possibly 10 year route, before you will be able to apply for ILR.

Ihs fees have also doubled this year.

Make sure in future that you plan better for fees.
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Vern
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Re: Overstayed my Spouse Visa

Post by Vern » Fri May 03, 2019 7:45 am

@CR001

Is there really no way they would make an exception?

I have previously applied for 2 spouse visas in the past and have completed living here for 5 years on it. This is the first time I missed the deadline.

Thanks
Vern

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Re: Overstayed my Spouse Visa

Post by CR001 » Fri May 03, 2019 7:50 am

Only exceptionally compassionate reasons might be considered with substantial supporting evidence, like having been hospitalised for a serious illness for example. Not having the fee ready is not considered as such.

It is always the applicants responsibility to make sure they make an in time application and meet all the requirements.

Until your status is regualised, you cannot work or use free NHS etc.
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Re: Overstayed my Spouse Visa

Post by Vern » Fri May 03, 2019 8:01 am

@CR001

Yes, of course that makes sense but for a matter of 2 months would my past 9.5 years be written off?

I immediately stopped working in March and my wife solely managed the business until we had the money to pay. In all honesty, I thought I had 90 days time after my visa expires to reapply. So we prioritised finances accordingly. Running a newly opened business is not easy after all. Had I known I don't have 90 days, I would have loaned the money.

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Re: Overstayed my Spouse Visa

Post by CR001 » Fri May 03, 2019 8:05 am

Yes, of course that makes sense but for a matter of 2 months would my past 9.5 years be written off?

Yes. The period of overstay that HO could ignore used be 28 days. It is now only 14 days.
I thought I had 90 days time after my visa expires to reapply.
Why did you believe you had 90 days??

You do realise too that for meeting any financial requirements from your business, you need extensive supporting documents compared to being employed on PAYE which only required 6 months payslips and bank statements. So if you don't meet the requirements for FLR(FP) 5 year route, you will be put on the 10 year route, which is 4 x 2.5 year visas.
Char (CR001 not Casa)
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Re: Overstayed my Spouse Visa

Post by Vern » Fri May 03, 2019 8:15 am

Seems a bit harsh that HO would write off the 9.5 years for a matter of 58 days. I have heard on thai forum of people overstaying for years and still somehow managed to get a visa. So this leaves me very confused.

I have all supporting documents for financials so this is not an issue. We have been trading for just over a year and have recently balanced all accounts.

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Re: Overstayed my Spouse Visa

Post by CR001 » Fri May 03, 2019 8:20 am

Seems a bit harsh that HO would write off the 9.5 years for a matter of 58 days.

As I said, the rules are pretty clear and it is an applicants responsibility to make sure everything is right and done in time.
I have heard on thai forum of people overstaying for years and still somehow managed to get a visa. So this leaves me very confused.
ILR is NOT a 'visa'. What you might be reading is either a) people being granted FLR(FP) Parent or Partner or EEA RC if married to an EU citizen or b) the previous ILR based on 14 years where NO legal stay was required, this is no longer available. Being an 'overstayer for years' does not give ILR and many have likely face expensive appeals etc. Remember that many members who post on forums don't always state their whole story and often leave out key or 'unpleasant' information.
Char (CR001 not Casa)
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Vern
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Re: Overstayed my Spouse Visa

Post by Vern » Fri May 03, 2019 8:33 am

Ok, what visa can I apply for in this case?

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Re: Overstayed my Spouse Visa

Post by CR001 » Fri May 03, 2019 8:40 am

Casa wrote:
Fri May 03, 2019 7:12 am
You should submit a FLR(FP) Partner route application.

https://www.gov.uk/government/publicati ... form-flrfp

Are you able to meet the £18,600 p.a minimum income level :?:
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Vern
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Re: Overstayed my Spouse Visa

Post by Vern » Fri May 03, 2019 10:49 am

Can I apply for this while I am still here in the UK or would I need to leave and apply for my country.

Also - how long would it take to get a conclusion on the FLR? I have previously always gone for the same day express service by paying a premium.

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Re: Overstayed my Spouse Visa

Post by CR001 » Fri May 03, 2019 10:52 am

Can I apply for this while I am still here in the UK or would I need to leave and apply for my country.
Yes, you can apply within the UK.
Also - how long would it take to get a conclusion on the FLR? I have previously always gone for the same day express service by paying a premium.
As you are an overstayer, your case would not be 'straightforward' and regardless of which option you choose on UKCVAS Sopra Steria, you are unlikely to get a speedy response if, for example you chose and paid for Super Priority 24 hour service. There is also no longer a premium same day service as the PSC/PEOs have closed.

FLR(FP) applications can take anywhere from a couple of months to a year.
Char (CR001 not Casa)
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Re: Overstayed my Spouse Visa

Post by Vern » Fri May 03, 2019 10:55 am

"Yes, you can apply within the UK"

Even though I have overstayed?

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Re: Overstayed my Spouse Visa

Post by CR001 » Fri May 03, 2019 11:18 am

Vern wrote:
Fri May 03, 2019 10:55 am
"Yes, you can apply within the UK"

Even though I have overstayed?
Yes.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Vern
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Re: Overstayed my Spouse Visa

Post by Vern » Fri May 03, 2019 11:41 am

Thanks.

I'm guessing this would mean I have to restart my 5 or 10 year route?

If so - does it not count that I have been married and lived with a British citizen? Is there another resident permit that takes this into consideration?

Regards
Vernon

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Re: Overstayed my Spouse Visa

Post by CR001 » Fri May 03, 2019 12:38 pm

I'm guessing this would mean I have to restart my 5 or 10 year route?
Yes.
If so - does it not count that I have been married and lived with a British citizen? Is there another resident permit that takes this into consideration?
No.
Char (CR001 not Casa)
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Vern
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Re: Overstayed my Spouse Visa

Post by Vern » Fri May 03, 2019 12:42 pm

Oh no - this is so heart breaking.

I guess it not all bad - at least I dont have to leave my wife by herself. So can I just downlaod the FLR form, fill it and submit it in person using the express service like I did the last time? Or do I have to post it?

Thanks
Vernon

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Re: Overstayed my Spouse Visa

Post by CR001 » Fri May 03, 2019 12:46 pm

So can I just downlaod the FLR form, fill it and submit it in person using the express service like I did the last time? Or do I have to post it?
The forms are online now. There is no in person service anymore at PSC/PEO, as already stated. You have to pay extra to use the UKCVAS Sopra Steria service. You are unlikely to get an 'express' or quick decision.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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Vern
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Re: Overstayed my Spouse Visa

Post by Vern » Fri May 03, 2019 12:49 pm

Ok, so if I do apply online - don't I need to send documents or proof i.e. marriage certificate, memories, POA, bills, company accounts etc?


Thanks
Vernon

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Re: Overstayed my Spouse Visa

Post by CR001 » Fri May 03, 2019 12:50 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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Vern
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Re: Overstayed my Spouse Visa

Post by Vern » Fri May 03, 2019 7:53 pm

My wife and I visited an immigration official today who mentioned I can still apply for FLR (spouse visa) on grounds that I can prove that my wife and I living in separate countries is not possible. Also, we need to prove that my british wife wont be able to leave this country and live in my home country.

This application could take a minimum of 8 weeks to come through with a result. If unsuccessful and need to leave the country anyway, could I be banned from entering the UK to be with my wife?

The other option is for me to return to my country now and apply for a spouse visa from there to get onto a 5 year route. This could take up-to 6 months.

Any advise?

Vern
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Re: Overstayed my Spouse Visa

Post by Vern » Thu Nov 07, 2019 6:07 pm

Hi Casa, I hope you pick this up.

The HO has rejected my FLR application that was submitted through my solicitors. The HO’s letter states I qualified for all requirements except the fact that we couldn’t prove the insurmountable obstacles that my british wife would endure.
My lawyer has advised I could either appeal this judgement or go back to my country and apply for a spouse visa.

What would you suggest? Should I apply for a spouse visa? Would I get banned from entering back in the UK considering I overstayed? Should I appeal this decision?

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Re: Overstayed my Spouse Visa

Post by Casa » Thu Nov 07, 2019 6:28 pm

In my honest opinion, the best option would be to apply for Spouse visa from outside of the UK. The overstay shouldn't have an adverse affect on the application.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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