Overstay Questions in the UK

Hi, I'm Lia, married to my husband for 3 1/2 years. We got married in the US and moved over to the UK in 2006. he's a British citizen and I have a spousal visa for 2 yreas. I have just now found out my visa is overstayed because it expired the 3rd of july 2008, however I didnt enter the country until August 13, 2006 (the stamp on my passport). I'm now applying for an extension so I can take my "life in the UK" Test on the 16 of August.

I am 22, female, and have 2 kids, one is registered as a UK citizen but born in the U.S.A., the other born here and registered here. I am uncertain if I should leave hte country and reapply for a 2 year visa, or if I will be automatically blacklisted. I dont even know what blacklisted is really, and what this ""oct. 1, 2008" thing everyone is refering to on this forum.

I am trying to look up information and go into this knowledgably. I have got all my forms together to send out and waiting for the money to do so. I dont think it will get to the government before the 13th of August 2008 (my 2 year anniversary here) but I'm unsure what else to do.

Can anyone help please?

See also Query regarding October 1st Ban on Overstayers.

Your case is not as bad as the other posts and there is a good chance that the caseworker will allow you ILR application assuming you pass the test.

The problem is going to be the time it takes to have the process the ILR. It is highly unlikely that you will get a result by 1st October.

If the ILR is refused due to an out of time application / stay without leave, I believe in your case with the recent House of Lords case EB you would win at appeal.

The $1 million question - do you take the chance or do you take a couple of weeks out of your life and return to the US and get a new spouse visa. The safest fastest route is returning to the US. See Lady K posts.