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ILR for Wife who is overstayer

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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zeeshanzaheer
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Posts: 111
Joined: Tue Sep 24, 2013 12:56 am

ILR for Wife who is overstayer

Post by zeeshanzaheer » Mon Dec 09, 2013 7:55 pm

My friend was married in 2010 and her wife got 2 years spouse visa .Her Husband was British national
She could not apply for ILR in 2012 and now she is overstayed in the UK.
She has one child who is British as well.the wife never went to stay out of UK and they are co-cohabiting and have enough proof to show.

which application form she needs to use?
can she apply for ILR as well?
Do they need to fulfill any financial requirement as well? as the last visa was issue before July 2012.

i have read somewhere a court decision to grant ILR in the similar case.if anybody can share the link as well please

please advice
Zeeshan

zeeshanzaheer
Member
Posts: 111
Joined: Tue Sep 24, 2013 12:56 am

Post by zeeshanzaheer » Mon Dec 09, 2013 8:57 pm

dear senior members please advice
Zeeshan

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Dec 09, 2013 11:46 pm

Why did she choose to overstay?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zeeshanzaheer
Member
Posts: 111
Joined: Tue Sep 24, 2013 12:56 am

Post by zeeshanzaheer » Tue Dec 10, 2013 12:06 am

they misunderstood that they need £18,600 to show
Zeeshan

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Dec 10, 2013 12:54 am

If she has satisfied the KOLL requirements, then she may try applying for SET(M).

Argue that she is still subject to the transitional provisions as A280(c), 287/288 doesn't require extant leave.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zeeshanzaheer
Member
Posts: 111
Joined: Tue Sep 24, 2013 12:56 am

Post by zeeshanzaheer » Wed Dec 11, 2013 11:43 am

thanks so much Vinny
Zeeshan

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