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
-
khanjaan
- Junior Member
- Posts: 98
- Joined: Fri Jan 07, 2011 4:05 pm
Post
by khanjaan » Fri Jan 10, 2014 10:21 am
Hi
It's a question regarding my sister in law
She married to a british national had she had 4 kids now all kids been born while she had a legal status .
She got the spouse visa 2008
Expired 2010
She has done life in the uk
And she is not legal now
My questions are
Can she apply ILR ?
Which form to use?
Will it be an easy process?
If she can apply can she do it at PEO?
Please let me know which process to follow .
Kind regards
Khanjaan
-
CR001
- Moderator
- Posts: 88737
- Joined: Thu Mar 08, 2012 10:55 pm
- Location: London
- Mood:
Post
by CR001 » Fri Jan 10, 2014 10:38 am
Highly unlikely that she can apply for ILR considering her visa expired in 2010!! Why did she not apply for ILR before her visa expired?
Possibly the only visa she can apply for is FLR(FP)
http://www.ukba.homeoffice.gov.uk/sitec ... _flrfp.pdf
Or possibly FLR(O)
http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdfChar (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.
-
vinny
- Moderator
- Posts: 33342
- Joined: Tue Sep 25, 2007 8:58 pm
Post
by vinny » Fri Jan 10, 2014 11:51 am
She may try applying for
SET(M), citing the following:
A280( c ) wrote:(ii) to applications made by persons in the UK who have been granted entry clearance or limited leave to enter or remain under Part 8 before 9 July 2012 and where this is a requirement of Part 8, this leave to enter or limited leave to remain is extant: ...
and
Settlement rules for spouses (there's apparently no requirement in
287 for leave to remain to be extant).
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.
-
Amber
- Moderator
- Posts: 17544
- Joined: Tue Jan 15, 2013 11:20 am
- Location: England, UK
- Mood:
Post
by Amber » Fri Jan 10, 2014 1:26 pm
She shouldn't have a problem making a postal application for SET(M) if the requirements are met. A recent member had the same scenario 2.5 years overstayed but had completed 2 years with spouse leave and thus was granted ILR under SET(M) without valid leave.
**this forum is not intended to be a substitute for professional advice**
Click
here to send me a PM regarding an offensive post.
Do NOT PM me for immigration advice.
-
morleyaxis
- BANNED
- Posts: 46
- Joined: Mon Sep 29, 2014 4:26 pm
Post
by morleyaxis » Tue Sep 30, 2014 12:55 pm
Hi I noticed this post back from January 2014, which was very helpful.
I was wondering whether Khanjaan could confirm if his sister-in-law made the SET(M) application (despite being an overstayer) and whether she was successful or not? This would be very helpful as I am having to consider the same scenario.
Many thanks if you can answer.
