Immigrationboards.com

Hi,

I've lived in the UK for almost 10 years. Always legally, except for the following instance. I'm wondering what my chance of getting ILR is. If there is no chance, I'll need to switch to a spouse visa asap (which means 5 more years of waiting).

In 2015, my due date was 1/7. My son was 10 days overdue, born on 11/7. My visa expired on 25/7. My son was only 14 days then, and we thought he was too small to travel. So I intentionally overstayed for 27 days, and left the UK with my son on 21/8, when he was already 6 week old. A kind GP provided a letter, saying that "we think the baby is now safe to travel".

I didn't apply to a UK visa again, untill four months later. I returned to the UK on the new visa in December 2015.

I know I broke the requirement for the 10 years long residence application. However, It was really a special circumstance. I had no reason to overstay, if not for my new born child. And I only overstayed for less than 28 days.

Am I going to be rejected for sure?

Many Thanks.

p.s., the reason why I didn't leave UK before giving birth was that we didn't think my husband getting a new job was a problem. But turned out it was.

Your issue is not necessarily the overstaying but the fact that you left the UK when you had no valid leave and did not apply for a visa within 28 days of becoming an overstayer, which breaks continuity of your lawful stay.
There is also no medical justification for this as a baby as young as 2 days old can travel without any issues. The idea that your circumstances were exceptional and out of your control is not gonna be accepted unfortunately.