Spouse visa extension overstay

[Skybird76]

Hi
I am british and this is my husband’s first extension after 2.5 years spouse visa.

Need some help with unusual situation with his visa extension. There r 2 main queries first about out of date application and second about earnings.

Visa expiry date : 28 May 19
Online form submitted: 30 May 19 (2 days late).
Appointment for doc submit : 18 Jun 19

No major reason for delay, just we forgot abiut it. Thought its expiring in July.


Secondly need advice on earnings:

My earnings: £12000 from employment from Jun 2018 to Nov 2018. Unemployed since then.

Husband’ earnings: £7500 from May 2018 to Apr 2018. Unemployed since then.

Total combine earned in last 12 month £19500.

Due confusion and haste no earning was entered in online form and clicked NO..as we were struggling to find paperwork.

Would they consider 10 year route with no kids...?

Would they accept out of date application..?

Would they accept attached evidence, although clicked NO online form..?

Please help with your advice.
Thanks

[Casa]

You're in a very tricky situation and to be honest, you have a considerable challenge ahead of you.

If you have received no income for the last 6 months and your husband for more than 1 year, you fail to meet the minimum earnings level of £18,600 which requires you to be in ongoing employment when the FLR(M) application is submitted. There will be an issue with both of you being long-term unemployed. How are you surviving with no income

The situation has been complicated further by submitting an out-of-time application for FLR(M) which has left your husband with no protection under Section 3c leave while this is being processed. Having 'forgotten' to submit the application before his current visa expired won't be considered by the Case Worker as a mitigating circumstance.

Your best hope will be that your husband is granted further leave under a 10 year route to settlement, but without children to be considered, you'll have to submit compelling reasons for him to remain in the UK. Also you need convincing reasons why you would not be able to live with your husband in his home country.

FLR(FP) applications can take up to 1 year for a decision and as he is now without valid leave to remain, he will be unable to work. If he is refused leave, the best option may be for him to return home and re-apply for a spouse visa once you have been able to meet the minimum income level for the 6 month period prior to submitting the visa application.

Edit: There appears to be an error in the dates of your husband's employment

[Skybird76]

Hi Casa
Thanks for your reply..just to correct my husband employment date was from May 2018 to Apr 2019, its was hourly job. Now unemployed Since then.

Also plz also consider that we did not entered any earning details in online form as we were looking for documents and were in a rush so we clicked ‘NO’ to evidence to quickly submit application which was out of date. So we are just sending earning docs now on the appointment day.

Plz shed light that is there any way out to at least 10 year route.
Also if they refuse do they give right off appeal or he will have to leave the country??

Many thanks for ur reply..bless u

[Casa]

Regrettably, I can't see any way to avoid the 10 year FLR(FP) Partner route (if you are fortunate to be offered it). The main issue may not be the late application, but the failure to meet the minimum income level. If the application is refused, I believe you should be given the right of appeal but this is a lengthy process.

Regarding my previous question, how are you supporting yourselves financially?

[Skybird76]

Hi Casa
Thanks for ur help i hope we are given 10 year route at least. We were relying on income from husbands employment which ended Apr 2019. Now looking for jobs. But had to first sort out visa now.
In such cases do they call for interview and also if i have a good job offer now for future date..would that help?

[Casa]

I doubt that you will be called for an interview and the decision is made on the present circumstances, not on offers of employment after the application's date of submission.

[Skybird76]

Casa
Thank you very much for answering..i keep my hopes and pray for at-least 10 year route offer by HO.
Bless u for ur kind advice
Regards

[Skybird76]

Hi Casa
My application is still in process was submitted on 21 Jun 19. Just one query they kept my passport and gave me a letter as receipt of passport. I noted that some of my other friends applied and their passport were not kept by UKVAC. Is this because my online application was submitted one day late?? (BRP exp 11Jun and online application submitted 12Jun). Please share your views..thanks

[Skybird76]

Just for clarity wrote about my husband’s case. I m so stressed with this extension and made me thinking am the one who is applicant. Also do u have any idea of processing times? coz he cant work as well and its making him mad sitting at home just waiting for outcome.

[CR001]

These types of applications can take many months. Nothing you can do to speed it up.

[Skybird76]

Just for clarity wrote about my husband’s case. I m so stressed with this extension and made me thinking am the one who is applicant. Also do u have any idea of processing times? coz he cant work as well and its making him mad sitting at home just waiting for outcome.

Hi CR001
Can u plz give ur views on this as well.

[Skybird76]

Hi Casa
My application is still in process was submitted on 21 Jun 19. Just one query they kept my passport and gave me a letter as receipt of passport. I noted that some of my other friends applied and their passport were not kept by UKVAC. Is this because my online application was submitted one day late?? (BRP exp 11Jun and online application submitted 12Jun). Please share your views..thanks

Hi CR001
Sorry need ur view on (passport retention)this plz disregard my previous quote..picked wrong paragraph.
Thanks

[CR001]

The advice you have been given is sound and nothing more I can add.

He cannot work or use the NHS as he is now an overstayer. You might be lucky and he gets FLR fp, no guarantees though.

If you are British there was no reason to submit your original passport. You can request it back.

The visa expired 28th may according to your first post and no you say 11th June it expired.

[Skybird76]

Hi CR001
Yes correct visa expired in May and UKVAC appointment was in June. Sorry my head is spinning due to this hectic phase of life and also now that i am pregnant as well. Sorry it was his Passport that was kept on appointment while some of the people i know also applied for ext and their passport were never kept. My british passport was scanned and returned. so looks like they kept his passport due late application?? My husband feels like a fugitive now no work no NHS no passport..

[CR001]

As he is an overstayer, this is likely why his passport was retained.

[Skybird76]

CR001 & CASA
Thanks for your kind advice, i will wait to see what happens and will share outcome here. Praying for 10 year route or at-least a right of appeal for our application.
Regards

[bambuzle]

Hi! Any news on this issue?