Expired spouse visa

[Flashinoz]

Hello

I moved to Uk on spouse visa in 2016, didn’t realize that it expired 2019. I thought that you just applied for citizenship after 5 years. Anyway citizenship application refused and just realized I’ve technically overstayed. I am US citizen, when I returned from trip to US last Aug, the immigration person just said that my BRP expired but it was ok because I was applying for citizenship. Not sure what to do next? Can I apply for another spouse visa in the Uk or do I have to apply from outside? My British husband (of 22 years) and teenage children are all British citizens.
Feel quite confused on what to do next.

Thanks

[vinny]

See also Can spouses of British citizens naturalise after just three years’ residence in the UK?

Unfortunately, your continuous period for ILR is also broken and you will have to start all over again.

An interesting question is under what conditions did the Immigration Officer admit you? What was his endorsement in your passport?

With children, it may be possible to apply for further leave to remain in-country, subject to exceptional circumstances or Covid concessions. However, if successful, then they may place you on a ten year path. But then you may switch back to the five year path immediately after the grant of leave. Alternately, apply for another Spouse visa from home country.

[JB007]

See also Can spouses of British citizens naturalise after just three years’ residence in the UK?

Unfortunately, your continuous period for ILR is also broken and you will have to start all over again.

An interesting question is under what conditions did the Immigration Officer admit you? What was his endorsement in your passport?

With children, it may be possible to apply for further leave to remain in-country, subject to exceptional circumstances or Covid concessions. However, if successful, then they may place you on a ten year path. But then you may switch back to the five year path immediately after the grant of leave. Alternately, apply for another Spouse visa from home country.

NHS
Your access to bill free NHS ended when your spouse visa did. If you decide to stay in the UK to try to use your children to get another visa to remain, you may want to get private health insurance to cover you until you have been granted another visa to live in the UK. You will be billed at 150% of NHS costs and if in England, likely have to pay before you receive treatment.

Work
You are not allowed to work until you are granted another visa.

[JB007]

NHS
Your access to bill free NHS ended when your spouse visa did. If you decide to stay in the UK to try to use your children to get another visa to remain, you may want to get private health insurance to cover you until you have been granted another visa to live in the UK. You will be billed at 150% of NHS costs and if in England, likely have to pay before you receive treatment.

A covid vaccine is free and you will not be asked about your immgitation status as it is in the UK's interest to have everyone vaccinated. Some other services are free too.

NHS entitlements: migrant health guide for England
https://www.gov.uk/guidance/nhs-entitle ... e-migrants

This is the staff charging regulations guidance for England.
https://assets.publishing.service.gov.u ... ations.pdf


If you live in any of the other 3 nations (Scotland, NI or Wales) you can read about charges for their NHS.

[Flashinoz]

Hello @vinny

Thank you for your reply. I have been researching a bit more. The lady at immigration last Aug 2021 took my expired BRP but allowed me to enter because she could see that I was in the process of applying for citizenship. (she said that was OK)

I have an expired BNO passport from 2005 which I didn't renew because I got my US citizenship in 2005. Can I apply for a BNO Visa instead. Can I do that from inside the UK? It certainly looks easier to get a BNO visa than another spouse visa. Does any of my time spent here form 2017-now count towards getting my ILR? Do I start all over again?

[CR001]

Does any of my time spent here form 2017-now count towards getting my ILR?

No, unfortunately not.

Do I start all over again?

Yes.