Please help: Which Application?

[walker]

All help/advise will be much appreciated.

Entry Clearance granted as the spouse of a BC. 5-year route to settlement. FLR granted. FLR leave expired approximately 3 months ago. Can an application for ILR be made on the 5-year route to settlement? Or will an application for FLR need be made first?

[CR001]

FLR granted.

Which route to FLR, FLR(M) or FLR(FP) as the previous application was also after a visa expiry date? The approval letter will tell you under which route and rules leave was granted.

FLR leave expired approximately 3 months ago.

So you/spouse forgot again or was there other circumstances? Doing this twice is not very good at all. Same advice as last time applies, no work, no free NHS etc.

https://www.immigrationboards.com/viewt ... 4#p2068144

Can an application for ILR be made on the 5-year route to settlement?

It depends on what route and rules the last visa, now expired, was granted. For ILR, you need 5 years continiuous residence, no breaks and overstaying.

Or will an application for FLR need be made first?

Every time you forget to renew before expiry date, you start the ILR clock again from scratch.

[walker]

Thanks for your reply Char.

Entry Clearance was granted as a spouse and the application to extend was made in time and granted. Was on the 5-year route to settlement from outset and elgible to apply for ILR after 5 years. However, failed to make the ILR application (or any application) and current status is as an overstayer.

Reading your last post, cannot apply for ILR because currently an overstayer.

An application for FLR(M) can be made but any qualifying period for ILR will begin from 0 again.

[walker]

Hi

Just to clarify, I am asking on behalf of someone.

Looking at the IR, I think an application for ILR can be made relying on the caseworker to 'exercise discretion under exceptional or compassionate circumstances where the application was submitted after the 14-day period'.

Thoughts?

[CR001]

So what are the exceptional or compassionate circumstances?? Simply forgetting (twice) is not.

[walker]

This will be the 1st application which will be late.

The circumstances are quite personal/private but relate physical and emotional control over the applicant and her documents from a family member (not the spouse).

I think the chances of the application succeeding are slim and entirely dependent on the discretion of the caseworker but if you don't try you'll never know.

Disagree?

[CR001]

2022 you also forgot, hence the link is posted previously.

Your choice, you lose the fee if it is refused and caseworkers do not have to exercise discretion.