Wife applying for extention of visa - FLR(M). Overstayed.

[sMinty]

Hi,

My wife, having misunderstood the rules regarding her student visa expiry, has not submitted form FLR(M) to the UKBA yet. She came to the UK from the USA with a student visa in 2006. We recently married and would like to remain in the UK indefinitely. Her student visa expires on 31/10/09 (TODAY!) and, believing that she would have more time, she did not send off the form to extend her visa by making it a marriage visa (form FLR(M)). Today is a Saturday, so we cannot pay the premium to have a same day decision (which would have been most likely granted). We cannot send the form via special delivery or courier as the post office is now closed, and the building to which it is going will not be open to receive anything by courier. If we post it today, it will most likely be stamped with tomorrows date when collected, and will probably not reach them too soon (postal strike).
Will they hold the very very very slight overstay against her? Also, will sending the form today mean she is legally allowed to live and work here under her old visa until it is processed? (that is the case when an application is made before the old visa is overstayed).
Also, if her application is rejected, will she be ordered to leave immediately and will her overstay/rejected application hinder her separate application to enter and stay in the UK from the USA?

Many thanks in advance.

[vinny]

They may refuse her application with no right of appeal. If she had posted it before her leave had expired, then her leave would have been treated as continuing. Unfortunately, it's not applicable now.

Overstaying on its own shouldn't affect a subsequent spouse visa application.

[sMinty]

Thank you so much for your help. I suspected this was the case and am glad we can be sure now. We'll save the £450 application fee and wasted time from an FLR(M) application, and instead, she'll go back to America for a short while to apply from there.

We're making sure she leaves within 28 days at our own expense, so will that certainly not have an effect on her application from the USA?

One problem is that she will most likely have to leave her job for good (she's going to talk to her employer on Monday and ask for them to temporarily suspend her employment). Is a guaranteed source of income for her a requirement for her application to be accepted.

The other problem is that I've just started working a new full time job, so I can certainly support myself and even her for a short while until she gets her old job back or gets a new job, but I can't prove it with payslips or bank statements as I literally just started last week. I have a copy of my contract which states my salary and agreement to full-time employment, signed both by myself and my employer. Would this be considered reasonable evidence of my self-sufficiency, or are we going to have problems here?

Thanks for your help so far.

[vinny]

See also MAA10 Assessing adequate means of maintenance.