Spouse Visa Expired - can't apply for settlement - now FLMR?

[pengam]

hi all,

my wife is currently on a spouse CP visa which expired on the 2nd August 2010 which means she is unable to apply for the settlement visa as she hasn't done the life in the UK test or submitted the application for, as yet.

We've called up the uk borders help line about 5 times and each time been provided with different information, this included

- have the life in the uk test and submit the settlement application form with a covering letter £895

- apply for a FLR(M) form with a covering letter explaining the reasons why we missed the experiation date £475

- return to australia and log applicable visa in home country £unknown

I don't think the first one is an option. I think if we did that we'd lodge the application they'd reject it and we'd lose £850.

The second option seems most viable, but it up to the decision of the case officer and there are no guarantees. The person said we could submit it and put a cover letter with it which would then be assessed. My wife would have to go for a biometrics test and they said the waiting times for this to return were (after biometrics rec'd) 65% returned 4 weeks, 35% no time scale can be provided.

The third option is horrendous and would mean lots of money and so many problems with it.

All of these options mean that she is unable to work in the UK and likely to lose her job because of it.

I'm really at a loss, it doesn't seem we have any leeway whatsoever. Does anyone have any experience of this or can suggest the best option we should take.

any help would be appreciated,

thanks

[Wanderer]

Option one is best, act very quickly tho - a week or two late with a good excuse you will most likely get away with it. Option two next but there are no guarantees for either. Leave it any longer and option three will be your only option. Why was nothing done before the expiry date?

But as u r out of status section 3c doesn't apply so that means no work.

[pengam]

thanks for your reply, it's appreciated.

I'm incredibly concerned about option 1 as when I spoke to a lady at the office she said this was defintiely not the correct option as the visa has expired. I think the first thing they would check is the visa expiry date and then reject it on those grounds.

The reason why is a personal greivence in the family. I don't think they will care much, but times have been hard for us lately.

[Wanderer]

Search the forum, there's some some similar issues recently, but I can't remember if they were ILR or FLR related...

[batleykhan]

I think you might be in a bit of trouble for the simple reason that your wifes visa has now expired. Option 3 maybe your only choice now. She is now an illegal and thus will not be able to work

You should have applied for FLR before your wifes visa ran out. That would have bought you some more time to enable her to do her KOL. It would have meant paying an additional charge, but at least you would have been in a better predicament than what you find yourself in now.

Some good news though, I know someone who applied 3 months later and was refused because HO thought they could not support themselves. For nearly 4 months teh poor lady was frigtened to death every time someone knocked onn her door becuase teh Immigartion officers served her with deportation notice. Luckily after lengthy correspondence and help of the local MP, they eventually allowed her to stay. But it was hell for her family and kids for 4 months.

I hope you dont have to go through that because it is an awful thought of being seperated from your loved one. Good luck whatever you do though

[pengam]

It's becoming more and more apparent how much of a problem this is for us.

I've spoken to an immigration help agency who have advised to submit the settlement visa with a covering letter explaining the exact details of why we missed the date. It's a huge risk of 850.00 GBP, which could also end with my wife being deported back to Australia.

We just have to take the risk and pray it works.

thanks for your advice everyone. Wish us luck.

[Wanderer]

It's becoming more and more apparent how much of a problem this is for us.

I've spoken to an immigration help agency who have advised to submit the settlement visa with a covering letter explaining the exact details of why we missed the date. It's a huge risk of 850.00 GBP, which could also end with my wife being deported back to Australia.

We just have to take the risk and pray it works.

thanks for your advice everyone. Wish us luck.

She'll need to pass the life in the UK test first, if she can't she'll have to go for option two...

[alikhan28]

Hi

- have the life in the uk test and submit the settlement application form with a covering letter £895

Not good option as she need more time for life in Uk Test and then have to apply.

- apply for a FLR(M) form with a covering letter explaining the reasons why we missed the experiation date £475

Good option in this case.Sometimes home office ignore little delay and issue visas.You can write that you forgot expiry date of visa and this cause of delay.

I read few posts where people where visa was expired but they applied with good cover letter and reason for delay.

What the harm trying this option as yours visa is already expired.

I would suggest try this and if fail then apply from oversea.

- return to Australia and log applicable visa in home country £unknown

Last resort.You have this option anyway and any time.

and get some good solicitor and ask him to write a good cover letter for you.


Ali