Spouse visa- pracitcal advice needed!

[richy84]

Hello all,

My wife and I need some practical advice re her spouse visa application.

Basically my wife (S Korean national) and I are one of the many married couples who have had our lives f*cked-up by Theresa May and her Tory friends pandering to the anti-immigration vote.

Our situation is as follows:-

1) When I returned to the UK I was a full-time student, therefore no income, therefore couldn't meet financial requirements (savings insufficient). Hence wife came on a one year student visa.

2) I got a job earning above the 18,600 threshold that started on 19 August 2013. I will have been working there for 6 months on 19 February 2014.

3) Wife's student visa expires on 2 February 2014.

In effect this means that there is two-week window during which (a) my wife's student visa will have expired and (b) I will not yet be eligible to sponsor her visa.

What we need is some practical advice on how to deal with this. The worst case scenario is that my wife returns to S Korea when her visa expires and applies from there, but as you are no doubt aware that could lead to us being separated for months while we are awaiting a verdict so v keen to avoid doing that.

In particular, I'd like some clarification on whether we can let my wife overstay before applying.

On one hand the guidance on UK Immigration's website states that FLR(M) applications must be made "before your current permission to stay expires". This is absolutely understandable.

On the other hand, the page confusingly also says that:

"You cannot apply to extend your leave to remain if you are in the UK... in breach of the Immigration Rules (a period of overstaying of less than 28 days will not be taken into account)"

See the link below:

http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/

Does this mean that if my wife overstays for 17 days (ie less than 28 days) this will not be taken into account?

Sorry to bombard you with this, but UK Immigration really is an impenetrable wall when trying to find out practical information. We really just need someone who knows the system so we can find out what are options are.

I hope I've explained everything clearly. This has been an ongoing thorn in our side for quite some time now so any advice that can help us find a solution will be massively appreciated!

Thanks,

R

[Lucapooka]

Yes, of course she can overstay for that period and apply. It would not be written into the rules if it were not permitted. The only issue would be that she cannot apply in person at a PEO and that the EX.1 exemption would not apply. So relax and apply by post no later than 28 days after her current leave expires. Can I assume she is actually attending her course?

[richy84]

Thanks Lucapooka,

Yes- her studies were entirely bonafide. We were lucky in fact that we had that to fall back on- we applied literally one day after the rules had changed.

One further question, will they not take into account the time that has elapsed while her application is being processed? (ie- if it takes them more than a month to process her application, this will mean she will have technically overstayed well over the 28 days..)

Thanks again,

R

[Lucapooka]

No, because the day the application is posted is the date that is considered, even if takes six months to get a decision. Just keep a record of the posting.