Spouse Visa Expired

[akramvikram]

Hi, I am British Citizen (Born in the uk) My wife is from india on a 2 Year Spouse Visa Expired on 14 March which by Human Error we have not applied for a ILR or Sat the Life in the uk test due to her being Very Pregnant/Stress? Our Doctor will give a letter to show this and other problems which have occured.

but What can i do next?

[Lucapooka]

Take proper advice from an immigration professional.

Her options are FLR(M) or SET(M). For ILR she will need to have passed the KOL. For FLR she will need to have passed an approved exam in basic English unless she has an exemption. My immediate reaction would be to suggest that she takes the KOL and apply for ILR, as late as it may be. If they refuse this she might appeal and say that the rules don't implicitly demand extant leave; merely that the applicant has completed two years as the partner of a settled resident at the time of applying.

Otherwise you are looking at discretionary leave an then six years before ILR.

[akramvikram]

Take proper advice from an immigration professional.

Her options are FLR(M) or SET(M). For ILR she will need to have passed the KOL. For FLR she will need to have passed an approved exam in basic English unless she has an exemption. My immediate reaction would be to suggest that she takes the KOL and apply for ILR, as late as it may be. If they refuse this she might appeal and say that the rules don't implicitly demand extant leave; merely that the applicant has completed two years as the partner of a settled resident at the time of applying.

Otherwise you are looking at discretionary leave an then six years before ILR.

Thanks for the Reply.

Would they take in note that she had a car accident in July of 2010 and was impaired from doing her usual actives and on 23rd May 2011 she also had a Miscarriage and Now we are currently in our first Ongoing Pregnancy which is currently 8 months and 3 weeks?
Hence the Doctors Letter...
Can she also apply for the Life in uk test even though her Visa has expired?

Me and my Wife don't really want to apply for the 3 + 3 year Visa (6 years than SET(M) ILR)

[vinny]

See also visa ran out.