Spouse Visa Overstay 4 Years

[majid1400]

All,

Looking for some pro advice. Feel like I have wasted £96 pound today on a 15 minute conversation with a so called specialist in Immigration. Situation is this,

1. Wife came to the UK from Pakistan on Spouse visa in 2006, visa was granted in sept 2006.

2. Spouse visa expired in 2008.

Solicitor advise was to apply for FLR (O) and not ILR.
What do I apply for and will my wife have to go back to Pakistan to apply as she is an overstayer ?

We do not claim any benefits, I work full time on a good salary and have our own house, mortgage.We have two children, 3 years adn 4 years old.

I eagerly wait for your reply in regards to what form to fill in and how should this be tackled, do I really need a solicitor to fill in a form ?

She has passed her life in the uk test last year.

Thanks

[innocentdevil]

why didn't you apply for extension for her visa. you should have. i think your only choice will to send her back and re apply for pakistan. i do not know what are the implications of being an overstayer but one of my friend over stayed for a month and he had to get some letter from police before he went to the airport so that they do not cause him any grief.

[majid1400]

@innoncentdevil,

Thanks for the reply, no excuses however two children and an immediae family members death does kind of leave the challenges of life right at the back of your list.

I personally do not think anyone with children involved can easily be sent back especially a mother, human rights will have a field day.

Guys, looking for pro advice and not just scare mongering

Cheers

[asim72]

First of all you have to provide more information, rather than just looking for a magic answer on a very brief query.

Why did solicitor advice for FLR (O)?
What was the outcome of that application?

Is your income more than £18600 per year?

[majid1400]

Asim, thanks for your reply.

Yes salary is more than you stated.
Solicitor said FLR (O) meaning OTHER is an application which falls outwith the normal rules since becasue she has overstayed her visa, it does not fall within the rules stated for FLR (M) or ILR .

Personally, I felt she was trying to make as much money as possible.

No, I have made no applications yet I want to ask you all guys for help in deciding what the best route is.

Shall I apply for an FLR (O), or FLR (M) or ILR ?

Dont really want to waste money, as you know these applications are not cheap.

Also, does she really have to go back to Pakistan to apply again considering we have two young children and have never claimed any benefits, have our own house etc etc. ?

Thanks

[asim72]

So, basically you never made any in time application for your wife, for the reasons best known to you, and when the solicitor gave you correct advice you did not take her advice.

As far as wasting money is concerned, you would not have wasted money if you took the advice of that solicitor. And I can assure you that you will be wasting a lot of money now due to your past (wrong) decisions.

Anyways, I might continue further tomorrow on you situation.

[majid1400]

Asim,

Thanks once again, I only seen the Solicitor today and yes reasons best known to me.

I am veryfing her advice with all you hence why I am here.
I look forward to your reply tomorrow and once again, thanks for taking out the time to answer.

Cheers

[geriatrix]

FLR(M) (285) requires valid leave.

With regards to FLR(O), reading this topic will be useful. Also, the following:

15. A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary Leave outside the rules on Article 8 grounds.

133. Those who, before 9 July 2012, have applied for initial or further leave under the rules in force prior to that date, but do not qualify for it, will not be considered under the Discretionary Leave policy. If they do not qualify under the rules applicable to them, their application will be refused. Any fresh application on or after 9 July will be considered under the new rules.

Options:
1. SET(M) (288) apparently doesn't require valid leave.
2. Apply for entry clearance as spouse of settled person or British citizen from outside the UK.

[majid1400]

Hi Sushdmeta

Many thanks for your reply, unlike others it's straight the point.

Can you kindly please be clear on one thing for me, if I do apply for SET M, this means she does not have to go back to Pakistan to apply for a Visa, is this correct > ?

Thanks in advance

[asim72]

But you did not get the point straight. You cannot apply for SET (M) from back home. You did not grasp anything what sushdmehta has posted.

[geriatrix]

ILR (e.g. - SET(M)) can only be applied for from within the UK.
KOL required.

Consider seeking professional advice - from a competent solicitor.
No harm in referring to the linked case in a covering letter, should you decide to apply for SET(M).

[majid1400]

sushdmehta, many thanks for your assistance.
Asim, you have actually been a waste of my time, you have some bee in your bonet about something and I cannot be bothered wasting my time with people like you.

Take sushdmehta as an example, a professional reply and YES straight to the point rather than bla bla bla

sushdmehta, thanks once more for your time and Asim thank-you for nothing.

Regards

[asim72]

You thanked me last nite. Maybe now you have a bee in your bonnet. You can have your thanks back. Maybe you had a worm in your head that you never tried to regularise your wife's stay for years.

[majid1400]

Asim,

Sounds like you have a major attidtude problem, seriously get a life mate.
Dont really want a reply from you on my topic so cheeerio,

[geriatrix]

asim72, (seriously) consider changing the tone of your responses to a respectable level and refrain from making unnecessary / sarcastic / obnoxious comments in your responses.
This is not the place for you to judge people posting their queries.

[innocentdevil]

actually, i know a case where a mother (who ran out of the visa and divorce malarki), applied back from Pakistan (as her ex-husband wouldn't) and she got ILR straight away due to the fact that she was a mother of the child who was in UK and needless to say she is still in the UK with her child.

your case is slightly different as your lady is an overstayer but just a thought to share.

[innocentdevil]

You thanked me last nite. Maybe now you have a bee in your bonnet. You can have your thanks back. Maybe you had a worm in your head that you never tried to regularise your wife's stay for years.

nowt to do with you. He is here asking for advise. either give one or do one

[majid1400]

Hi

Looking for some help and advise please, background as below

My spouse came to the UK in 2006 on a spousal visa, we were to apply for an ILR around 2008/2009 but we never got round to this due to other reasons.

Went to a lawyer eventually in 2014 who applied for a leave to remain for two years, my wife now has a biometric card which will expire in September.

What do I do next, do I apply for another leave to remain (Extended Stay) or indefinte leave to remain ?

I am a little confused as I think though I might be wrong, the lawyer said in 2014 that we cannot apply for ILR for 10 years and we need to apply for extended stay every two years until we get to 10 years and only then can we apply for an ILR, is this correct ?

I dont really want to spend the money on a lawyer if I dont need to and if the next application is straight forward, I appreciate your advise.

We have two children, 5 and 6, house is my own and I am currently working full time and not claiming any benefits

I look forward to your advise

Thanks

[Casa]

From the information your solicitor has given you it appears that your wife is on the 10 year route to settlement. You should apply for another 2.5 year FLR(M) extension. You will also have to pay the NHS surcharge of £500 in addition to the visa fee.

[vinny]

M.