overstaying on a spouse visa

[kered9]

Hello,

I am Australian overstaying my spouse visa which expired 01 august 2012 with the intention to complete application for ILR after I complete the trivia quiz, which I am currently studying for.

At £50 a go I think its worth taking my time to get it right the first time and had advice from CAB that my overstaying wouldn't be damage my application until applying after the 28th of October. That conversation was a few weeks ago and as I am nearly ready for the quiz I have had a bit of a stressful breakdown and want to be sure that I haven't misunderstood or given the wrong information over or... whatever.

The reason for overstaying is a misunderstanding, when my wife visited Australia her spouse visa became residency automatically and we expected the same thing here. I only found out my visa had expired when my work took my security pass from me and escorted me from the building.

[wpilr_nov12]

Hello,

I am Australian overstaying my spouse visa which expired 01 august 2012 with the intention to complete application for ILR after I complete the trivia quiz, which I am currently studying for.

At £50 a go I think its worth taking my time to get it right the first time and had advice from CAB that my overstaying wouldn't be damage my application until applying after the 28th of October. CAB is not UKBA. That conversation was a few weeks ago and as I am nearly ready for the quiz I have had a bit of a stressful breakdown and want to be sure that I haven't misunderstood or given the wrong information over or... whatever.

The reason for overstaying is a misunderstanding, when my wife visited Australia her spouse visa became residency automatically and we expected the same thing here. I only found out my visa had expired when my work took my security pass from me and escorted me from the building.

I think you have just made yourself ineligible for ILR under current rules by overstaying beyond end of your visa, and also beyond the discretionary 10 days after that. You have effectively 'reset the clock', if I am not mistaken.

Others/experts want to weigh in??

[sufferhead]

i agree

[Casa]

There was previously a loophole in the ILR rules, where the applicant needed to have had leave as a spouse for two years but not that it still needed to be valid. This loophole applied to people who had missed the expiry of the spouse visa by a few days or couple of weeks....but I believe that this was removed in the recent UKBA changes on the 9th July. You should seek legal advice as CAB staff are not qualified to advise in immigration law.

[kered9]

thanks for the advice. I have sought legal advice and we are making the application as discretionary which basically means it can be rejected on any basis. All other details remain the same.

Even though it is discretionary at this point my solicitor believes I have a very solid case resting one article 8, basically the life I have set up with my wife here, her family and their dependance on us, our mortgage and her work commitments combined with the lack of support she received from my family in australia all mean that while it is legal to evict me their is no need to do so (cos ima good person) and that to do so would cause harm to our family life we have built up.

[geriatrix]

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.

Casa, I don't see any change in 287(a) to suggest that the loophole has been capped.

[kered9]

The application was a success; I have Indefinite Leave to Remain.

Hurrah! Thanks for your time folks.

[MR_G]

congrats!!

[shal1981]

Congrats