Spouse Visa Expired - HELP!

[f41sal]

Hello,

Hope someone can help me.

My wife came to the UK in November 2010 on a spouse visa. Unfortunately her visa expired in January 2013 and we have just realised this today.

I understand that this isn't good and will probably cause problems. The reason why it totally slipped out of our mind was because she was 8 months pregnant and in February gave birth to our daughter

My wife has never worked in the UK or claimed benefits. I work full time and support the family.

Can someone please advise what steps I must take now to rectify this problems?

Your help and support will be fully appreciated

Thanks

Faisal

[reabs]

You need to act fast - very fast. I'd definitely advise you secure the services of a good immigration lawyer immediately. Can you afford it? The first step is to regularise her stay possibly with discretionary leave or maybe FLR (M)? You've got good mitigating circumstances and have used the visa for the purposes it was intended though if I were in your shoes, I'd want someone with a slick lawyers tongue arguing my case.

[vinny]

Unfortunately, as her leave has expired, she may be considered under the rules in place on/after 9 July 2013.

Fortunately, if her child is British, then I believe she may apply for FLR(M), as EX1 is applicable.

Concur that she should get professional help.

[Obie]

I don't think the previous immigration rules 287 requires a valid leave to remain at the time of application.

It is arguable that Op's wife will qualify under the older rules, notwithstanding the fact that there is no valid leave to remain at present.

Also see this unreported case.

[vinny]

You may be correct (2.1).