Spouse of UK national - NOW overstayer (<28 days)

[coco__nutty]

Hope someone can help me.
I think at the moment I just want to hear from those who have been in/heard of or have an expertise in this situation and –hopefully- calm my nerves! J

I’ve lived in the UK as a student and then sponsored by my work (last 2 years) for 10 years now.
I have been in a long-term – 5 years – relationship with my (now) husband, living together for the past 3 years, married for a month now – which we have proof of all this and this isn’t really an issue. My husband is (has been with same company for 4 years) employed full time, in a staff position, earning £60k per annum, so we’re sorted in the financial bit also.
However... I decided to switch my employment visa to spouse visa upon expiry of the former, just to have the freedom to move between companies, should I need to for career growth etc.
My visa was expiring 19th of April and we married on 30th of March.
I submitted my application as a spouse of UK citizen on 19th of April – date of expiry of my visa, which was all fine and my status was extended by virtue etc.
UNTIL UKBA returned my application as invalid on 26th of April, due to an old form being used (not even that really, but because the fee had gone up BY £10 and in my application I’d only obviously specified the old amount!!!)
So frustrating as it was just an oversight, I never even thought of checking for something like this and started preparing my application before the new form was approved for use!

As I was unfamiliar with the situation and also terms such as ‘overstayer’ and what happens in this circumstance, I freaked, then quickly printed off a fresh copy of the (current) application and submitted it with all the relevant documents the same day I received that letter of ‘invalidity’.

So:

Married 30.03.13
Submitted Original Application: 19.04.13
Visa Expired: 19.04.13
Application Returned as ‘Invalid’: 26.04.13
Application Re-submitted: 26.04.13
New Application Received by UKBA: 29.04.13 (Monday)
Fee taken: 30.04.13

I take it my application is now being considered and I just have to wait and see what they say, but can anyone shed any light on what the circumstance will be seen as? I’ve been freaking out as I never saw this coming so no idea what to do, what to expect, whether there’s anything I can do to improve my chances?..
Will I get a letter of confirmation of receipt from them?... Basically, will my application follow same course of action from now on as it would have originally, EXCEPT for me being an overstayer on an expired visa now? Does anything change apart from my immigration status here?

I’ve found many questions across the forum about overstayer/spouses, but it relates more to people who’ve either overstayed by more than 28 days (not sure what difference this makes when you’re married to a UK national anyways) or someone who is an overstayer and looking to get married.

Thanks in advance and apologies for the massive write-up, I wanted to be as detailed and clear about my situation as possible...

[Amber]

Hope someone can help me.
I think at the moment I just want to hear from those who have been in/heard of or have an expertise in this situation and –hopefully- calm my nerves! J

I’ve lived in the UK as a student and then sponsored by my work (last 2 years) for 10 years now.
I have been in a long-term – 5 years – relationship with my (now) husband, living together for the past 3 years, married for a month now – which we have proof of all this and this isn’t really an issue. My husband is (has been with same company for 4 years) employed full time, in a staff position, earning £60k per annum, so we’re sorted in the financial bit also.
However... I decided to switch my employment visa to spouse visa upon expiry of the former, just to have the freedom to move between companies, should I need to for career growth etc.
My visa was expiring 19th of April and we married on 30th of March.
I submitted my application as a spouse of UK citizen on 19th of April – date of expiry of my visa, which was all fine and my status was extended by virtue etc.
UNTIL UKBA returned my application as invalid on 26th of April, due to an old form being used (not even that really, but because the fee had gone up BY £10 and in my application I’d only obviously specified the old amount!!!)
So frustrating as it was just an oversight, I never even thought of checking for something like this and started preparing my application before the new form was approved for use!

As I was unfamiliar with the situation and also terms such as ‘overstayer’ and what happens in this circumstance, I freaked, then quickly printed off a fresh copy of the (current) application and submitted it with all the relevant documents the same day I received that letter of ‘invalidity’.

So:

Married 30.03.13
Submitted Original Application: 19.04.13
Visa Expired: 19.04.13
Application Returned as ‘Invalid’: 26.04.13
Application Re-submitted: 26.04.13
New Application Received by UKBA: 29.04.13 (Monday)
Fee taken: 30.04.13

I take it my application is now being considered and I just have to wait and see what they say, but can anyone shed any light on what the circumstance will be seen as? I’ve been freaking out as I never saw this coming so no idea what to do, what to expect, whether there’s anything I can do to improve my chances?..
Will I get a letter of confirmation of receipt from them?... Basically, will my application follow same course of action from now on as it would have originally, EXCEPT for me being an overstayer on an expired visa now? Does anything change apart from my immigration status here?

I’ve found many questions across the forum about overstayer/spouses, but it relates more to people who’ve either overstayed by more than 28 days (not sure what difference this makes when you’re married to a UK national anyways) or someone who is an overstayer and looking to get married.

Thanks in advance and apologies for the massive write-up, I wanted to be as detailed and clear about my situation as possible...

If you have lived in the uk legally for 10 years did you not consider settlement?

[coco__nutty]

If you have lived in the uk legally for 10 years did you not consider settlement?

I don't believe Student and PSW qualify for that?.. Or am I wrong?
I've only been sponsored by work for 2 years now and that would not have been enough...

Either way, that doesn't really matter in my situation?... :S

[Amber]

If you have lived in the uk legally for 10 years did you not consider settlement?

I don't believe Student and PSW qualify for that?.. Or am I wrong?
I've only been sponsored by work for 2 years now and that would not have been enough...

Either way, that doesn't really matter in my situation?... :S

See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary pg 6

[coco__nutty]

If you have lived in the uk legally for 10 years did you not consider settlement?

I don't believe Student and PSW qualify for that?.. Or am I wrong?
I've only been sponsored by work for 2 years now and that would not have been enough...

Either way, that doesn't really matter in my situation?... :S

See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary pg 6

Hi there!

Thanks very much for the link, very interesting and I didn't realise this was the case! However, as luck would have had it anyways, I would only reach 10 years in September and my last visa expired 19th April. So this wouldn't have been an option either way...
I will definitely look into this once I get sorted with my spouse visa and it comes to the next stage...

Do you by any chance have any advice or insight into my current situation?

Thank you again!

[Amber]

If you have lived in the uk legally for 10 years did you not consider settlement?

I don't believe Student and PSW qualify for that?.. Or am I wrong?
I've only been sponsored by work for 2 years now and that would not have been enough...

Either way, that doesn't really matter in my situation?... :S

See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary pg 6

Hi there!

Thanks very much for the link, very interesting and I didn't realise this was the case! However, as luck would have had it anyways, I would only reach 10 years in September and my last visa expired 19th April. So this wouldn't have been an option either way...
I will definitely look into this once I get sorted with my spouse visa and it comes to the next stage...

Do you by any chance have any advice or insight into my current situation?

Thank you again!

You applied within 28 days of your old visa expiring, you should be fine.