I had entered the U.K on a 2 year 9 month spouse visa on January 2014.
I applied to extend this visa on time but as we missed the IHS payment, the application was rejected. At the time of applying, I had given birth to our son and I was also completing my masters degree which is why it was missed unintentionally.
I then applied again, this time paying the IHS, and included a cover letter stating why I had missed the IHS payment on my first application. When I applied again, I was in breach of the condition of the spouse visa, as I had over stayed my visa time and this was because my initial application was rejected.
I received a reply to my second application to say that when I applied for a visa extension, I was in breach of my visa condition and as a result did not meet the requirements of paragraph E-LTRP.2.2.
However, because we had I child, I was granted leave to remain within the immigration rules under D-LTRP1.2 of Appendix FM. As part of this rule, I was issued with an initial 30 month period residency permit.
Under the conditions of D-LTRP1.2, I would have to wait 10 years to apply for ILTR and until then, I would have to apply for further leave to remain every 30 months.
I have a few questions to ask and any help would be appreciated as I can't get any help from the home office and everyone is referring me to a immigration lawyer.
- 1) As I was initially in the UK on a 5 year route, does this mean that my visa condition has changed and that the last 3 years have now been wasted
2) In 2 years time when I would have completed my 5 years, can I apply for an IDLR or will it be 10 years from now
3) If the visa condition has changed, can I apply again and is there a chance of it being accepted/rejected.