General UK immigration & work permits; don't post job search or family related topics!
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Singh21
- Junior Member
- Posts: 70
- Joined: Fri Nov 06, 2015 1:47 pm
Post
by Singh21 » Tue Aug 08, 2017 6:55 pm
Hello Eveyone
I am really looking some useful advice.
I have received hospital bill of £4600 for maternity charges.
My wife visa refused on 24 May 2016 and she applied fresh application within 28 days, since then she did not get any decision. I paid IHS £500 with her fresh application in June 16.
I have Indefinite leave to remain.
My baby born in July 2017.
My question is-
1. 28 days overstay used to be disregarded in June 2016.
So why do I have to pay £4600 for maternity chages.
2. Home office took so long to make decision on my application which cause me this hospital bill.
3. Should I take legal advise if I am entitled for free NHS in case.
Please let me know if these charges are fair on me.
Thanks a lot
Pls help
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CR001
- Moderator
- Posts: 88124
- Joined: Thu Mar 08, 2012 10:55 pm
- Location: London
- Mood:
Post
by CR001 » Tue Aug 08, 2017 7:46 pm
According to one of your posts in July 2016, you did not apply in time. Based on that, your wife has had no legal status since her last visa expired. Don't confuse the disregard for overstay by HO with the requirements by the NHS.
indefinite-leave-to-remain/vary-flr-fp- ... l#p1379728
I need your help to vary my application from out of time application flr fp tp set lr.
I am going to peo in 2 weeks time. I would be submitting my application by myself. you guys have help lots of people and i am looking forward for your support for next 2 weeks.
my immigration history in short:-
I entered UK on 4th Sep 2006(followed by tier4, psw and tier2)
FLR FP applied on 7th Jan 2016
FLR FP refused on 24 May 2016 (No in country appeal right )
Fresh FLR FP application made within 28 days on 20th June 2016
Eligible for ILR on 8th August 2016(Prior to 28 days)
My Question is:-
1. Can i vary my out of time flr fp application at window?.
2. Do i need to mention about my out of time application in cover letter?.
3. am i still lawful in the country to qualify for ILR?
4. As i dont have valid leave so can i still go to window 28 days prior to my 10 years.
5. Do i need to mention in my cover letter about considering discretion in my case.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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secret.simon
- Moderator
- Posts: 11261
- Joined: Thu Feb 21, 2013 9:29 pm
Post
by secret.simon » Wed Aug 09, 2017 12:02 am
The 28 day grace period only means that immigration applications within that period will not be rejected on basis of being made out-of-time alone. It does not create any leave/visa for the applicant. While an out-of-time application is being decided, the person is still legally an overstayer without leave. You mention it yourself in Question 4 of the quote from your earlier post.
4. As i dont have valid leave so can i still go to window 28 days prior to my 10 years.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.