I have overstayed and been placed in a 10 year category

[Nooruzair]

I came to the uk in November 2015 and since then have 1 small child. My visa expiry date was 15/07/2017 however i was informed i have 28 days after that date to submit my extension paperwork.
Due my mother in law dying in june due to a long battle with cancer it slipt my mind and the paperwork was submitted after the expiry date.
All my documentation was perfect wages above £18600 etc however they have placed me into a 10 year visa routeis there any way i can challenge this eg
Letter of reconsideration and what chances do i have

[CMOSUK]

I came to the uk in November 2015 and since then have 1 small child. My visa expiry date was 15/07/2017 however i was informed i have 28 days after that date to submit my extension paperwork.
Due my mother in law dying in june due to a long battle with cancer it slipt my mind and the paperwork was submitted after the expiry date.
All my documentation was perfect wages above £18600 etc however they have placed me into a 10 year visa routeis there any way i can challenge this eg
Letter of reconsideration and what chances do i have

What was your previous visa? and if you can what is your immigration history?

It sounds like they have given you the 10 year route family life. By your own admission you have overstayed and as far as my understanding is, out of time applications received after 24 November 2016 now come under the 14 day grace period rules and not the now abolished 28 day period rule(you would have had 14 days further after the expiry of the visa).

In stating that, there has to be have been a 'good reason' for why you could not make an in time application.

I would also like to ask, when did you apply for the extension? As this is a crucial factor, but it sounds like you may have also missed the 14 day grace period as well, as had you done it with in that time after expiry of visa they would have to disregard it if the conditions were met that is.

i'am not sure, but the visa they have granted you now might have now reset your lawful stay clock now i think, it might mean you will have to complete the 10 years before you can apply for ILR. I state this because the fact you have become an over stayer as you made an out of time applicaiton and would not have been covered by section 3C, need some clarification on this.

have a read here, click here

[Nooruzair]

Hi yes i applied after 24days ,because my mother in law passed away snd my husband was nt mentally so upset because of sudden death.it was a spouse visa.i dont know what to do now ? Can i do reconsideration letter with all my husband mental state letter and my his mother death certificate as well due to cancer , would this helpful or not??

[Casa]

Although I can appreciate how you must feel, in the circumstances the decision is correct assuming you were applying for FLR(M).

However, you faced being refused any length of extension and the Case Worker has used discretion in granting you leave under the 10 year category. Many on the forum haven't been as fortunate.

Have you been issued with FLR(FP) Partner route, or Discretionary Leave (DL) ?

[Nooruzair]

Partner route 5 years to 10 years. I applied foe keave to remain in uk .

[Casa]

As you have a child with your spouse, instead of a straight refusal you have been issued a visa under the 10 year route to settlement.

You will have to apply for 2.5 years x 4 visa extensions. FLR(M) requires extant leave, which is why the refusal is correct under the Immigration Rules.

[Nooruzair]

So can i apply for reconsideration on my case and request for 5 years for valid reason of my motherinlaw death.would it b helpful or not?

[Casa]

Unfortunately the HO won't consider the stress of your mother-in-law's passing as sufficient to explain your late application. Decisions are made under the Immigration Rules.

Having said that, the Case Worker has shown a degree of compassion to your circumstances by granting a FLR(FP) visa under the 10 year route. Your application could have been refused altogether.