Need URGENT advise (ILR)

[lxf2442]

Okay this might sound VERY VERY stupid but i had a major error of judgement with regards to my visa expiration dates.

I am currently on a spouse visa in the UK which is due to expire in the next 4 days. I had originally thought that i had till the end of the month to do my "life in the uk" test and apply for the ILR but it seems i was wrong and infact my visa is running out sooner than i had thought.

When i found my mistake (this morning) i spoke to a visa consultation company who said that although it is too late i should not worry too much and get myself booked in at a test centre for the earliest date so i could do the "life in the uk" test. He also mentioned that the earliest that can happen is after 7 days as they will not book me anywhere before that. In the meantime i could get all my ILR forms ready and apply the day i get my test result either in person or by urgent recorded delivery.

I tried a few local testing centres and indeed he was right and i could not get any dates earlier than the 13th of March. I have booked my test for the 13th now but when i called the immigration help advise line. They said that if my visa expires before i make the application i would basically have to go back to my country of origin (pakistan) and apply for an IRL from there.

Saying this the consultant i spoke to earlier had told me that it is not the case and a lot of people he knew have been making the applications for ILR's after their visa's have expired by a few days.

Basically i am here for advise in regards to that. Any suggestions would be most welcome.

[whirly]

lxf2442: can you let us know your exact dates, please?

1. Date you arrived in UK
2. Dates of spouse visa (valid from date - to date)

You might need to apply for FLR(M) instead of ILR. You should definitely not apply after your visa has expired - contrary to the advice you have been given, that would make you an overstayer. Make sure you send in an application before your current visa expires so that you will be covered.

Read about FLR(M) here: http://www.ukba.homeoffice.gov.uk/ukres ... pe/flr(m)/

(Edit: sorry, link appears to be broken... cut and paste into your browser.)

[lxf2442]

1. I entered UK on the 29th March 2007
2. My visa is valid from 09/03/07 till 09/03/09

[whirly]

Thanks...

I still think you'll have to apply for FLR(M) before 9 March, take the Life in the UK Test as scheduled on the 13th, and then apply for ILR after that. FLR(M) buys you some time. You won't be required to apply for ILR right away, but obviously the sooner you can get it, the better. Not cheap, but a much better alternative to overstaying.

Perhaps some other people will add their opinions.

[lxf2442]

What would you recommend, should i go in and apply by hand or will it be okay to apply via post as long as i do send all the documentation before the 9th?

also what would be my status during the application time ?

[whirly]

I'm not sure if you can get an in-person appointment that fast... i.e. tomorrow!

Postal route is probably your best option. Remember to use Special Delivery.

Your status is treated as continuing. In other words, you are still legally present in the UK on your spouse visa until you receive a decision about your FLR(M). I'm sure someone can provide a link for Section 3C protection (I believe that's what it's called.)

[Casa]

Agree 100% with whirly. If you were unlucky and failed the Life in the Uk test you would be in an even worse position. Apply for FLR(M) by post,
sending it special delivery and keep the receipt of posting. Give the reason for extension as not having passed the test.

[whirly]

lxf2442: How is your FLR(M) ap coming along? Will you be able to submit it in time?

Good luck...