Expired Spouse visa whilst on holidays!

[jimmy2times]

Hi All,

First time on this forum but I am in desperate need of advice. My situation is this. I met and married my wife oversea, in 2009 she joined me in the UK and we have been living together ever since, 30 months. We now have an 18 month old daughter. Four weeks ago we went on holiday, neither if us noticed her 2 year spouse visa had expired, as a result my wife was left stranded at the holiday airport on our return with my daughter(daughter has UK passport but for obvious reasons she stayed with mum). On arrival back to the UK the next day I bought immediate flights for both of them back to her country, where she is now staying in temporary accommodation with relatives and has been doing so now for more than 3 weeks. So far no one in the UK or my wifes country, be it the UK Border control, the foreign office, British Embassy in my wifes country and even my local MP can tell us what forms to fill out to apply for entry clearance back to the UK. I have instructed a immigration barrister in the UK to urgently sort this out but and so far in 3 weeks has done little to convince me he knows whats he's doing.

Can anyone please point me in the right direction to get my wifes application done. I am desperate to have my wife and child back home and would hate for this to linger for months.

Thank you guys

[Lucapooka]

She needs to return to her country and make another application for a spouse settlement visa.

[jimmy2times]

She needs to return to her country and make another application for a spouse settlement visa.

Thank you so much for your reply, will this be another 2 year settlement visa, an extension to last visa or an ILR one. 3 different sources have stated all 3 as possible solutions.

[Lucapooka]

It will be a standard 27 month visa that is issued to her but I can't see any reason why she can't apply for ILR immediately after she enters the UK if she has already made 24 months as your partner in a category of leave that leads to settlement.

[jimmy2times]

It will be a standard 27 month visa that is issued to her but I can't see any reason why she can't apply for ILR immediately after she enters the UK if she has already made 24 months as your partner in a category of leave that leads to settlement.

Thank you so much, her last spouse visa look 1 week to get, so our circumstance are quite straight forward, I am kicking myself I paid such a large up front free to a barrister via an agent to deal with this when my wife could have applied by weeks go, we just didn't know which forms applied now as she over stayed her first visa. Thank you for help.

[jimmy2times]

It will be a standard 27 month visa that is issued to her but I can't see any reason why she can't apply for ILR immediately after she enters the UK if she has already made 24 months as your partner in a category of leave that leads to settlement.

Thank you so much, her last spouse visa look 1 week to get, so our circumstance are quite straight forward, I am kicking myself I paid such a large up front free to a barrister via an agent to deal with this when my wife could have applied by weeks go, we just didn't know which forms applied now as she over stayed her first visa. Thank you for help.

We have complete the application but one issue is the new requirement in 2010 is the English language test. Does my wifes qualify with her original university diploma we used in her 2009 application or does she now need to sit a new test, this is worrying and could lead to being rejected. thanks in advance.