ILR application

[Dave Dean]

Hello. I need some help. I’ve lived legally in the UK for 13 years and I was on a flr p visa until recently and the flr has expired a few days ago before I could apply for ILR. I have all the requirements for an ILR application however my concern is my current visa has just expired. I’ve never overstayed and the only reason I couldn’t send my application on time 2 weeks ago is because of the money.
Can I still send an ILR application? What are my chances? Could I face deportation? I have a child in the uk. Please give me some advice as this is troubling me. I’ve had to stop working to not breach any laws. Please advise. Thank you.

[zimba]

Have you completed 10 years of lawful residence in the UK ? Are you applying under the long residence ?

[Dave Dean]

Yes I have completed 10 years legally in the uk and applying for the ILR under long residence.

[zimba]

If you apply within 14 days of visa expiry, paragraph 39E should apply. Otherwise your lawful residence will be broken

[Dave Dean]

So if I apply after those 14 days of overstaying, the 12years that I have spent legally in the uk will be disregarded ?

[Ticktack]

So if I apply after those 14 days of overstaying, the 12years that I have spent legally in the uk will be disregarded ?

Are you hoping for an indefinite time after visa expiration? 14 days is actually a grace period. I know it was the finances, but you knew it was a delicate issue.

Not sure is the HO would care if you've previously spent 35 years.

[Dave Dean]

Would they disregard the fact that I have a British child?

[zimba]

It will be a ground for refusal of your ILR application:

Any applicant who is applying for leave to remain must not have remained in the UK after the expiry of their original grant of leave, on the date of their application. Remaining in the UK after leave has expired is commonly known as overstaying. The Immigration Rules were amended with effect from 24 November 2016 to abolish the 28 day grace period, under which applications for leave to remain were not refused on the basis of overstaying if made within 28 days of the expiry of leave.

The Immigration Rules now provide for current overstaying to be disregarded in a limited number of scenarios but otherwise it is now a ground for refusal. First, overstaying will be disregarded if the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why it could not be made in time, provided that the application is made within 14 days of the expiry of leave.

https://assets.publishing.service.gov.u ... s-v8.0.pdf

You may be forced to regularise your stay again (new visa) and then apply for long residence.

[Dave Dean]

I have until midnight today for the 14days grace period to expire. What would happen after that? I’m extremely stressed

[zimba]

I have until midnight today for the 14days grace period to expire. What would happen after that? I’m extremely stressed

You have come here to seek advice after becoming an overstayer rather than seeking advice early
I already explained above what you should expect. Have you looked into getting a fee waiver ??
see: https://www.gov.uk/visa-fee-waiver-in-uk

[Dave Dean]

I had a medical condition which incapacitated me for sorting my application on time. Can I submit the fee waiver together with an application or a fee waiver has to sent first as a separate application?
And will that count ? I’m sorry I’m asking many questions.

[zimba]

Read the link I posted You claimed above it was due to money issues and now you are changing your story.
You also do not seem to read anything I post here

[Dave Dean]

The medical condition incapacitated me so I was unable to resolve the money issue until late. Thanks for the links. I’ve just had a look. It appears I have to send a fee waiver application and await their decision before sending any other application. If I understand clearly. Thanks for taking your time to reply.

[Dave Dean]

Hello. Can someone help me understand something.
Im trying to apply for ILR based on being in the UK continuously for the past 11years. Have always had leave to remain. My only concern is in 2016 I made an application for further leave to remain but they answered me saying there was a part on the application that was not completed and they sent that part to complete and did complete it and posted it for next day delivery. I still have the evidence of paying the next day delivery on my bank statement. However in March 2017 I received a correspondence from the HO saying that I was asked to send the missing part of the application but apparently I never it and for that reason they refused my application and said I was liable for removal within 28days and that I could appeal this. I sent a new FLR(O) application and it was later approved. But my issue is considering they said that they never received the missing part of the application, would that mean I’ve not been in UK legally continuously for 10ears? Can that payment I made at the post be used as evidence? Please help. Thank you

[zimba]

You claimed in May that you your visa has expired, rendering you an overstayer. Now you are claiming you always had valid leave and have been continuously and lawfully resident here. What is your current status ??

[Dave Dean]

I have an application currently being processed by HO as parent of British child, so it falls under human rights. If you read my previous post, I’m saying that I’ve always had a Leave to remain for the past 12years until this year. My specific was regarding a mistake that I believe was made by ho in 2016. Could you please look at it and let me know what you think. Thank you!

[zimba]

For now, you need to regularise your stay first. You are an overstayer