Urgent! ILR SET (M) APPLICATION ACCIDENTAL OVERSTAY

[Jmichellep]

Hi all! I need some advice as soon as possible please. I applied for ILR by submitting my set (m) application and paid the fee on 12 December 2018, however, as I was filling out the application I noticed that my leave had expired on the 10th of December 2018. The reason for the overstay is stupid, really. When I previously glanced at my BRP, due to a scratch on the card, I mistook the 0 in 10 for an 8 and thought that I had until the 18th to submit my application. I have booked the appointment to submit my documents for the 22nd of December, so my application and fee were 2 days late and my documents will be 12 days late. Should I proceed with my set (m) application? Do I need to make an FLR (FP) application? What would you guess the odds would be of the HO overlooking the accidental overstay? Will the fact that I have lived here for 5 years legally and with a clean record, the fact that I have two British children, 3 and 7, the eldest of whom is in shool here, and the fact that I am not currently employed so I wasn't working illegally work in my favour? I would really appreciate some advice as I'm incredibly stressed about this, and all due to my own stupid mistake.

[aman90]

Read the guidance for this scenario.
I think it’s 14 days but with good reason.
A covering letter detailing the reason or if it’s in the application somewhere..
hopefully it should work out!

[Jmichellep]

Thanks! You're right, it is within 14 days with a very good reason. My concern is that my reason isn't very good. And, if my application is rejected, I don't know what course of action would be available to me.

[CR001]

A good reason is one that is exceptional and compassionate beyond the applicants control, i.e. serious illness, hospital stay, accident, family related death or illness etc. where supporting evidence and a cohesive letter would be submitted.

If your ILR fails as it is an out of time application, you will likely be asked to pay IHS and be issued a FLR(FP) Partner 2.5 year visa, possibly on the 10 year path to ILR.

[Jmichellep]

Would I have to make a separate FLR (FP) application upon receiving ILR rejection? Would I have to leave the UK to apply for FLR (FP)?

Could I go ahead and withdraw my SET (M) application and submit an FLR (FP) application instead?

[Jmichellep]

Also, is extant leave now required for SET (M)? If so, when did that happen? I can't seem to find the info from a Google search.

[vinny]

E-ILRP.1.5A.

In calculating the periods under paragraph E-ILRP.1.3., any current period of overstaying will be disregarded where paragraph 39E of these Rules applies. Any previous period of overstaying between periods of leave will also be disregarded where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

[aman90]

Have you thought abt going with what you have instead of varying or withdrawing right now.. maybe you get a kind caseworker who does take into consideration that you made a genuine mistake..What’s the worst case scenario?

[Icytrixx111]

Any news yet regarding your application. I'm in the same situation