18 months gap for over stayer FLR 5 or 10 year route application

[uzair830]

Hi admins and moderaters and helpers. It's been a long while since 2009 that I use this website again and find it happy that this website still alive and still helping people with their immigration issues.

I lived in the UK now for 15 years and after 10 years spent in UK I had applied for ILR which was refused and made me to go in court and explained my exceptional circumstances and get my ILR. in meantime my wife dependent visa got refused on basis of me not having any visa.


My wife immigration history:
Before her leave expires, on Feb 2017 My wife made an application under tier1 pbs dependent under me as sponsor but was refuse in August 2017 because of sponsor (me) didn't had any visa. Now I have indefinite leave to remain and my daughter have British citizenship and British passport. My wife has bail and going regularly to enforcement office for signing every month.


I want to seek advice for my wife that we have been invited through home office correspondence letter to make fresh applications But I have few questions.

1. If we submit new application for my wife whether it will get refuse on the basis of gap build up in her immigration history because of me as sponsor not having visa at that moment (my application appeal was allowed later in court in Oct 2018 and home office had wrong information to refuse my ILR)

2. Can we go for FLR 5 year route. As I have 3 months payslips working accordingly to cover threshold £18600 and £16000 cash savings. Or my wife would be on 10 year route because of overstay period in her immigration history.

3. Do we have a right to use section 120 under immigration rules to argue my wife's old immigration case, where untill now we have not been served a refusal letter from home office on my wife application. And if so we go under judicial review and argue this matter, would it worth it?

4. Even if we submit new application where we disregard my wife four years life spent in UK. And by making fresh application we establish over stay period in her immigration history and When we will apply for British citizenship in future, whether my wife British citizenship application will get refuse on the basis of deception and being not honest for overstaying in country?


Please help and reply ASAP

[CR001]

1. If we submit new application for my wife whether it will get refuse on the basis of gap build up in her immigration history because of me as sponsor not having visa at that moment (my application appeal was allowed later in court in Oct 2018 and home office had wrong information to refuse my ILR)

No one can tell you whether it will be successful or not.

2. Can we go for FLR 5 year route. As I have 3 months payslips working accordingly to cover threshold £18600 and £16000 cash savings. Or my wife would be on 10 year route because of overstay period in her immigration history.

Yes, if you have 6 months minimum evidence of payslips and bank statements. Your savings are likely not sufficient as the first £16k is usually not counted. It is the 10 year route if you do not meet the financial requirement.

3. Do we have a right to use section 120 under immigration rules to argue my wife's old immigration case, where untill now we have not been served a refusal letter from home office on my wife application. And if so we go under judicial review and argue this matter, would it worth it?

She cannot apply for PBS Dependent if you got ILR based on Long Residence. Her only option is to change to FLR(M) or FLR(FP).

4. Even if we submit new application where we disregard my wife four years life spent in UK. And by making fresh application we establish over stay period in her immigration history and When we will apply for British citizenship in future, whether my wife British citizenship application will get refuse on the basis of deception and being not honest for overstaying in country?

She will start the residence for ILR again from scratch and a new 5 or 10 year route to ILR. The overstay might be an issue in the future for citizenship.

[uzair830]

@CR001 thanks for replying

Can I please ask you that how much cash savings is satisfactory for under 5 year spouse route?

And what issue it can be in future for British citizenship as overstayer. And how long it can delayed for and what period they look for qualify. Is it ten year or 15 year immigration history?

[CR001]

Can I please ask you that how much cash savings is satisfactory for under 5 year spouse route?

It depends on what your income is.

And what issue it can be in future for British citizenship as overstayer. And how long it can delayed for and what period they look for qualify. Is it ten year or 15 year immigration history?

10 years of no immigration breaches.

[uzair830]

@CR001 Thanks for replying

I have income going on to cover £18600 - £19000 since 31 January 2019 and cash savings of £30000. Please tell me would this be satisfactory or what cash savings I should have according to my recent income?

[uzair830]

Hi. To be more explanatory. I have done so far 447.50 hours since 31 January 2019 and got salary of total £3504. And I have cash savings of £30000. Please tell me would it be satisfactory or how much more cash savings I would need to qualify for 5 years route.

Please help and reply.