Overstayed spouse visa by 26 days so far, what to do next?

[Orogenus]

I just found out today that I missed my expiry to switch from 5 year spouse route to ILR.
The spouse visa expired on 12 Oct, now it’s nearly a month from expiry and I definitely missed 14 days grace time, it’s purely my carelessness! I always had the impression that the expiry is end of this year
I am Canadian national, and my wife is settled in UK since 2013. We started our relationship back in 2014, and I applied for a “fiancé visa” to come UK and marry her in summer of 2014, and then switch to spouse visa 5 year route months later.
We have decent life and jobs in Scotland. I work as a sole trader and she is a senior engineer now, we together bought two properties in UK. We have problems producing children and are currently undergoing fertility treatment, IVF scheduled in early time of next year . Considering our age, (NHS won’t take in women over 40 in fertility treatment for their own life risks), physical condition and how hard it is to queue for fertility treatment, this’s going to be the last shot for us to have child. If I am not able to be present at the time of her surgery , end of a dream to have any kids ourselves .
I went to citizen advice and some immigration solicitors immediately, but advice I heard from them is quit confusing and even contradictory to each other
Citizen Advice helped me call the HO, and a lady from HO encouraged me to submit FLR as soon as possible, she’s very optimistic that I have good chance in securing a new 10 year route before Christmas! Some solicitors agree with this approaches, not so optimistic though as I have no child in depends, nevertheless they encouraged me to try! Some scrutinised FLR, said I have no chance doing anything within UK, but very optimistic on re applying for 5 year again from Canada and rush me to buy ticket back to Canada this weekend before overstaying more than 30 days, and claimed if using premium service I should get new 5 year route spouse in 3 to 4 weeks, before Christmas.
I’m totally confused now. If I need to go back to Canada, 100% must do, I need to be on a jet before next Tuesday! I d like to obey the rules to re apply from outside UK, but it’s impossible for me to acquire all support documents over this weekend and same time find place to live back in Canada, the country I have not visited the past five years, no more friends or house or saving in the bank.

So, should I remain here to try FLR? How much faith I should have in it? If it’s rejected how much damage the rejection will bring to my future application?
Or go back to Canada. I feel it’s safer, but how will my overstay status have impacted my application? Is it one shot dead that once overstay I will be rejected immediately and banned from entering UK for at least a year, that’s what some solicitors told me. And by the time I prepare all documents and accommodations I will be sured to overstay more than 30 days, that sounds very bad to HO
We have more than good on finance, complete and credibly proved history on living together,
I have a driving offence, disqualified for a year due to something not so dangerous and shouldn’t even been criminal if I hired a good solicitors to fight against instead of admitting easily.
Together with my overstay, that’s the only two factors made me not so good a character in eyes of HO, will them cause my application to failure?
So, overall, which chance should I take? Back to Canada immediately or keep my ground here and trust on FLR?

[geoeng]

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

https://www.citizensadvice.org.uk/immig ... ayed-visa/

The easiest route is likely returning to Canada I suspect. From the guidance linked above, it looks like there should be limited impact on future applications if you leave voluntarily within 30 days of you current leave expiring. Similarly, if any FLR application made within the UK were rejected and you left voluntarily, I suspect there would be limited impact on future applications. Many other posts here of members getting visas despite a history of overstaying, just be honest and follow all rules the best you can. Hopefully some others here can advise on the prospects of an FLR application made within the UK rather than leaving as I don't know much about those. Here is some guidance on the FLR(FP) route, you may have difficulty proving significant obstacles to integration into Canada. You'll never know unless you try, but you should keep in mind that even after making application you would probably not legally be able to work again until the visa was granted as Section 3C leave (continuation of the right to work while an application is pending) appears to only apply to applications made prior to the previous leave expiring.

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

[Orogenus]

thanks for your reply
So, basically, how long does this FLR FP thing take to reach a decision? If it’s more than 100 days I definitely prefer going back to Canada, I can’t afford shutting down my business longer than a season. Problem is, if I can’t be back into UK before next March, I’m missing our ivf treatment, that’s unrecoverable, too

[physicskate]

thanks for your reply
So, basically, how long does this FLR FP thing take to reach a decision? If it’s more than 100 days I definitely prefer going back to Canada, I can’t afford shutting down my business longer than a season. Problem is, if I can’t be back into UK before next March, I’m missing our ivf treatment, that’s unrecoverable, too

FLR (fp) can take months. Or more if there is an appeal process at the end of it.

Go back to Canada if you really have to be back by March. Having gone through IVF myself, I can cateorically tell you that if you are a private patient ,which you would have to be because of your immigration status, regardless of medical circumstances, you call the shots as to when you start a cycle. It is not at all unusual to delay for a cycle or two without any ramifications at all.

[JB007]

I just found out today that I missed my expiry to switch from 5 year spouse route to ILR.
The spouse visa expired on 12 Oct, now it’s nearly a month from expiry

We have problems producing children and are currently undergoing fertility treatment, IVF scheduled in early time of next year .

From https://assets.publishing.service.gov.u ... ations.pdf

Using the NHS bill free after paying the Immigration Health Surcharge for your visa, ended when your visa expired.

5.8 on page 36
"An individual who pays for the health surcharge is only entitled to free treatment once their application for a visa has been granted, and not from the date when the health surcharge is paid. The exemption from charges for relevant services applies to the period of leave to enter or remain in the UK granted to the person. Once that leave expires or is curtailed, the person becomes liable for charges from then on,including where the person is part-way through a course of treatment.



From the same documement, this states that the payment of the Immigration Helath Surcharge does not allow bill free IVF.

5.3 on Page 35
"Most of these groups also receive relevant services on a similar basis as an ordinarily resident person, again with the exception of assisted conception services from 21 August 2017."

[Casa]

I just found out today that I missed my expiry to switch from 5 year spouse route to ILR.
The spouse visa expired on 12 Oct, now it’s nearly a month from expiry

We have problems producing children and are currently undergoing fertility treatment, IVF scheduled in early time of next year .

From https://assets.publishing.service.gov.u ... ations.pdf

Using the NHS bill free after paying the Immigration Health Surcharge for your visa, ended when your visa expired.

5.8 on page 36
"An individual who pays for the health surcharge is only entitled to free treatment once their application for a visa has been granted, and not from the date when the health surcharge is paid. The exemption from charges for relevant services applies to the period of leave to enter or remain in the UK granted to the person. Once that leave expires or is curtailed, the person becomes liable for charges from then on,including where the person is part-way through a course of treatment.



From the same documement, this states that the payment of the Immigration Helath Surcharge does not allow bill free IVF.

5.3 on Page 35
"Most of these groups also receive relevant services on a similar basis as an ordinarily resident person, again with the exception of assisted conception services from 21 August 2017."

The OP's wife (who is undergoing IVF treatment) is settled in the UK and not under Immigration control.

[physicskate]

The OP's wife (who is undergoing IVF treatment) is settled in the UK and not under Immigration control.

In ivf, the 'patient' is the couple. There would be a cost to his side of things (sperm samples, collection, analysis etc. not sure how icsi would be considered if that's part of their treatment).

However, the op already said they are having ivf privately and not on the nhs - so everything is paid for by the patient couple. Or did he not say this?

If paying privately, which many people do with or without well paid jobs, age is less of an issue. In addition, Scotland fund three rounds on the nhs...

What I'm saying is that I think the ivf treatment is besides the point...

[JB007]

The OP's wife (who is undergoing IVF treatment) is settled in the UK and not under Immigration control.

In ivf, the 'patient' is the couple. There would be a cost to his side of things (sperm samples, collection, analysis etc. not sure how icsi would be considered if that's part of their treatment).

However, the op already said they are having ivf privately and not on the nhs - so everything is paid for by the patient couple. Or did he not say this?

I wasn't sure if they are paying privately for IVF as he said this-

We have problems producing children and are currently undergoing fertility treatment, IVF scheduled in early time of next year . Considering our age, (NHS won’t take in women over 40 in fertility treatment for their own life risks), physical condition and how hard it is to queue for fertility treatment, this’s going to be the last shot for us to have child. If I am not able to be present at the time of her surgery , end of a dream to have any kids ourselves .

Does that mean his wife is just under age 40 and this is why it is the "last shot" as they want to use the NHS?

Does privately paid IVF have an age limit?

In any event, the OP should think about buying private healthcare insurance for himself now that his visa has expired.

[physicskate]

The OP's wife (who is undergoing IVF treatment) is settled in the UK and not under Immigration control.

In ivf, the 'patient' is the couple. There would be a cost to his side of things (sperm samples, collection, analysis etc. not sure how icsi would be considered if that's part of their treatment).

However, the op already said they are having ivf privately and not on the nhs - so everything is paid for by the patient couple. Or did he not say this?

I wasn't sure if they are paying privately for IVF as he said this-

We have problems producing children and are currently undergoing fertility treatment, IVF scheduled in early time of next year . Considering our age, (NHS won’t take in women over 40 in fertility treatment for their own life risks), physical condition and how hard it is to queue for fertility treatment, this’s going to be the last shot for us to have child. If I am not able to be present at the time of her surgery , end of a dream to have any kids ourselves .

Does that mean his wife is just under age 40 and this is why it is the "last shot" as they want to use the NHS?

Does privately paid IVF have an age limit?

In any event, the OP should think about buying private healthcare insurance for himself now that his visa has expired.

In Scotland, you get one funded cycle between ages 40-42, so not sure where the op thinks the age limit is 40 in Scotland? There are not such strict age limits if funding privately. I have heard of many women in their late 40s doing ivf (although most would be using donor eggs at that age). Even so, this does not apply to the partner that pays the IHS, as their 'portion' (although not sure how it is portioned as in ivf the couple is treated, not the individual) of treatment must be paid for.

[Orogenus]

Yes we are in Scotland and we are enjoying the 3 attempts of NHS funded IVF. It’s sort of lucky that the last treatment was conducted before my visa’s expiry. I have decided to pay privately to froze my sample before leaving for Canada, in case I can’t have my stay in UK reinstated before her next treatment, but that postpone my departure from UK for another week, and so effectively I am going to breach the 30 days to-leaving requirement .

I got another problem now.I had a traffic offence 2 years ago, and had my license disqualified for a year. The charges is “ careless driving”, for a stupid thing I done: using emergency line to skip traffic congestion on motorway. Strangely I have no code on my license so I don’t know if I was really convicted . I did admit on court without arguing, and I don’t intend to hide it on my new application , but will I be rejected purely for this offence? Other than this traffic offence and overstaying, we have bulletproof records of good finance and history of being together .