IRL overstayed and refused

[Systemerror]

I’ve been in the uk since 2014 on a spouse visa for ILR route. I successfully renewed once but last year when it was time to renew again, my spouse was unemployed and we waited until too long after my visa expired to apply for IRL. I was thus refused and now given 30 months limited leave as I have kids here.

Does anyone know what I can do to get back on track for IRL? Do I have to apply again from the beginning?

I’m desperate and scared. I don’t know what to do. I have to pay £1000 for the limited leave now.

I would appreciate if any learned person here could give me some advice.

Thanks.

[Tottenham1]

You shouldn’t applied for ILR in first place as unfortunately you have paid more than you should paid the in the frist place. My question to you it’s what the grant letter saying on top which route the have placed you one they had they asked to pay the healthcare surcharge.

[zimba]

I’ve been in the uk since 2014 on a spouse visa for ILR route. I successfully renewed once but last year when it was time to renew again, my spouse was unemployed and we waited until too long after my visa expired to apply for IRL. I was thus refused and now given 30 months limited leave as I have kids here.

Does anyone know what I can do to get back on track for IRL? Do I have to apply again from the beginning?

I’m desperate and scared. I don’t know what to do. I have to pay £1000 for the limited leave now.

I would appreciate if any learned person here could give me some advice.

Thanks.

They will put you under the 10-year route meaning it takes 10 years for ILR as your continuous residence is now broken and have to start from scratch. Have you been granted leave or are they saying what provisions they are putting you under?

[Systemerror]

I applied for leave to remain via spouse route in 2014 and renewed in 2016. Then applied for ILR last year but overstayed i.e. applied too late. Home office sent me a letter of refusal and changing application to limited leave to remain upon paying the health surcharge, family route on account of my children live in the uk.

Can I switch back to apply for visa as spouse and get ILR?

[zimba]

I applied for leave to remain via spouse route in 2014 and renewed in 2016. Then applied for ILR last year but overstayed i.e. applied too late. Home office sent me a letter of refusal and changing application to limited leave to remain upon paying the health surcharge, family route on account of my children live in the uk.

Can I switch back to apply for visa as spouse and get ILR?

Your ILR clock has been reset. If you are under 10-year route, you need 10 years. Otherwise you must switch to 5 years via FLR(M) and apply for ILR in 5 years

[Systemerror]

Thanks for the replies. What’s the FLR(m)? And do I apply for that after my leave to remain expires in 30 months, followed by another 30 months, then apply for ILR?

Again, thanks. I appreciate your help.

[zimba]

Thanks for the replies. What’s the FLR(m)? And do I apply for that after my leave to remain expires in 30 months, followed by another 30 months, then apply for ILR?

Again, thanks. I appreciate your help.

It is family visa route based on 5 years. It has income requirement. You can switch anytime
https://visas-immigration.service.gov.u ... ily-routes

[Systemerror]

Hi, zimba

if i switch mid way since holding my present visa eg 1 year, does the 5 year route include the time i had this visa (i.e. 1 year) or is it another extra 5 years? i.e. ILR can only be applied for once having held the appropriate same visa type for the required years?

appreciate your help

[CR001]

Hi, zimba

if i switch mid way since holding my present visa eg 1 year, does the 5 year route include the time i had this visa (i.e. 1 year) or is it another extra 5 years? i.e. ILR can only be applied for once having held the appropriate same visa type for the required years?

appreciate your help

If you switch to the 5 year route, your clock resets and it will be a new 5 year route (2 x 2.5 year visas) before you can apply for ILR. So yes, you must hold the relevant visa category to qualify for ILR after 5 years on the specific visa category.

Or if you reach 10 years legal residence (likely 2024, 10 years from date of entry to the UK), you can apply for ILR based on 10 years long residence if you meet all the requirements.

[Route to ILR]

Hi, zimba

if i switch mid way since holding my present visa eg 1 year, does the 5 year route include the time i had this visa (i.e. 1 year) or is it another extra 5 years? i.e. ILR can only be applied for once having held the appropriate same visa type for the required years?

appreciate your help

If you switch to the 5 year route, your clock resets and it will be a new 5 year route (2 x 2.5 year visas) before you can apply for ILR. So yes, you must hold the relevant visa category to qualify for ILR after 5 years on the specific visa category.

Or if you reach 10 years legal residence (likely 2024, 10 years from date of entry to the UK), you can apply for ILR based on 10 years long residence if you meet all the requirements.

She cant qualify for 10 years Long residence ILR as she overstayed her previous visa. So her legal continuity broke.

[Systemerror]

Hi, zimba

if i switch mid way since holding my present visa eg 1 year, does the 5 year route include the time i had this visa (i.e. 1 year) or is it another extra 5 years? i.e. ILR can only be applied for once having held the appropriate same visa type for the required years?

appreciate your help

If you switch to the 5 year route, your clock resets and it will be a new 5 year route (2 x 2.5 year visas) before you can apply for ILR. So yes, you must hold the relevant visa category to qualify for ILR after 5 years on the specific visa category.

Or if you reach 10 years legal residence (likely 2024, 10 years from date of entry to the UK), you can apply for ILR based on 10 years long residence if you meet all the requirements.

She cant qualify for 10 years Long residence ILR as she overstayed her previous visa. So her legal continuity broke.

Not even if the timer is reset? So starting from now, 10 years later I still can’t qualify?

I am technically still eligible for a spouse visa am I not? And could after 5 years on such visa get ILR?

Still confused now.

[CR001]

Not even if the timer is reset? So starting from now, 10 years later I still can’t qualify?

You need 10 years on the FLR(FP) 10 year route route OR 5 years on the 5 year route if you switch to the 5 year route OR 10 years on any route that you had 10 years of legal stay, which would now only count from the date of your current visa or visa offered that is approved. Your clock for any route to ILR is reset to zero due to overstaying.

I am technically still eligible for a spouse visa am I not?

Yes, this would mean switching to the FLR(M) spouse visa 5 year route.

And could after 5 years on such visa get ILR?

Yes, once you have held FLR(M) spouse visa for 5 years, ie if you switch to 5 year route, it will be another 2 x 2.5 year visas first before ILR.

Why did you not apply for a visa extension before your last spouse visa expired?? You would have qualified for FLR(FP) if you did not meet the financial requirements.

The overstay will now also be an issue in the future if you aim to apply for British citizenhip.

[Systemerror]

It was completely my fault. Uneducated and not found this forum sooner. It’s so difficult finding the information in those rules and so confusing.

What’s FLR(fp)?

Oh, god. I feel terrible. It feels like the insides have been ripped out from me.

[CR001]

All the information is freely available on the UKVI website.

https://www.gov.uk/uk-family-visa/partner-spouse

FLR(FP) is when you don't meet the requirements for a normal spouse visa on FLR(M), such as the English and/or financial requirements.

This is the route you have likely been offered now based on your children.

[Systemerror]

Is ‘switching’ over to a different visa any different to making a new visa application? I mean, is there a different form or application to fill in or is it simply making another application for a different visa?

Also, if I’ve paid for the health surcharge on my visa already, does it mean I have to pay it again on the newly applied for visa?

[CR001]

Is ‘switching’ over to a different visa any different to making a new visa application? I mean, is there a different form or application to fill in or is it simply making another application for a different visa?

Also, if I’ve paid for the health surcharge on my visa already, does it mean I have to pay it again on the newly applied for visa?

You apply on the relevant form, as indicated in the link I provided above.

You will have to pay IHS and visa fee again. IHS increases in October from £400 per year to £625 per year.