ILR Application with expired 2 year spousal visa

[Howard72]

Looking for any advice that may be out there....

My wife and I have been living in the UK since May 2008. Previously we had lived in Cuba where I was working and we were married since Feb 2004 prior applying for the initial UK visa in Apr 2008. At the time the embassy told us there were no issues and that my wife had the automatic right to permanent residence because we had been married and living together in excess of the 4 years already outside the UK.

We have just looked at the visa originally issued and realised that it was issued only for 2 years and therefore expired 8 months ago.

Since realising, my wife immediately took the Life in UK test and sent in a SET M application however the border agency did say by telephone that strictly speaking my wife should leave the UK and reapply for a spousal visa. This would be financial suicide for us as the costs would be much higher than we can afford and my wife would have to give up her employment. We also have a 5 year old daughter here in the UK.

I have put this in a cover letter with the SET M application and the fee has been taken from my account - I am just hoping they accept and grant the ILR.

My question is does anyone have experience of something similiar and is there anything else we should be doing?

Thanks in advance.

[vinny]

See also spouse visa overstayed

[Howard72]

Thought I would update this post following outcome.

ILR received in post yesterday, only about 1 month waiting time in total and the Christmas period was within that.

So on this occassion at least it seems 8 months late application is acceptable - I hope this gives some encouragement to anyone else in a similiar position.

[xyz123]

Thought I would update this post following outcome.

ILR received in post yesterday, only about 1 month waiting time in total and the Christmas period was within that.

So on this occassion at least it seems 8 months late application is acceptable - I hope this gives some encouragement to anyone else in a similiar position.

good for you and your family. however this just demonstrates that UK govt has absolutely no idea as to what to do with immigration. rules are so vague that home office can interpret them in however it suits them to make their own decisions. at the end of the day your wife overstayed and if rules are enforced she must leave the country. am not saying its your fault that she got ILR.

[Greenie]

Thought I would update this post following outcome.

ILR received in post yesterday, only about 1 month waiting time in total and the Christmas period was within that.

So on this occassion at least it seems 8 months late application is acceptable - I hope this gives some encouragement to anyone else in a similiar position.

good for you and your family. however this just demonstrates that UK govt has absolutely no idea as to what to do with immigration. rules are so vague that home office can interpret them in however it suits them to make their own decisions. at the end of the day your wife overstayed and if rules are enforced she must leave the country. am not saying its your fault that she got ILR.

i disagree. The rules require that the applicant has ' completed' two years as the spouse/partner of the settled person. They dont require an in time application.