Applying for IDL in the UK on overstayed 2 yr partners visa

[Wsveidemanis]

If anyone has experienced this before I would greatly appreciate your insight.

I have stupidly Applied for my indefinite leave to remain visa 4 days after my 2 year married partners visa expired. If you can refrain from telling me how stupid I am I would appreciate it as I am near tears at the moment.

I have included a covering letter with my application explaining it was a genuine mistake and informed them I am the main wage earner supporting a british wife and my British daughter and how it would ruin our lives in the UK if I was forced to leave.

Can anyone tell me if they have been in a similiar situation and what the outcome was with the UKBA?

I have spoken to someone from UKBA and they told me its 50/50 and I should hope I get a case worker in a good mood who will give me a discretionary visa.

I welcome any stories people may have had good or bad just so I know my chances. And if it was a bad outcome if they could tell me how/if they were able to come back to the UK.

Thanks in advance.

[geriatrix]

I have stupidly Applied for my indefinite leave to remain visa 4 days after my 2 year married partners visa expired. If you can refrain from telling me how stupid I am I would appreciate it as I am near tears at the moment.

I have included a covering letter with my application explaining it was a genuine mistake and informed them I am the main wage earner supporting a british wife and my British daughter and how it would ruin our lives in the UK if I was forced to leave.

SET(M) (288) does not require "valid leave" at the time of application.

[Wsveidemanis]

I am sorry, can you explain that a bit for me please? I have read that article but could not find anything about overstayed visa's.

Thanks in advance.

[Greenie]

I am sorry, can you explain that a bit for me please? I have read that article but could not find anything about overstayed visa's.

Thanks in advance.

the last article explains exactly about overstayers - click on the words 'does not' in Sushdmehta's post

see also a similar situation

[Casa]

It means that you stand a high chance of being granted ILR ..as long as your application complies with the requirements for SET(M). The UKBA are fully aware that if this were to be refused you would win in an appeal court...especially as you have a child. The case worker will use their discretion, but this should go in your favour.

[Wsveidemanis]

My sincere apologies, I clicked on the first two links but I have now read 'does not' and that makes me slightly more optimistic. Once again I thank you for your help.

If I could ask one more question, should I be working while I await to hear about my application? I spoke to two people at the UKBA and one said yes and one said no!

[Greenie]

My sincere apologies, I clicked on the first two links but I have now read 'does not' and that makes me slightly more optimistic. Once again I thank you for your help.

If I could ask one more question, should I be working while I await to hear about my application? I spoke to two people at the UKBA and one said yes and one said no!

UKBA were wrong about the 50/50 thing and wrong that the caseworker has to exercise discretion - he does not - if you meet the rules you should be granted ILR regardless of your overstay.

However they are correct that you cannot work - as you no longer have current leave to remain.

[Wsveidemanis]

Just a note on application times, I sent my application on November 9th and I got a letter today (nov 15) saying they are starting to process it.

Hopefully I get good news soon.