My Spousal Visa Expired! Has anyone experienced this? Help.

AnnieHall · Post by **AnnieHall** » Thu Sep 21, 2006 2:10 am

Hello...

I'm an American woman...married to a British citizen. I moved here in July of 2003 and married in October of 2003 (after an engagement of two years and travelling back and forth). Two things happened...first, I (mistakenly) thought I would have to be MARRIED for THREE years to get ILTR....so I had not even bothered to look at my passport. Secondly, when I did read my passport, I read it the American way...with the MONTH first and the date second...I thought I had until DECEMBER for my visa to expire...but it expired in February....!

So, I was wondering....what happens to me now? Can I still work? Am I illegal? Can I get deported? Can I still apply for naturalization (if this gets straightened out)? (Not sure how long I can be here before doing that---anyone know?)

The idea of going through the whole thing again for another TWO years because of a misunderstanding...is really upsetting to me at this point. I have contacted one of those barristers who work with visa problems---but they are charging a huge amount of money PLUS the same amount for the ILTR on top of that.

Does anyone know if this will be a routine sort of thing that can be sorted out? Or is it serious...? I am having to find all the documentation to support the fact that I have lived with my husband since our wedding. I read that one needs only about ten documents per year....but the person I talked to at that visa help office (a private organization) said that I would need as many papers as I could come up with! I don't have many things in my name---just a joint bank account with my husband and another bank account in the States whose statements are sent to my house. Do personal letters attesting to your residence/address hold any status?

Is this something I can do on my own---or do I really need a legal service to sort this out? If so....can you recommend one that has integrity?

I'm really nervous about all this....and upset with myself for misreading my passport----I could already (possibly) be enjoying ILTR....

Thank you in advance for any information you may have regarding this....I really am grateful for this forum......

Annie

Post by **John** » Thu Sep 21, 2006 7:31 am

Can I still work? Am I illegal?

No! Yes!

I think you need professional help concerning this. You might like to click on the workpermit.com log in the top-left of the screen. But do accept that their advice might be .... go back to the US and apply for a further 2-year spouse visa there. At the very least that would certainly be a quicker solution to your problem.

americanlady · Post by **americanlady** » Mon Oct 02, 2006 10:58 pm

I've been married for over two years and have overstayed my spouse visa as well. I am going back to America in November for Thanksgiving but will only be there a week- not long enough to apply for a spouse visa by post and not in the right part of the country to apply in person. When I travel back to the UK will I be allowed in? Also I just travelled two weeks ago and because my spouse visa had only been expired a month and I didn't even know it they put me on a two month probation here. I was advised to go ahead and apply by post for set (M) but 1) will I just be wasting my money because my spousal visa has expired and 2) will I be wasting my money because I have to fly to America in 7 weeks and need my passport back?

americanlady · Post by **americanlady** » Thu Oct 05, 2006 10:52 am

I just went to Birmingham in person and they granted me ILTR, no problem even with it being expired. But make sure to be apologetic, bring your husband, dress nicely, and bring as many documents as possible.

Post by **John** » Thu Oct 05, 2006 11:06 am

Congratulations on the ILR. But can I ask, how long expired was your 2-year spouse visa? That is, how long between the expiry date of the 2-year spouse visa and the grant of the ILR?

jjustyy · Post by **jjustyy** » Thu Oct 05, 2006 10:47 pm

John wrote:Congratulations on the ILR. But can I ask, how long expired was your 2-year spouse visa? That is, how long between the expiry date of the 2-year spouse visa and the grant of the ILR?

Going by the opening post, the visa expired in February, so a gap of 7 months! You are one lucky lady Annie, well done

I have to say, having been with my wife to the Solihull PEO quite a few times, I've found they have a good service there.

olisun · Post by **olisun** » Fri Oct 06, 2006 10:11 am

jjustyy wrote:
John wrote:Congratulations on the ILR. But can I ask, how long expired was your 2-year spouse visa? That is, how long between the expiry date of the 2-year spouse visa and the grant of the ILR?
Going by the opening post, the visa expired in February, so a gap of 7 months! You are one lucky lady Annie, well done

I have to say, having been with my wife to the Solihull PEO quite a few times, I've found they have a good service there.

Wrong the poster who got ILR is not the OP but "americanlady"

americanlady · Post by **americanlady** » Fri Oct 06, 2006 4:38 pm

only 2 months late- maybe thats why it wasn't a problem? i heard someone say that up to 6 months out and you are fine

Rover8098 · Post by **Rover8098** » Sun Oct 08, 2006 4:52 pm

Hey Americanlady,

I'm applying for my ILR in a few days at the Croydon PEO. You said in your post that you didn't have many things with your and your husband's name's on them - I'm in a similar situation whereby my wife and I have don't have many documents in joint names (we just have things like council tax bills, rent agreement and home insurance in joint names). We have several documents (official and unofficial) that are addressed to us individually but sent to our home address. Did the case worker have an issue with you not providing the required 10 documents in joint names? Anything else you can advise regarding the application? Already taken your comment about 'dress nicely and take spouse' on board - any others?
Congratulations on getting your ILR - I can't wait to get mine!!

jjustyy · Post by **jjustyy** » Sun Oct 08, 2006 11:03 pm

olisun wrote:
jjustyy wrote:
John wrote:Congratulations on the ILR. But can I ask, how long expired was your 2-year spouse visa? That is, how long between the expiry date of the 2-year spouse visa and the grant of the ILR?
Going by the opening post, the visa expired in February, so a gap of 7 months! You are one lucky lady Annie, well done

I have to say, having been with my wife to the Solihull PEO quite a few times, I've found they have a good service there.
Wrong the poster who got ILR is not the OP but "americanlady"

D'oh I see

americanlady · Post by **americanlady** » Tue Oct 10, 2006 4:00 pm

We had a few documents that were in both of our names and some in just mine or just his. I saw the official document the guy was working off of and he needed between 4-6 official documents for each year (and/or each residence ) in both your names or 4-6 in yours and 4-6 in hers with the same address. For example- we were married in August 2004 so they needed 4 documents from 2004, 5 document from 2005 and 6 documents from 2006. also they needed at least one piece of evidence from each address we lived at showing either both of our names jointly or separately 2 pieces of mail but both with the same address ( however they only count as one together). They have to tick off a sheet of paper counting how many are in your name and how many are in your spouses. We actually came a bit short with the first year but because we had evidence of a joint checking account then and because we had about 20 more documents from this past year, he granted it anyway. My extra advice would be to take every single extra document you might have and keep it in an additional folder, not in the application, so if they say they're short on anything you can keep pulling out an excess of info on you- even if it isn't exactly on the point they are looking for- anything extra helps! This is only if you're applying in person however. If you're applying by post- you have to be more prepared and write cover letters explaining everything I have been told.

Rover8098 · Post by **Rover8098** » Fri Oct 13, 2006 12:33 am

Hey, thanks. Got my ILR with absolutely no issues. I'd just like to say how impressed I was with the efficient manner in which I was dealt with at the Croydon PEO. My appointment was for 9am, I arrived at 830am and was out of there with my passport stamped with my ILR by 1115am (with an hour spent in the shopping centre opposite in between!!) I would truly reccomend anyone applying for an ILR (or any other non-complex application) to pay the extra money and apply in person -it's worth it and it happens quickly, and in front of you.
I was also shocked at how little the case worker wanted to see - my wife and I took loads of documents for the past 2 years, but he only saw the 1st year's documents and said he was happy with what he saw (didn't even want to see anything for the last 12 months!) and granted my application. I guess when my wife and I are together, it's really easy to see that we are genuine and love each other

I'm so glad it's all over and I never have to go through it all over again. Just like to say that this site has been really helpful as I got some good tips by reading other people's posts - thanks everyone.

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My Spousal Visa Expired! Has anyone experienced this? Help.

My Spousal Visa Expired! Has anyone experienced this? Help.

me too

2 months out

Thanks