UK Spouse Visa - Big mistake made

[Matt12345]

Hi all,

I know we've made a big mistake here but just looking for advice on what the next step should be to try salvage the situation.

My wife (US citizen) moved here on a spouse visa in 2018. We renewed her visa with no problems and we now need to renew again or apply for Indenfinite leave to remain.

The big issue we have is that her latest visa expired on the 19th Feb and we haven't submitted an application - our 13 month old had been unwell (not hospitalised or anything) but this took our focus. I understand there is a 14 day grace period for exceptional circumstances, which may apply but I'm not holding my breath.

When we have gone to make the application we now see that a Life in the UK test is required and for my wife to book, pass and get the required paperwork from this in time to still be within the 14 day grace period seems unlikely - Is it possible to submit the application without this then add it in at a later date?

To make things even worse another issue we have is that I got made redundant in February last year and spent most of the year living off savings and doing some work self-employed that paid very little. I started a new job in December earning 26k, which meets the requirements however I don't have 6 months payslips obviously and my total earnings over the last 12 months won't meet the £18,600.

We are extremely stressed and my wife is terrified of the possibility of being deported and being taken away from our child (for reference he was born in the UK in 2023 and has UK citizenship) I've told her that surely they won't be able to take a mother away from her child but I am very worried too. Any advice or reassurance would be greatly appreciated.

[Casa]

You may need to submit a FLR(FP) - partner route application rather than FLR(M). The disadvantage would be that this will put your wife onto a new 10 year path to settlement (ILR), but it would mean that it would legalise her stay in the UK.

https://www.gov.uk/government/publicati ... form-flrfp

https://assets.publishing.service.gov.u ... tances.pdf

Others may advise further.

[Ticktack]

It's clearly a very expensive mistake made here. I concur that FLR(FP) would be the way to go. FLR(M) cannot be met because of the salary requirements. A gamble would/could be to apply for FLR(M) and if she doesn't qualify which is as clear as day, they automatically switch her to FLR(FP) and the decision letter would depict this.

It hurts when you get to the supposed finished line and this happens.

LITUK could have been done many moons/years back, as it doesn't expire. I reckon the no job factor could still have been a problem though! It's just a series of unfortunate circumstances.

[AmazonianX]

Hi all,

I know we've made a big mistake here but just looking for advice on what the next step should be to try salvage the situation.

My wife (US citizen) moved here on a spouse visa in 2018. We renewed her visa with no problems and we now need to renew again or apply for Indenfinite leave to remain.

The big issue we have is that her latest visa expired on the 19th Feb and we haven't submitted an application - our 13 month old had been unwell (not hospitalised or anything) but this took our focus. I understand there is a 14 day grace period for exceptional circumstances, which may apply but I'm not holding my breath.

When we have gone to make the application we now see that a Life in the UK test is required and for my wife to book, pass and get the required paperwork from this in time to still be within the 14 day grace period seems unlikely - Is it possible to submit the application without this then add it in at a later date?

To make things even worse another issue we have is that I got made redundant in February last year and spent most of the year living off savings and doing some work self-employed that paid very little. I started a new job in December earning 26k, which meets the requirements however I don't have 6 months payslips obviously and my total earnings over the last 12 months won't meet the £18,600.

We are extremely stressed and my wife is terrified of the possibility of being deported and being taken away from our child (for reference he was born in the UK in 2023 and has UK citizenship) I've told her that surely they won't be able to take a mother away from her child but I am very worried too. Any advice or reassurance would be greatly appreciated.

FLR FP is the way out as others advised.
You could have asked questions on B1 earlier.