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Alex Hughes
Alex Hughes, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2415
Experience:  Partner in national law firm with 25 years legal experience
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hi my wife has overstayed on a spouce visa by 4 years, i didnt

Customer Question

hi my wife has overstayed on a spouce visa by 4 years, i didnt realise it had expired. i am in the process of applying for ILR. she has done the relevant english course but i am struggling to obtain all the relevant paper work, like joint bank account statement as this was only recently done, all other bills are on my fathers name as we are and have been living with him. Also he does not have alot of letters on her name at the same address. we have 2 children and i am seriosly worried about what will happen

what is the likely hood she will be granted ILR or will it be declined and what is the next step??

thanks
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Alex Hughes replied 3 years ago.

Thanks for your question.

 

Why has it taken this long to apply for ILR?

 

Have either of you claimed any benefits?

Customer: replied 3 years ago.
I thought she had ILR when she came over it was only when we planned a holiday we found out it was only for two years

No benefits claimed
Expert:  Alex Hughes replied 3 years ago.

Thanks for the additional information.

 

I cannot help you with obtaining the documents you need to make your application, but I can tell you that UKBA has a discretion in these cases to grant leave to remain in the UK even if the visa has expired. This does not mean that you should delay your application - on the contrary your wife is presently in breach of the immigration rules and, although it is unlikely she will be deported because of your circumstances, you must move quickly to avoid any enforcement action being taken. The sooner you make the application & explain the delay the more likely it is that the application will be granted.

 

I can help you to ensure you complete the right forms, pay the right fee and obtain the right documents before you submit your application. However, please click ACCEPT so I get credit for my answer so far.

 

 

Customer: replied 3 years ago.

you have misunderstood, i am not asking for documents but i need to know other than the basic documents which need to go with the from set(m) is there any addtional infomation i need??

 

 

Customer: replied 3 years ago.

also do i apply for an extension, or ILR.

 

if declined by UKBA what happens next?? how long will the process take?

Expert:  Alex Hughes replied 3 years ago.
Please click ACCEPT so I get credit for my answer so far. I will answer any further questions that you have.
Expert:  Alex Hughes replied 3 years ago.

First here is a link to process the Form Set(M) online http://apply.ukba.homeoffice.gov.uk/iapply.portal?_nfpb=true&_pageLabel=confirmAndDownload&formId=SETM&com.sun.faces.portlet.CLEAR_STATE=true

 

Section 10 sets out the documents that are required. You must provide originals of the documents. You do not have to give anything more than what is in the checklist.

 

You cannot apply for a visa extension as you are well out of time. However, when you submit the ILR application you can explain the reason for the delay. If accepted, and you have provided the correct documents, ILR should be granted quite quickly.

 

If ILR is refused your wife could be deported and she would have to make a fresh application to return to the UK. However, the needs of your children are paramount so it is unlikely that UKBA would deport her. Even if they decided to take such drastic steps your wife has the right of appeal.

 

Customer: replied 3 years ago.
But as i said i do not have much info ie documents with both of our names on. I only have a few hospital letters and bank letters and statements with her names on.

I have p60's and payslips and a work contract for myself
I have old electricity bills on my dads name and some with my name.

On her name bank statements and letters from the hospital will these be sufficent enough?

What else will be required?
Expert:  Alex Hughes replied 3 years ago.
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Customer: replied 3 years ago.
So if worst case we fail in an appeal whats the next step is there anything under human rights?

Have u in your experience come across a case like this.

In your experience what will the outcome be based on the info i have told you.

Also what could i put in a letter explaining the delay so they are understanding?

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