UK Immigration Law
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Thanks for your question.
Why has it taken this long to apply for ILR?
Have either of you claimed any benefits?
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.
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??
also do i apply for an extension, or ILR.
if declined by UKBA what happens next?? how long will the process take?
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.
You should send the documents you have and explain why others may be missing. The important thing is to get the application form in as soon as possible. If you cannot supply utility bills etc with your wife's name you should get a letter from your father to confirm that he is the bill payer. The hospital letters, bank statements etc will be fine so long as they show a history that your wife has been living in the UK since she arrived.
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