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UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, I Hope I can get assistance on the following; I a British

This answer was rated:

I Hope I can get assistance on the following;
I a British citizen my wife joined me here back in May 2007 on spouse visa.
She was given 2 years and at the end of that an extension of further 2 years of which has expired back end of July 2012!
Due to just been plain stupid and "Busy" we have not applied for her indefinite leave to remain to date and have only just booked her on to a course to complete her required english language certificate of which the tutor said she should be able to sit the test friday next week.
We have been living together the entire time we've had three children whilst she has been here which is partly the reason why she has not been able to do her english as having a child after a child!

Can you kindly assist me in:
1) what I need to do regarding her overstay and how and if she allowed to apply for an indefinite leave to remain?
2) Funds are quite tight at the moment is something I can do or do we require a to pay a solicitor?
3) Do we withstand a better chance if a solicitor is used or not?

Any additional info will be greatly appreciated.

Kind Regards

Tariq Ahmed
Hi, thank you for your question. Please remember to rate my service so I am credited for my time.

1. With regards XXXXX XXXXX for indefinite leave to remain, this would be a chance that you would be taking because of her having overstayed now since the expiry of her visa she would need to apply as an overstayer and home the home office exercise discretion regarding her case. You would need to be honest with the home office and state the reasons why you did not apply.

I have a similar case last year where the applicant had overstayed, the home office did grant the applicant indefinite leave to remain then, but now because the rules have been tightened it may be more difficult.

I would suggest that you try and apply as the other alternative is she has to return to her home country and reapply for a spouse visa under the new rules.

2. You can try and state the reasons yourself , but because of your wife overstaying it may be a better option to consult a solicitor to assist you with this matter. You are spending a lot of money for the Indefinite leave to remain application so its worth spending a little bit more just to ensure you give the application the best chance of success.

3. Due to your wife overstaying i would suggest that having a solicitor would give you a better chance of success.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards

Customer: replied 2 years ago.


Thank you very much for your assistance.


In your humble opinion do you think they might be be kind to us

since we also have 3 children here whom 2 of them have started school?



Thank you for your reply.

You will need to provide all this evidence with the application and ask the home office to exercise discretion on this point. I believe that this should be a case where the home office are lenient, but unfortunately I cannot say for sure that they will exercise their discretion.

I hope this clarifies the matter.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
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