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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6513
Experience:  BA (Hons), PgDip, Practising Solicitor
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I was born here and I am a British citizen. My wife came from

Customer Question

I was born here and I am a British citizen. My wife came from India in 2004, since then we have had two children are are still married. But I have made a big mistake, we did not apply for indefinite leave status whilst she still had a valid visa and her Indian passport has expired. The Indian consulate will not issue a new passport due to her having no valid visa. We did not know that we had to apply for a an indefinite leave visa within the period of the original visa. Another problem is that our oldest son has a mediocre form of autism, so all of us going to India to sort this problem out is out of the question. Can anyone advise us please
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Do does she still have her unexpired passport?

Would it be possible for your wife to return on her own to get the passport?

Tom
Customer: replied 1 year ago.

My wife still has her passport. It expires on the 01/08/2013. It would be very difficult for my wife to return to India on her own to get a new passport for the following reasons. I have a elderly mother aged 73 who lives with us, this issue is compounded by the fact that I alsohave a disabled brother with celebral palsy who lives with us. He needs care and attention 24 hours a day and seven days a week. Me and my wife are secondary carers for my brother since my mother with old age is not able to look after him all of the time. The most important issue, however,is that we have two young children aged 7 and 8. Our 8 year old is autistic, he needs care and attention24/7 a week. More to the point is that only through a very vigourous fixed routine and with ongoing help from the Education Authority, is that we have managed to get him into mainstream education. My wife is critical in his support structure both at home and liasing with the school he attends. If my wife is away from us then this would be most detrimental on my son's wellbeing. I would not be able to cope with my elderly mother, severely disabled brother and my disabled son. I could not replicate or implement the fixed routine which has been developed by the Education Authority and school. The only two options that I would have would be to work part time or ask for the intervention of social services to look after my kids, mum and brother. If I decided to work part time, then my income would not be enough to sponsor my wife who would be stuck in India. The intervention from social services would cause too much distress especially to my eldest son who is autistic. This would cause irreversible mental trauma to my eldest son. They would suffer because of my stupidity and ignorance of immigration regulations

Expert:  Thomas replied 1 year ago.
Hi

Thanks,

I will answer tomorrow morning.

Kind regards

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your question.

Whilst your wife is in the united kingdom there is only a very small chance that she would be deported. however, if she does not have a passport that she cannot apply for an extension of a visa which is an obvious problem.

The problem is clearly with the indian consulate. I would suppose that they have rejected the application for a passport on a strict basis and presume that they were not aware of your wife's particular circumstances relating to your family situation.

In the first instance I would say that it would be worth getting the opinion of an indian attorney or lawyer. They will be able to specifically advise in respect of indian passport law and whether they are allowed any discretion in order to grant a passport in somewhat unusual circumstances such as the one that your wife finds herself in now.

They maybe able to refer you to specific rules by which the consulate are bound and any discretionary powers they have in the form of an advice letter. It would probably then be worth instructing a u k solicitor to draft a covering letter for the application and or so collate the documentary evidence you have relating to your wife's personal circumstances. A covering letter would also be pleased to know that the consulate exercised any discretionary powers they have in order to renew the passport out of time.

It is also likely that the covering letter would state that an application which made the united kingdom border agency for further leave to remain want to see if you is resolved. Unfortunately if the visa has expired then its massively unlikely that she will be able to apply for indefinite leave to remain now and will instead be granted further leave to remain (if successful).

I have to be honest the oversight in relation to her visa expiry is quite a big problem and although you may say that you and where the united kingdom border agency is position will be that it was nevertheless your responsibility to be aware of the immigration rules.

You really need to take advice in the normal way from first in indian lawyer about passport renewal and then secondly u k immigration solicitor in order to make the application for hire.

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6513
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 6 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much for your advice. You have been very helpful. Thankyou Mr Reddy.

Expert:  Thomas replied 1 year ago.
You're welcome

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