This is my first post but I've read a lot, especially in the last few days. I've been lurking on these forums on and off since I left the Royal Marines in Dec. 2011 to return to my civvie career and marry a British Citizen. I received a Tier 2 (Sponsored) visa in January 2012 which expired August 10th 2012 when I left to start my own consultancy. We married August 20th and I received a spouse visa Sept 6th 2012 at the Croydon Service Centre.
The first problem I have is that I made a mental note during my reading in 2012 that I would be able to settle after 2 years of marriage. In retrospect this was incorrect as the rules had just changed a few weeks before our marriage. I suppose that the wedding plans etc took over at a certain point and I had to discontinue extensive reading on the topic. It's now obvious that the AN(1) form which I sent to UKVI 2 weeks ago was in error. (I know AN1 was the wrong form: I thought that settlement means citizenship).
The other issue is that the spouse visa expired March 6th 2015. So I am an overstayer. I had looked at it earlier this year and in my sleepless exhaustion (the birth of our first child) I misread 06-03-2015 as July 3rd 2015. This is a problem that I've always had since I moved to the UK in April 2010, but when I'm (slightly) well-rested I'm able to remind myself to re-read dates the "backwards" way. My wife was obviously shattered otherwise she might have caught my error. It wasn't until we went for a little vacation to Spain last week that our problem was noticed on re-entry. So they stamped me with a visitor visa which is valid until the July 11th 2015 (it was probably a mistake to mention that we were taking the little guy to Canada on the 10th). It was a living nightmare at the airport.
Our main issue is this: I've built a strong business here in the UK. I finished all outstanding contracts before our son was born on Feb 21st, and I have worked since. But I've had offers come in and now there is a government client who wants me to start on the 15th (yes I know, that isn't going to happen. I signed the contract under the misunderstanding that I had until July to get into Premium Service Centre).
So, I've overstayed. Or, I was and blissfully ignorant of it, and now I'm apparently visiting (from spain!!?!?!?) the home which I own?!?!? I take it that the SET(M) route (which would not require extant leave) isn't available to me? I've booked a same-day service on Friday for a FLR(M) application. Is there any way I can avoid having to appeal a rejection based upon article 8?
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