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violetta wrote:That's not her fault though surely as she wasn't aware the military doesn't send the visas out until the end of the month?
Will they grant her ILR anyway, because she's been here over half her life?
violetta wrote:Thanks for the reply.
How do we prepare accordingly for them to exercise discretion? For instance, what should I write in the cover letter?
I mean, it does seem a bit unfair to be penalised for the mistake of the US Military visa office... they talk to up basically everyone's visas and such. It's not her fault/she didn't know they would take so long and she learnt her lesson and never went through them again. It will be devastating if she's rejected on Tuesday. She's spent 15yrs here legally but one slip in 2011 and now her clock is reset. That means we'll have to be long distance (as I live in a different UK city to her and have to move back now, after having lived with her for 3yrs) until 2021.
She's a desirable candidate in every other sense and fulfils all the other requirements - she's American/first language is English. She's been on a work permit/work visa since she was 18. So she's worked in the UK for 7yrs, with a job on one of the US military bases here. She owns property here/has lived here more than half her life (16 years now). Can't believe it. Devastated.
What other factors are likely to make them exercise discretion? The time she's been out the UK has never been over the total number of days allowed, if that helps. She doesn't have a crminal record.
Leave to remain can be given even if she is an overstayer. Indeed, it can even be given to and has been given to people who have spent years in the country illegally. However, it does not remove any prior overstaying status or any penalties attached to that.violetta wrote:She can't have overstayed, correct? Otherwise, if she'd "overstayed" past 08 Nov 2011/28 days after, why did immigration renew her visa in jan 2012?