Overstayed mother of British Children and FLR (FP) same day

[khuram7592]

Hello,

I am a British National with two children, both British. The mother has been an overstayed since 2001. We did not apply before as she was not mentally prepared and we did not want to stress her out. I understand she has a good chance applying for mother of a British Child rather than spouse visa, as she will have to return to home country which is not an option. My questions are:

1. Has anyone else in similar situation had applied using FLR (FP) and what supporting documents are required with the application?
2. She does not have a passport currently and I doubt her home embassy will help out. Do we apply first and when the application is successful, we then use UKBA letter to apply for passport?
3. Do we have the same day option or will have to post our application?
4. What are her chances of success using FLR (FP) route, any past experience?

Thanking all members in advance for your help and guidance in this matter.

Kind regards

Khuram

[secret.simon]

I am fairly certain that FLR(FP) applications can not be applied for at a PSC for the same day service. FLR(FP) require consideration of the person's circumstances and weighing those circumstances against the Rules.

In your spouse's case, the fact that she was illegal for close to 15 years may count against her. Conversely, if she manages to stay in the UK for another six years, either legally or illegally, she would be eligible for ILR based on 20 years long residence (assuming that the Rules don't change).

She will be eligible for citizenship only 10 years after she becomes a legal resident though.

Does she have any medical and/or psychological issues that have been diagnosed by a doctor or medical professional? That could be used in the application to explain why she had not applied thus far.

Which country is she originally from? I would have thought that as a citizen of that country, she is entitled to a passport of that country.

I think a passport is a requirement for any visa application, but I could be wrong. Does she still have the passport that she entered the country on?

How old are the children?

[CR001]

she would be eligible for ILR based on 20 years long residenc

After 20 years of illegal stay, it is not ILR it is FLR(FP) private life route and another 10 years before qualifying for ILR.

[geriatrix]

I am fairly certain that FLR(FP) applications can not be applied for at a PSC for the same day service.

They can be (the form suggests so), but I agree, doing so is pointless.

[Zee ali]

she would be eligible for ILR based on 20 years long residenc

After 20 years of illegal stay, it is not ILR it is FLR(FP) private life route and another 10 years before qualifying for ILR.

+1

[khuram7592]

Our children are 9 and 7 years old. I am originally from Pakistan and she is from India. She has a copy of her old passport but we think Indian embassy may not entertain her given her status in UK? If you guys think I am thinking along the wrong lines then perhaps the first step is to get the passport sorted out.

I do understand that there is not point in going for same day application.

Can anyone who has gone through similar experience assist as to what supporting documents we should include?