***URGENT*** Overstayed 13 days as of today on spouse visa

[mithralaya1]

Hello,

I am British citizen and my wife is Australian.

She stayed in UK for 5 years on 2 x spouse visas. We were thinking of applying for ILR at the end of her current visa.

We been travelling a lot and it completely slipped our minds her visa expiry date.

As of today she is 13 days overstayed. She is yet to take Life in the UK test.

• Can we apply for ILR? Do we have to do that from Australia?

• Can we extend our current stay within UK?

• Any other alternative methods to save money and longterm better outcomes, considering future applications.

Any help would be much appreciated.

Many thanks

[CR001]

ILR can only be applied for WITHIN the UK.

She needs LIUK for ILR.

My understanding is that Set(M) for ILR does not require extant leave to remain but you must apply within 14 days of the visa expiring. Moderator vinny might be able to advise better. Likelihood is that HO might put her on the 10 year Partner route.

[mithralaya1]

Thank you for the quick reply. Does 10 year route means she has to start fresh? Or she has to spent 5 more years to get qualified for ILR? Because she already spent 5 full years here on 2x spousal visa.

Many thanks

[mithralaya1]

Also please let me know, what kind of application I should make in order to get successful outcome.

She is in employment, and her HR missed reminding about her visa expiry.

Considering today is the 14th day, and that we don't have LIUK or english test certificate, what application should I make?

I can even take the application to the postal box to get today's stamping if required.

Please advice.

[CR001]

FLR(FP) would be the best probably as her visa has expired.

[vinny]

My understanding is that Set(M) for ILR does not require extant leave to remain but you must apply within 14 days of the visa expiring. Moderator vinny might be able to advise better. Likelihood is that HO might put her on the 10 year Partner route.

Extant leave wasn't required under the old rules (288).

Unfortunately, under the current rules, it's required, subject to 39E.

The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).

[mithralaya1]

Thank you for all the advice.

Does this mean, she has to go back and apply from her home country?

What kind of application can she make from her home country?

Many thanks

[CR001]

From home country she can apply again from scratch for a spouse visa.

FLR(FP) can be applied for within the UK, it can take many months to get a response and no guarantee of approval.

[mithralaya1]

So it means 5 more years on spouse visa and then ILR if she apply from her home country.

It seems to be a better option.

FLR(FP) seems a long route.

Many thanks

[mithralaya1]

Can you please confirm the above?

Many thanks,

[seagul]

Why don't you apply flrfp before hitting 15th overstay day in order to avoid being an overstayer. Then later you try to pass life in uk test immediately and vary your existing application into ILR by claiming to have already completed 5 years under spouse visa.