Long Residence for Spouse Query

[gbpmatrix]

Dear Senior members, Mentors and Respected members,


I have few questions if you can help.

I am about to apply 10 yrs ILR for my wife, Her Immigration history:
Sep 2008 Entered UK as student.
Before expiry of visa she got PSW for two years.
We got married in 2012.
Before this got expired she got dependent visa on me as I was on PSW.
Then I got T2 visa and she got dependent visa on me as t2 dependent.
** Our t2 extension got refused in nov 2016.
I applied for my ILR within 14 days and got same day ILR and immediately next day applied ILR dependent VISA for my wife (Within 14 days of our refusal).
Her visa got approved in around 2 months time, till then she stopped working as she didn't had visa. Her current visa is valid till 2019.
She is now completing her 10 years stay in this country.
My Questions:
1. The period when she was without visa- will is cause any issue?
2. I am planning to go on same day apt - If they hold the application, will they give back her original passport and current brp back so that we can travel out side UK if needed?

Any advise will be appreciated.

Kind Regards,

[zimba]

The period of overstaying should be discarded under paragraph 39E

[eastwood]

The period of overstaying should be discarded under paragraph 39E

Hello Zumba,

May I ask does paragraph 39E only apply to application made after Nov 2016? Or if the applicant choose to, application made before 24/Nov could also apply 39E? Thank you.

[zimba]

39E covers all

[eastwood]

39E covers all

Thank you very much Zimba, sorry for the late reply as I couldn’t find this post...

One of my visa application was refused in 2014, I received the refusal letter with right of appeal on 18/02, I made a fresh application on 28/02 and was granted. Since it was before Nov 2016 do you think it would actually be easier if I argue paragraph 39E (2) instead of 28 days rule prior to Nov 2016 under 276B (v)(a) in my cover letter? Thanks again!