Overstaying before spouse ILR application

[namhar]

Hello

I would be very grateful for advice or info about my husband’s spouse ILR application. I’m British, my husband’s FLR expired on 1st January 2018 and for various reasons he will end up submitting his ILR application (spouse, 5 year route) a few days late. It will probably reach them on 10th January, so about 10 days overstay.

I understand that this is a breach of immigration law since the November 2016 change. I don’t think he can give them compelling reasons for applying late that they would accept (the reasons were he and our elder child had a terrible flu for 6 weeks, plus birth of second child a couple of months ago, and I doubt they would find these reasons good enough).

We have two children aged under 5, both British citizens but only one has a British passport. We haven’t got round to applying for our younger child’s passport yet, he’s 12 weeks old.

Are they likely to refuse my husband’s ILR application for being 10 days late? Would we have any grounds to appeal and what would be the chances of success of an appeal in our case?

Thanks in advance for any suggestions.

[makky86]

I would be very grateful for advice or info about my husband’s spouse ILR application. I’m British, my husband’s FLR expired on 1st January 2018 and for various reasons he will end up submitting his ILR application (spouse, 5 year route) a few days late. It will probably reach them on 10th January, so about 10 days overstay.

Since November 2016 its 14 days grace period. Technically he has not overstayed and ILR application should NOT be rejected, though Home office may contact about the reason of applying this late !

Have a read

https://www.freemovement.org.uk/oversta ... ood_reason

[vinny]

Technically, he did overstay. But it was less than 14 days. Did he include an explanation with his application?

[namhar]

Thank you vinny and makky86 for responding. Yes my husband will include an explanation for the few days overstay in his ILR application but I don’t know if it’s good enough as from what I’ve read you have to have been in a medical emergency or other similar major incidents for them to accept the overstay even when its less than 14 days.
His reasons were he and our elder child had a terrible flu for 6 weeks, plus the birth of our second child a couple of months ago happening at the same time. I doubt they would find these reasons good enough.
However, as our two children are British (and I’m British too), do you think they would accept my husband’s late application on the grounds of the best interests of our British children? Are there any such provisions?

[Kolly B]

Hi Namhar,

I have very limited knowledge of these things, but I would like to think that the circumstances qualifies to be seen as significant. Especially, if you have medical related record of the really bad flu, coupled with the birth of your child... I hope it goes well.

[namhar]

My question is whether they would accept our weak explanation for 10 days overstay, on the basis that it would disrupt the life of our two children if his overstay explanation were rejected and therefore ILR refused? Are they less strict where (British or non-British) children would be affected by a potential refusal than they are in other cases?

(And thanks Kolly B for your kind words )

[vinny]

They should understand.

It's also well within the 14-day limit.

[Nader95]

Hi I recently applied for indefinite leave to remain
I applied after 12 days of my visa expiry date
Now I'm worried if it's a big deal and delay or refuse my application.

[vinny]

It's a big deal, unless your explanation for the delay satisfies them.

Technically, he did overstay. But it was less than 14 days. Did he include an explanation with his application?