Overstaying Spouse - Questions regarding FLR(M) filed

[celtic555]

Hello,

I'm writing to ask for any experts on this Board for their suggestions/comments on a expired spouse visa situation. If anyone could shed light on this situation with the new law changes being talked about recently.

The situation is; my spousal visa expired 15 March 2007. (I had no clue that I had to file for an ILR; I thought I had to wait 3 years and then file for Citizenship) but anyway, realised this wasn't the case when my husband and I took a short holiday in November 2007 and on our return was asked by the Immigration Officer where my visa was? When I explained that I was waiting for the 3-year period and planning on applying for Citizenship, he realised my mistake, he did not stamp my passport and asked me to sort out my visa.

I called the Home Office and was told I had to go back to the US because my passport was now stamped as a 'visitor' in the UK (but I did explain that my passport was not stamped) and asked what to do next. They told me to file a FLR(M) in-country, I did this in December 2007.

It's now 8 months on and we're still waiting. I've heard that if I do receive a refusal after October 1st that I could be refused entry back into the UK if I go back to the US after this date. (I can't imagine why my application would be refused).

Is this indeed the case? What would be your suggestion in this situation?

Any help would be appreciated.

Thank you,
Sandra.

[vinny]

See also Query regarding October 1st Ban on Overstayers.