Overstayed by one day, what now !!

[shamy123]

Hi,

My wife came from Pakistan in 2016 on the 5 yr route, we applied for her first leave to remain in 2018, but it got rejected because it got there 1 day late. They sent the below statement but:

* At what point does she apply for indefinite? 10 years from 2016, 2018 or 2020
* Do I still apply as a normal spouse partner application, or parent?
* Will the A2 test she did be applicable as it isn't classed as continuous, therefore is it best if she does B1 now, and use that for all future applications?

Letter 30 April 2018:

You applied for leave to remain on 30 April 2018 under the Appendix FM 5-year partner route.

However we have decided that you meet the requirements of the 10 year partner route under paragraphs R-LTRP.1.1.(a), (b), and (d) of Appendix FM, as you have a parental relationship with your British child, and it would not be reasonable to expect them to leave the UK.

Accordingly you have been granted a period of 30 months limited leave to remain on the 10 year partner route under paragraph D-LTRP.1.2 of Appendix FM.

We have decided that you do not meet the requirements for a grant of leave under the 5-year partner route under paragraphs R-LTRP.1.1.(a), (b) and (c) for the following reasons:

It is noted that your precious leave as a Spouse/Partner ended on 29 April 2019. You have therefore been without valid leave in the UK for 1 day and paragraph 39E does not apply. You therefore fail to fulfil E-LTRP.2.2 of Appendix FM of the immigration rules.

Then a statement about no recourse to public funds etc.

[shamy123]

I have seen a few posts saying I can switch from 10 to 5yr route, do I save any time or money this way?
Are the requirements still the same i.e. financial, bills etc.

[AmazonianX]

I have seen a few posts saying I can switch from 10 to 5yr route, do I save any time or money this way?
Are the requirements still the same i.e. financial, bills etc.

Yes, you save time and money. This depends on how far along the 10yr route you were before deciding to switch to 5yr route.
Note that among other prerequisites, meeting minimum financial requirements and English Language test is crucial.

[shamy123]

Is it difficult to switch?
If I was to switch on my next application i.e. March 2021, will I then apply in Sept 2023, and then a final application March 2026?
Thanks

[AmazonianX]

Is it difficult to switch?
If I was to switch on my next application i.e. March 2021, will I then apply in Sept 2023, and then a final application March 2026?
Thanks

Not difficult to switch. How many years spent already on 10yr route?
It will be FLR switch 2.5yrs + FLRM extension 2.5yrs = 5yrs, then SET M ILR

[shamy123]

Is it difficult to switch?
If I was to switch on my next application i.e. March 2021, will I then apply in Sept 2023, and then a final application March 2026?
Thanks

Not difficult to switch. How many years spent already on 10yr route?
It will be FLR switch 2.5yrs + FLRM extension 2.5yrs = 5yrs, then SET M ILR

Not sure how long I have left lol, can you make any sense of the letter I typed out above?
We started in 2016, got rejected as 1 day late in 2018, and then put us on 10yr route at the time.
We are due to reapply in March 2021, but am I better of carrying on with this 10yr route, or switch?!

[CR001]

You need 10 years from 2018 under the 10 year partner route.

If you switch to FLR M 5 year route,you need a NEW 5 year period, 2 X 2.5 year FLR M,before you can apply for ilr based on 5 years.

[vinny]

It is noted that your precious leave as a Spouse/Partner ended on 29 April 2019. You have therefore been without valid leave in the UK for 1 day and paragraph 39E does not apply. You therefore fail to fulfil E-LTRP.2.2 of Appendix FM of the immigration rules.

39E(1) applies, if you provided a good reason, in or with the application, for the 1 day overstay.

[shamy123]

You need 10 years from 2018 under the 10 year partner route.

If you switch to FLR M 5 year route,you need a NEW 5 year period, 2 X 2.5 year FLR M,before you can apply for ilr based on 5 years.

Thanks, so this is the my quickest route to apply for ILR... Apply in March 21 FLR M, then in Sept 23 FLR M, then ILR in March 2025 - that's how it works right?

Also if I want to switch, do I have to write a covering letter, or just apply as normal FLR M (won't they mistake it and put me on the 10yr route still)?

[AmazonianX]

You need 10 years from 2018 under the 10 year partner route.

If you switch to FLR M 5 year route,you need a NEW 5 year period, 2 X 2.5 year FLR M,before you can apply for ilr based on 5 years.

Thanks, so this is the my quickest route to apply for ILR... Apply in March 21 FLR M, then in Sept 23 FLR M, then ILR in March 2025 - that's how it works right?

Also if I want to switch, do I have to write a covering letter, or just apply as normal FLR M (won't they mistake it and put me on the 10yr route still)?

Fill the form, meet all the requirements of FLR(M) and supply the needed evidence , indicate the route and specify switching to 5yrs cover letter

[seagul]

Thanks, so this is the my quickest route to apply for ILR... Apply in March 21 FLR M, then in Sept 23 FLR M, then ILR in March 2025 - that's how it works right?

Yes otherwise following year in 2026 under long residence - 10 years.

[shamy123]

[/quote]
Fill the form, meet all the requirements of FLR(M) and supply the needed evidence , indicate the route and specify switching to 5yrs cover letter
[/quote]

Has anyone successfully switched to the 5 yr route, from being moved to the 10 yr route?
I rang their helpline and they said it isn't in my hands to switch to the 5 year route, even if I meet all the requirements.

Wondering what I can do/write on the cover letter to persuade them, and have folks been successful in switching previously?

Thanks again chaps

[seagul]

Has anyone successfully switched to the 5 yr route, from being moved to the 10 yr route?

Yes it is certainly possible and many experiences & discussions over it can be searched here

I rang their helpline and they said it isn't in my hands to switch to the 5 year route, even if I meet all the requirements.

This is not the first time when their telephone operators are providing incorrect information.

[shamy123]

Has anyone successfully switched to the 5 yr route, from being moved to the 10 yr route?

Yes it is certainly possible and many experiences & discussions over it can be searched here

I rang their helpline and they said it isn't in my hands to switch to the 5 year route, even if I meet all the requirements.

This is not the first time when their telephone operators are providing incorrect information.

Is there anything on their site/appendix notes that points to info on switching?
Regards

[seagul]

Has anyone successfully switched to the 5 yr route, from being moved to the 10 yr route?

Yes it is certainly possible and many experiences & discussions over it can be searched here

I rang their helpline and they said it isn't in my hands to switch to the 5 year route, even if I meet all the requirements.

This is not the first time when their telephone operators are providing incorrect information.

Is there anything on their site/appendix notes that points to info on switching?
Regards

When you can apply to extend or switch
You can extend or switch at any time before your current permission to stay in the UK expires.

https://www.gov.uk/uk-family-visa

[shamy123]

Thanks bro!