27 Days of out of time application before 24 Nov 2016 and ILR application

[Jahanmou]

Hi All
I will be applying for my wife for ILR. Please see history below:
1. Entered UK Tier 4 student September 2009
2. Applied FLR O intime application on October 2012
3. Application refused with appeal right .
4. In 18 July 2014 applied as dependent of me under tier 4 while the previous appeal was still pending ( solicitor mistake as you can't make an application while pending court case) .
5. The dependent application was rejected as invalid as court appeal was pending. But the rejection was received after exhausted of appeal right. Appeal right was exhausted on 20 Aug 2014.

6. Applied again as tier 4 dependent on 16 September 2014 (27 days after appeal right exhausted).

7. Thus application was out of time but eventually was granted leave as dependent of me by virtue of court hearing and winnings first tier tribunal appeal in August 2015.

8. Since then she was my dependent on every application and variations. I was granted ILR in 2019 so she must have been under 3c leave those periods as well.

We have a British child who is 3 years old.

My question is according to HO LR guidance upto 28 days of overstating or out of time application would be disregarded as it was before 24 NOV 2014. Will ILR application for her will be successful?

She currently has 30 months visa in 10 years route whic is expiring in 16 November 2021

I currently earn £30000 and as a mother of British child I know if we aplly spouse visa 5 year route she will get it.

Which one we should apply ILR or Spouse visa?

Thanks for you valuable comments.

[vinny]

ILR seems possible.

[yhm75]

hi

i have recent experience i applied for my wife ilr with 27 days overstay its approved

[Jahanmou]

Hi
Thanks for your replies.

She has got ILR.

Timeline.
Online Application - 31.10.22
Bio done- 4.11.21
Decision - 5.11.21 super priority
BRP received- 11.11.21