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Im in almost the same situation only my wife is pregnant and has overstayed 7 months. If an overstayer has to go back home and re-apply for EC, does this mean they have to wait a further 2 years to apply for ILR?sanjhet wrote:Thanks for the heads up!!
I am thinking of applying while wife is in UK. Im sure I will put up a valid argument regarding the overstaying part and hope compassion is shown. My other concern centres around me still on benefits.... Will a refusal happen due to me claiming the said benefits?
Has anyone had a similar situation? Maybe another thread with similar topic or content?
I will be looking at professional advice once ive clued myself up with these forums,etc. As a matter of interest... can anyone recommend anything in Leicester? Costs involved? etc.
Hopefully light is in sight at end of tunnel.
I dont think Legal Aid funding is classified as public funds. That should not be a problem in your case.sanjhet wrote:not sure if I qualify for the free service, because my partner has no recourse to public funds.
While returning home to make an application is still the easiest solution to the problem but given the facts of your case, its not the way out in my opinion, as you have also realised.Elena W - How could her going back to India and re-applying for spouse visa be possible due to me being on benefits?
While I will suggest that you seek the advice of an OISC registered solicitor or the IAS as suggested before.sanjhet wrote:Thanks sushdmehta!!
Do you have a link for the guidance notes and form?
Regards.
The one I sent to you was everything you need to know about the application called DISCRETIONARY LEAVE TO REMAIN. I copied that from the UKBA websites and its up to date. The FLR(O) guidance notes is about ''how'' to make your application.sanjhet wrote:HRY2005 - Your guidance notes differ from the official FLR O guidance notes.. Are the guidance notes you linked concerning DL also valid and upto date as of now?
Thanks / Regards