FLR(M) overstay

[nathan2]

We've screwed up. We thought my wife's FLR(M) ran out at the end of May, it actually expired today. We were just getting info (for either SET(M) or another FLR) tonight when we noticed.

She hasn't been able to pass the Life in the UK Test yet (she has chronic health trouble - most seriously, daily disabling migraines). We were trying to get her healthy enough to try the test again (aim was/is end of month), rather than just sending in a request for medical exemption.

Info: I'm British, she's Canadian. Both disabled, no kids yet. I'm self-employed, she can't work (she does a tiny bit of knitting, but no income).

Now she's overstaying her visa (our fault). What's our best option here?

[nathan2]

Just found on the UKBA website that an overstay less than 28 days will be ignored for FLR(M).

Can't see if there's the same rule for ILR(M) - anyone know?

Thanks

[vinny]

Unfortunately, an overstayer would also be subject to the new rules.

[nathan2]

Unfortunately, an overstayer would also be subject to the new rules.

Thanks Vinny. Going through that I see the income requirement is £18k6. The second link you gave reads to me like Tax Credits I am eligible for are counted as part of my income for this test (section 12A), but the UKBA guidance section FM says in Section 4.2.1 that Working Tax Credit cannot be counted. Which is correct?

[vinny]

21?

Perhaps you should ask John.

[nathan2]

Thanks Vinny, I've asked in John's thread. Appreciate your help

[wiggsy]

nathan, do you receive DLA?

This can remove the financial requirement for income...