FLR(M) for overstayer

[DevopsConsultant]

This is my first post but I've read a lot, especially in the last few days. I've been lurking on these forums on and off since I left the Royal Marines in Dec. 2011 to return to my civvie career and marry a British Citizen. I received a Tier 2 (Sponsored) visa in January 2012 which expired August 10th 2012 when I left to start my own consultancy. We married August 20th and I received a spouse visa Sept 6th 2012 at the Croydon Service Centre.

The first problem I have is that I made a mental note during my reading in 2012 that I would be able to settle after 2 years of marriage. In retrospect this was incorrect as the rules had just changed a few weeks before our marriage. I suppose that the wedding plans etc took over at a certain point and I had to discontinue extensive reading on the topic. It's now obvious that the AN(1) form which I sent to UKVI 2 weeks ago was in error. (I know AN1 was the wrong form: I thought that settlement means citizenship).

The other issue is that the spouse visa expired March 6th 2015. So I am an overstayer. I had looked at it earlier this year and in my sleepless exhaustion (the birth of our first child) I misread 06-03-2015 as July 3rd 2015. This is a problem that I've always had since I moved to the UK in April 2010, but when I'm (slightly) well-rested I'm able to remind myself to re-read dates the "backwards" way. My wife was obviously shattered otherwise she might have caught my error. It wasn't until we went for a little vacation to Spain last week that our problem was noticed on re-entry. So they stamped me with a visitor visa which is valid until the July 11th 2015 (it was probably a mistake to mention that we were taking the little guy to Canada on the 10th). It was a living nightmare at the airport.

Our main issue is this: I've built a strong business here in the UK. I finished all outstanding contracts before our son was born on Feb 21st, and I have worked since. But I've had offers come in and now there is a government client who wants me to start on the 15th (yes I know, that isn't going to happen. I signed the contract under the misunderstanding that I had until July to get into Premium Service Centre).

So, I've overstayed. Or, I was and blissfully ignorant of it, and now I'm apparently visiting (from spain!!?!?!?) the home which I own?!?!? I take it that the SET(M) route (which would not require extant leave) isn't available to me? I've booked a same-day service on Friday for a FLR(M) application. Is there any way I can avoid having to appeal a rejection based upon article 8?

[Obie]

You got married August 2012 and Got Leave in September 2012. You will need another set of 30 months visa to qualify for ILR.

You can either apply from Spain or Canada for another set of 33 Months Visa, or you can rely on article 8 and apply from within UK.

SEt M is out of the Question now.