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Wife has overstayed spousal visa by 6 years, what to do?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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mikeb
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Posts: 4
Joined: Sun Jun 24, 2018 9:04 pm
United Kingdom

Wife has overstayed spousal visa by 6 years, what to do?

Post by mikeb » Sun Jun 24, 2018 9:24 pm

Hi,

My wife came to the UK (after we married abroad) on a spousal visa back in 2010. Rather stupidly she has overstayed her visa by 6 years, due to financial reasons, with us not being able to afford to apply for ILR. We would now like to regulate her stay here if possible. We have two young children that were born here in the UK. I have a small business and am self-employed, but don't earn over 18,600, however if it would help I could stop being self-employed and get a job that pays £20,000.

I would like to know what to do in these circumstances.

Thank you for any advice you may have.

Mike

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Casa
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Posts: 25768
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Wife has overstayed spousal visa by 6 years, what to do?

Post by Casa » Sun Jun 24, 2018 10:01 pm

You could try submitting a FLR(FP) Partner route application. This is a 10 year route to settlement (ILR).

Don't expect a quick or easy fix though. FLR(FP) applications are taking 12 months or more to decide. Also bear in mind that your wife doesn't have free access to NHS facilities. :idea:

https://www.gov.uk/government/publicati ... form-flrfp
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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