SPOUSE VISA OVERSTAYED. PLEASE HELP

[kishan121]

Hi Everyone.

This my 1st ever blog, i have a wife who is on a spouse/cp visa and she has overstayed by 3 weeks and just passed her LUK TEST. Now im thinking i need to apply for a sat m to get ILR. But i dont know if she will be granted one because she has overstayed. Can someone please help.

Thanks

Kishan

[vinny]

Cite the Settlement rules for spouses.

[kishan121]

I just wanted to know what are our chances of my wife getting a indefinite leave to remain? Or is it a case of if we do apply via the SET M form we would just be wasting our money and they will just reject her claim.? Can someone please help, any help would be helpful, I am so so worried as we have a 9 month old son and we really dont want to be separated from each other. She is only a few weeks late and also she had to have a abortion in Jan few weeks before her visa end date which also added to the stress hence us forgetting the visa end date. If someone can please help my number is 07404 91 91 48.

Thank you in advance to anyone that can help

Kind regards

Kishan

[Casa]

If you've read the article in Vinny's link you'll see that your spouse can submit her SET(M) application even though she has exceeded the time shown on her visa.
Submit the application NOW with a letter explaining the situation. Don't worry, your wife won't be asked to leave the UK.

[kishan121]

Hi Casa

Thank you, just you saying my wife wont be sent back is a huge weight of my shoulders. Ive been told so many things, worst being my wife will be sent back and banned for 10 years, border agency saying that she has to go back to her country and reapply for a spouse visa and start the whole process again and if we did apply via the SET M form then we will lose our money.It seems there is not one answer for this and everyone seems to say different things. Im so worried, she has to sit her EXAM LIUK TEST this sat and then we will apply straight away. Does anyone know how many months wage slips we need as I only have 2 months because I lost my job and this job is only 2 months old.

Thanks

Kishan

[Casa]

If you only have 2 months pay slips, then apply with these + your bank statements covering 6 months if possible. Don't delay your application waiting for more pay slips. Home Office case workers are advised not to refuse a spouse ILR for financial reasons alone.
Border Agency 'advisors' will always say someone needs to leave the UK and apply from their home country. You won't get advice about their rights under article 8 (right to family life), or that at the very least, your wife would be entitled to Discretionary Leave.
As I said, apply as soon as possible. Vinny's link should have brought you some comfort and settled your fears.

[kishan121]

Hi Casa

THANK YOU EVER SO MUCH...

Your a star...

Final question, all I need to apply for IDL is a SET M form right? My wife has a Spouse/CP visa at the moment.. Also need the fee of around £1000 or £1350 if you apply via appointment right? which is the best option? via post or via appointment?

Kind regards,

Kishan

[sanson]

Kishan,

I am interested in knowing how you came to a solution to your wife's situation as my friend is going through a similar case- she also overstayed (1 year) and she has passed the LUK exam. ( http://www.immigrationboards.com/viewto ... 383#596383 )

Can you advise what visa you applied for? post/appointment? what are the time frames they gave you? did you get help from solicitor?

All the info you can share would be very useful! She is truly desperate and the HO advisors are not helpful at all

Thank you in advance!