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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have accidentally overstayed my FLR(M) visa. Initially the

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I have accidentally overstayed my FLR(M) visa. Initially the overstay was by 5 days, when i realised my visa had expired i called the UK VISA AND IMMIGRATION service and was told that I could still apply for SET(M) (as my FLRM had been granted prior to the June, 2012 law change) and to book a life in the uk test. I did this and initially was meant to have the test tomorrow. However, when getting my paperwork together today (i'd meant to send everything off straight away after passing the test) I noticed the 28 day grace period. I called the UK Visa and immigration service again, just to double check that i could take the test even though the 28 days had now expired (last week, as a result of me having to wait to take the test). I was told this time that no, as it had been booked after the visa expired i would just be turned away from the testing centre and that the only thing i could do at this point (again, now outside of the 28 days - but only because i had booked in my test!) was apply for another FLR(M) and hope for the best. In what can only be described as a blind panic I made an in-person appointment for the first slot I could get to apply for the new FLRM in person.
Of course, now i've done some google sleuthing and am unsure as to whether this was the best advice. I have proof that I moved to change my status during the 28 day period (the booking invoice for the Life in the Uk test). My husband is also British by birth as is my son (2 years).
What is the best thing for me to do? proceed with the FLRM? Apply as SetM? and would it be best to do by post or in person?

When did your spouse settlement visa expire and when was it issued?

Have you passed the Life in the UK test and English language tests (if applicable)?
Customer: replied 3 years ago.
Hi, the visa expired on the 23 October, 2014. I made my life in the uk booking on the 27th for the soonest test (which is today) but have since cancelled te test as I was advised by uk visa and immigration that I would be unable to sit it due to booking on an expired visa.
Customer: replied 3 years ago.
Ah and it was issued in October 2012, although I have documentation to prove the initial application was submitted prior to the changes in law that took effect in June, 2012. Application was made in April, 2012
Customer: replied 3 years ago.
Relist: Answer came too late.
I waited 30 minutes after answering a question from expert (without being given any answer for initial question) before I realized he had gone offline
Thank you.

You should proceed with the FLR(M) application by post and explain why the application was submitted late and that you wish to sit for the Life in the UK test as soon as your application is granted and that you will apply for settlement as soon as you have passed the life in the UK test.

You should explain all your dealings with the Home Office and explain that the advice given to you was confusing and not clear.

As your application is now more than 28 days since your visa expired, it will really depend on the Home Office exercising discretion in your favour.

May I help further?
Customer: replied 3 years ago.
Thanks so much! You are a life saver!!
So I should continue via post? I booked the premium in person service in the hopes that being able to speak to a real-live person (and have them speak to me) might be helpful - maybe making them more liable to take into account the human element of my case ? Is this the case or is in person reserved for straightforward cases only?
Thanks again
Yes, you should continue via post. The premium service is for straightforward applications which yours would have been had it been in time. However, as it is out of time, you will be advised to lodge it by post.

All the best, ***** ***** feedback
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