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frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 774
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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There, I have been married to my wife years, she

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Hi there,
I have been married to my wife for 13 years, she is originally from Ecuador, I am British. We have two sons aged 11 & 7. She was given discretionary leave to remain in 2009, which was extended twice, expiring in July 2015. We didn't have the money to apply for indefinite leave to remain, and as a result, while we were saving money, she technically became an overstayer. We had not been aware that we could have applied for a fee exemption. But, what's done is done.
We now have the money to apply for indefinite leave to remain (£1875), and were initially told to apply using the Set M application forms. But, we were later advised, that because she had overstayed, we would have to apply as though it were an entirely new application, using form FLR (FP)at cost £850, with further costs down the line. This route, we were told, would necessitate a further ten years waiting prior to being eligible to apply for indefinite leave to remain. Naturally, we hope this is not the case.
Please would you advise which course of action is correct in our circumstances? We have been given conflicting advice from two separate charities (we cannot afford a solicitor), and we are now very confused about which avenue is correct. My wife is presently having to sign on with the Home Office reporting centre every fortnight, so we need to begin our application, whichever is correct, as soon as possible.
Many thanks for any advice you might be able to offer.
Simon & Johanna Thorpe.
Hello Thank you for your enquiry. Unfortunately Simon JA is not set up to give advice. Where a person has held DL prior to 9th July 2012 for a continuous period of 6 years and continues to qualify for DL they would normally be granted settlement unless there are any criminality or exclusion issues. The fact that your wife knowingly overstayed her visa since July 2015, will be considered as a criminality/exclusion issue. Therefore any application for settlement is likely to fail. Those who are applying for further leave on the basis of family or private life should use the FLR(FP) form. For those who meet the requirements under Appendix FM should apply on form FLR(M). Unfortunately as I cannot give advice, I am unable to advise on which route is appropriate. You will need to seek legal advice otherwise you may find yourself in another situation that you could have avoided. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
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Customer: replied 1 year ago.
Thanks for the information, I understand the limitations of this service, but your answer has basically cleared up our query.