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frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 876
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I have been in the UK for nearly 10 years and is currently

Customer Question

I have been in the UK for nearly 10 years and is currently on a Leave to remain spouse VISA which expired 12th January, via the 5 years route (2.5 years twice).   My wife and I are having trouble coming up with the full fees to apply for Indefinite Leave to Remain. We are also behind on Mortgage etc. I am still in employment. I understand we have a 12 days period to submit after the initial VISA expiry date, in extreme circumstances. My mental health coordinator will provide a letter to aid in our defence. I understand in some cases, we may be able to split the VISA fees payments. I need to know how to go about doing it and if we will be eligible.

This is a question regarding our VISA status.

Submitted: 4 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 4 months ago.


Unfortunately a letter from your mental health coordinator would make no difference as applications for ILR are not covered by the fee waiver policy. ILR applications need to be accompanied by the correct fee in order to be considered.

You have 14 days from expiry and not 12 days.

Customer: replied 4 months ago.
Hi there. Thank you for coming back to me. What would you suggest in this case?
Expert:  frantzgregory replied 4 months ago.

You need to borrow the money from friends and family or taking credit as this stage of your application is crucial.

Customer: replied 4 months ago.
We have tried every avenues really. Is there any other options and what would be the implications?
Expert:  frantzgregory replied 4 months ago.

The implication is you become an overstayer and liable to be deported from the UK.

Customer: replied 4 months ago.
The 14 days from expiry, would it count if the application is physically posted on day 14? Would there be no leniency or anything even if I've been with my wife for nearly 10 years?
Expert:  frantzgregory replied 4 months ago.

It makes no difference how long you have been with your wife if applying for ILR. It must be posted before the 14 day expiry.

Expert:  frantzgregory replied 4 months ago.

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