How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Immigration Warrior Your Own Question
Immigration Warrior
Immigration Warrior, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 31
Experience:  Immigration Consultant/Supervisor at Chatham Chambers solicitors
106663647
Type Your Immigration Law Question Here...
Immigration Warrior is online now

I just realized that my spouse visa expired about 20 days

Customer Question

Hi, I just realized that my spouse visa expired about 20 days ago, what options do I have? I be stayed on spouse visa in UK legally for past 5 years and about to switch to ILR
Assistant: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: my citizenship is Canadian, I am currently living and working in UK
Assistant: Have you talked to a lawyer about the family visa?
Customer: No yet
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: what else should I provide?
Submitted: 11 days ago.
Category: Immigration Law
Expert:  Immigration Warrior replied 11 days ago.

Hi

Further to your question, she will need to make an application for further leave to remain in the UK as the spouse of a British National instead of ILR. You can only apply for ILR if there were exceptional circumstances as to why you were late in applying, which there does not seem to be in your circumstances.

This application will only be accepted at the Discretion of the Home Office and she will be put on the 10 year route to settlement as she has become an overstayer. If you have children in the UK who are dependent on you then you have a higher chance of success. Please do include as much evidence as possible of your life in the UK.

The alternative would be to go back to Canada and apply for Entry clearance again as the spouse of a British National.

I hope this answers your question.

Kind Regards

 

Customer: replied 11 days ago.
Hi, I have studied FLR M applications , but we have no children yet, though my wife is undergoing fertility treatment and my presence is a must. When I re apply, either within UK or back in Canada, should I confess my overstay history in filling the form? How much chance do I have to give FLR a shot? If the chance is quite low, I’m ready to go back to Canada, but it’s taking time to get tickets and documents, I’m inevitably breaching the 30 day leave rule
Expert:  Immigration Warrior replied 7 days ago.

Hi

Further to your e-mail, if you apply for further leave to remain your chances of success will be around 50% depending on the evidence provided in relation to the fertility treatment and why it is essential for you to stay in the UK.

In relation to the confession of overstaying the Home Office will already be aware of the same but is essential that you declare the same otherwise it will be seen as deception.

If you decided to go to Canada to apply your previous overstaying will be disregarded under the Rules of Appendix FM.

I hope this answers you questions, however if you would like any further information, I can arrange a telephone consultation with you.

Kind Regards