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chatham-chamber
chatham-chamber, Solicitor
Category: Immigration Law
Satisfied Customers: 13388
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Quick question, my Wife's UK spouse visa expired on 16 Oct

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Hello, quick question, my Wife's UK spouse visa expired on 16 Oct 2019. she has completed the 5 year route and we are applying for the Indefinite leave to remain. we started the online application back in September but have not suibmitte it yet online.
JA: 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: I heard from a friend that she may now be considered as overstaying her Residence permit, i need to know if thats correct and what can be done
JA: Have you talked to a lawyer about the family visa?
Customer: previously yes but not now, as we usually apply online directly
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no, please connect me

Hi,

Thank you for your query. Can you confirm that the Visa expired on 16th October 2019 and no application has been submitted to the home office

Customer: replied 10 days ago.
Yes I confirm that on her Residence permit card, it states valid until 16 Oct. we started the online application Set (M) but have not completed and submitted it yet.
Customer: replied 10 days ago.
I just need a quick answer for now please. cannot talk at the moment
Customer: replied 10 days ago.
please let me know if she is now considered an overstayer and what do I need to do if that's the case.

Hi,

In short, yes she is technically an overstayed and this will.affect her application for citizenship.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 10 days ago.
thank you. I may need to have a conversation on the phone tomorrow to see what steps i need to take. thanks for your help.

It's a pleasure.

I have proposed a call.

Customer: replied 9 days ago.
Hi, I Spoke to frantzgregory from your team yesterday and he advised me to complete the ILR set (M) application ASAP. I did complete and submit the application last night but today i called an immigration advice line and they said it was wrong to have submitted the ILR application as the visa had expired since 16 Oct and the correct application to submit is FLR (m). it seems i was given wrong advise, please clarify.

Hi,

If the Visa expired on 16 October, the form would be FLR M. I hope this answers your question. If so, kindly rate the answer and provide feedback.

Many thanks

Customer: replied 9 days ago.
Sorry but this contradicts the advise i got yesterday when i spoke to frantzgregory on the phone. He advised me to complete the IRL form Set (M) and not the FLR. Why was i advised to submit the Set M form for IRL despite clearly explaining my situation. Could u please clarify.
Customer: replied 9 days ago.
I am very concerned now that i am receiving conflicting advise. I need to know how to proceed now, given that i submitted the IRL set M application yesterday. Thanks

Hi,

I cannot comment in what was said to you on the telephone by another person. I can only comment on the thread above. If your wife is applying after her previous Visa expired it would be FLR M as tbos would become a discretionary application.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

many thanks

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