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Senior Partner
Senior Partner, Solicitor
Category: Law
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Experience:  Solicitor with more than 30 years experience
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My wife is from China her visa ran out in December 2012. I

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My wife is from China her visa ran out in December 2012. I was getting the paperwork ready to apply for another visa when we had a miscarriage at 12 weeks. My wife became pregnant again and we had a baby on 20th November 2012. I have been meaning to get it sorted out since then but with my wife being ill for a short while and the car breaking down twice and costing a lot to repair I have not been able to sort it. it is now been over a year and I am not sure how to sort it out anymore. Any help would be appreciated.
Senior Partner
Hi thanks for your question. When did your wife come to the uk? How long have you been married. on what basis did she enter the UK?
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Customer: replied 4 years ago.

My Wife and her son (now 13) came to the UK on 29th November 2010 on a two year spouse visa which ran out on 6th December 2012. We were married on 8th January 2010 so we have been married four years.


 


Many Thanks


 


Peter Bird

Thanks. Because your wife's visa has long expired the correct way to rectify the problem is to leave the country of her own choice - she is currently here illegally- and reapply to enter on a spouse visa.

I appreciate that may not be a very attractive option but that is none the less the only way to deal with things within the rules.

You can in the alternative apply for a new spouse visa in the UK on discretionary grounds particularly if her son eis in school here and I assume after 3and 1/2 years you have established a family life here.

They may grant it - if they refuse and try to deport her you should be able to resist that on grounds that she and her son have established a family life here but it is not guaranteed.

I you want to apply here then she should apply on form FLR(0) as she is not eligible to apply for an extension of here spouse visa since that has no lapsed by some considerable time.
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience: Solicitor with more than 30 years experience
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Hello,

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Thank you,
Nicola
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