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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Hi I think I have a problem, I have (had) a spousal visa and

Customer Question

Hi I think I have a problem, I have (had) a spousal visa and live in the UK with my husband and daughter (both british). I have just discovered that my initial 2 year visa has already expired (in Feb) and I am in a panic - I simply completely forgot about it (for some reason I had it in my head that the initial visa was for 5 years before ILR could be applied for). I am so worried now as it was an oversight and I am completely settled here, I am a company director and my business would have serious problems if I had to suddenly leave the UK. (I am Australian)
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

You should submit the ILR application on form SET M immediately. You need to do this ASAP as you are an overstayer and should have done this before the visa expired.

As long as your marriage is subsisting and you can provide supporting documents about your family and financial circumstances then the Home Office should issue you with ILR. The sooner you submit your application the better your chance of success.
Customer: replied 3 years ago.

Thanks Alex, I will do that immediately. One question I do have is that I read that any application I make will automatically be refused now - because of the time that has passed (3.5 months since expiry). Are you suggesting that I may be able to appeal that or ask for discretion to be applied?


Expert:  Alice H replied 3 years ago.
Correct. You have to submit the application to get to that stage. No application = no consideration. I suggest a short covering letter to explain the delay and confirming that your circumstances have not changed.