Help! Wifes Settlement Visa Has Expired! What Do I Do

[JayBpool]

Hi everyone,

Thanks to all the members of this site my wife got her settlement visa 2 years ago. I have just completed the Set (M) form for indefinate leave to remain on completeing ths ready to post i have realised her visa expired on the 03 April 2008!!

We came to England on the 11th May so thought i had until the 11th may 2008 to get the ILR visa.

What will happen? what should i do?

It is my mistake not thinking properly i am going to call the immigration tommorow but hoping someone may be able to tell me what might happen.

I work and we have a 18th month old child so i would be crippled if she had to leave.

What stance will they take with us even though it was a genuine mistake

I have tried callind Davies Khan but he is away hope scouse and other members will let me know what to expect.

Many thanks

JayBpool

[scotty123456789]

fookinhell

Not sure matey, pm scouse, I aint got a clue pal

Scotty.................

[the scouser]

You've got to get the application in PDQ. Your wife will be considered to be an overstayer, so if the application is refused she won't have a right of appeal. However, you might wish to write a covering letter to accompany the application, explaining what has happened.

As your wife did not travel to the UK within 28 days of her visa being issued, she won't qualify for indefinite leave at this point. Instead, she will be given an extra couple of months to bring her up to the 2 years, and she will than have to apply again.

Scouse.

[JayBpool]

Hi thanks

I will call them tommorow and tell them and get it done asap do you know which form i will have to complete i think i saw it on the website i also think it is £595 is this correct as i think it would be best to do it in person to explain if needed.

I will put a letter in explaing as well

Will it then be £950 in a few months for the ILR visa?

It is partly the embassy in Bkk as well as we did say when we was traveling back i remember now when the visa was issued it had already started.

I will let you know what they say

Many thanks

JayBpool

[the scouser]

It is likely that your wife's application will have to be submitted by post as only straightforward applications can be submitted in person. The cost is £395.00 and you need to complete form FLR(M).

Scouse.

[JayBpool]

Thanks Scouse,

i will call them first in the morning

When will i have to apply for the full visa as its going to cost a few quid and wont have the 950 for the visa straigt away after paying for this one.

Thanks

JayBpool

[the scouser]

Probably in a few months' time. When you apply for indefinite leave, you can make a postal application at a cost of £750.00, thereby "saving" £200.00.

Scouse.

[JayBpool]

Thanks every penny helps!

Can i just ask another question we are going to thailand June/July to bring back my wifes son so we will be doing a set visa for him as well i noticed when i completed the Set M form that is says about dependants that are here and applying for ILR if we get back before we complete the indefinate leave would it only cost the 750 for both of them or will i pay double. I also guess if we do visa for step son after she has ILR then i will have to pay another 750 in 2 years?

Thanks

JayBpool

[the scouser]

Yes, your step-son can be included on your wife's indefinite leave application at no additional cost. If he comes to the UK once your wife already has indefinite leave, his visa should grant him indefinite leave to enter the UK, so no further application would then be necessary.

Scouse.

[JayBpool]

Hi just spoke to them,

They say its the set M form to fill out as the flr m should of been completed before the 3rd april. i asked twice about this and she said yes the set M form. So just best to do what they say.

I also asked what could happen if she is declined. She said she would be told to leave the country, she would then have to apply in Bkk for visa to come back to uk. I said we have a child and we are married i work and you say you could send her back to thailand they said yes

Thats F**d up this was a mistake on my behalf, yes it is my fault but come on i am not a bank robber it was an innocent mistake.

Will keep ypu informed what happens!!

JayBpool

[CharlieB]

Hi just spoke to them,

They say its the set M form to fill out as the flr m should of been completed before the 3rd april. i asked twice about this and she said yes the set M form. So just best to do what they say.

I also asked what could happen if she is declined. She said she would be told to leave the country, she would then have to apply in Bkk for visa to come back to uk. I said we have a child and we are married i work and you say you could send her back to thailand they said yes

Thats F**d up this was a mistake on my behalf, yes it is my fault but come on i am not a bank robber it was an innocent mistake.

Will keep ypu informed what happens!!

JayBpool

Hope it goes ok for you. Try and stress that there is a very young child involved, hopefully this will make them a little more lenient than normal.

[the scouser]

The SET(M) form is for applications for indefinite leave. If you complete this form you will be expected to pay the £750.00 fee which seems a waste when it is apparent that your wife will not currently qualify for ILR. I'd submit the FLR(M) and the £395.00 fee complete with a covering letter which explains why it is that form which is being sent.

Your wife is an overstayer and if her application is refused she will not have the right of appeal. She would be expected to leave the UK and return with a new 2-year visa. However, just because she is an overstayer does not mean the application is bound to be refused and the UKBA should look at all of the circumstances before making their decision. It would be extremely harsh to refuse when the relationship is otherwise genuine and the requirements of the Immigration Rules are met.

Scouse.

[JayBpool]

Hi Scouse,

Thank you for the info i called the Imm again and they confirmed that i should complete the FLR M form. So a big thank you twice i was told set M by them so just as well i called just to make sure.

And thank you for your reasurance. Just hope all goes well

Many thanks

JayBpool

[yorkieb]

Hi Scouse,

Thank you for the info i called the Imm again and they confirmed that i should complete the FLR M form. So a big thank you twice i was told set M by them so just as well i called just to make sure.

And thank you for your reasurance. Just hope all goes well

Many thanks

JayBpool

Incompitance, mis-information, rudeness, it just goes on and one. When will we see change from within the BIA/HO. I was listening to an interview on radio 4 this morning with some labour politition babbling on what a fantastic job Jacquie Smith was doing with the BIA. I was wondering if these mimisters really believe the bullsh*t that comes out of their mouths. Or are their heads too far in the trough to care.

Well I wish you luck JayBpool. And for sure you will get more advice and common sense here that from anywhere else.

Yorkie

[JayBpool]

A letter arrived today with our passports back etc

Covering letter said application has been granted BUT!!!

The visa is for 2 years until 2010???? its residence visa but only for 2 years have to apply for ILR 28 days before visa ends???

Why is this, is it because of the overstay??? or is this common now???

She has been here 2 years already because of the overstay we had to apply for FLR m not SET m

So it will be another 2 years before she can get ILR this seems crazy 4 years she will have stayed here by then. I guess it saves me the 750 until then but we have to do it all again then save the 20 letters , bank statements etc.

Or do you think they have made a mistake and issued the wrong visa????

I hope someone knows whats going on

Thanks

JayBpool

[roygsd]

A letter arrived today with our passports back etc

Covering letter said application has been granted BUT!!!

The visa is for 2 years until 2010???? its residence visa but only for 2 years have to apply for ILR 28 days before visa ends???

Why is this, is it because of the overstay??? or is this common now???

She has been here 2 years already because of the overstay we had to apply for FLR m not SET m

So it will be another 2 years before she can get ILR this seems crazy 4 years she will have stayed here by then. I guess it saves me the 750 until then but we have to do it all again then save the 20 letters , bank statements etc.

Or do you think they have made a mistake and issued the wrong visa????

I hope someone knows whats going on

Thanks

JayBpool

Hi

We were in a similar situation but our visa was renewed for 6 montha but we applied after a month and back came the wifes passport with the ILR attached.

As your wife has now been here for the necessary 2 years I belive you can apply now if you wish, I am sure Scouser will correct me if I am wrong.

roy gsd