Firstly, try not to get too stressed. There is still 12 months to get into gear.
Personally I don't think it would ever come to worst case scenarios IF some actions would be taken BEFORE visa expiry.
Indefinite Leave to Remain is really about being able to prove that you both have been/are still living together as man and wife within the rules.
Regarding your question. It's a sad fact, but anyone who does not extend their current spouse FLR visa, or actually fails to apply for ILR before expiry, will be classed as overstayer. Illegal immigrant.
Potentially that is a very serious situation, and not one to be contemplated lightly as there are some highly undesirable outcomes.
Theoretical worst case scenario is expulsion from UK followed by a time limit ban on UK re-entry.
Just thinking about some of the actions that can be taken before visa expiry:-
- Consider extension of the FLR as it is significantly cheaper at £500
- talk to the UKBA. They are human and may actually be helpful.
- Talk to your MP
- Talk with the Philippine Embassy about any help they might provide
- The fee can be paid by credit card. If you have one and have enough spare capacity then that could be a good way to pay off at a more affordable monthly rate.
- Loan from friends or family
Has the Life in the UK Test been passed yet ?
If not, then the ILR application cannot be made until that is completed anyway. Any actions in support of the ILR would be pointless. Without it the only option would be extension of the FLR.
A last resort would involve the courts and hinge on European Human Rights. This will need legal representation to fight your corner and present the case and unfortunately will involve money. Either legal aid or some other.
It is very hard on those finding themselves in difficulties and hard times at the moment, but it is only for the moment.
Remember ILR is not just renewing a visa, it's a permanent residence giving a full range of UK benefits.
The UK govt fully realise that visas are priced at market value. The perceived value to the applicant instead of a cost recovery basis.
