Newbie

[cheekee]

I don't know why you left your wife's passport renewal so close to the required time to apply for ILR. It would have been better to apply earlier. Did you at least take a copy?

In the case of our recent FLR-M application there was a question about whether or not you can supply the passport and if not state reasons why. You might be better off stating that it hasn't arrived if it doesn't come in time. Did you get a receipt for the passport application from the Philippine Embassy? Maybe submit that as evidence with a note you will supply the passport as soon as it arrives.

I would get specialist advice if I was you. You can't in any circumstance let your wife's visa expire.

[grahamw48]

Good advice.

[jonnyjames2]

Thank you Graham

Yes, we do have a receipt of our payment too
My wife still has her original passport
I phoned them earlier today and was informed that they will send me a message as soon as it comes into Phil Embassy. So we just have to sit and wait

Best wishes

[cheekee]

In that case if the new passport doesn't arrive in time submit the old passport and receipt for the new one and explain why you can't supply the new one.

Better that than let the further leave to remain expire.

The old passport could still be considered valid in terms of the ILR application. The timing can be explained by the passport expiring close to the time of the ILR application and FLR expiration.

[jonnyjames2]

Hi all

Before we apply for ILR

You may need to pass the Life in the UK test as part of your application. Read the Life in the UK guidance to find out more about the test and whether you are exempt.

We have her new passport now

Does my wife need to do this test 1st?
Thanks
JJ

[raynaputi]

Yes.

[jonnyjames2]

Thank you Rayna for your reply

What are the limitations past the end of her application after her visa had expired, which ended 4th Oct 2018?

We are now 20 days overdue

Can she still have a chance to get her ILR or is it too late now?

Regards
JJ

[raynaputi]

Her ILR application will be refused. You really don't have any choice since it's already expired. Better get an immigration solicitor to help you and explain to you further your options. The members here prepare for such visa applications a year before the expiration to make sure they won't have any problems when application time comes.

Your wife is considered as an illegal now at the moment. She doesn't have a valid visa to stay here. I'm sorry to say but you can only blame yourselves for not preparing for this so much earlier than required.

Read this: https://www.freemovement.org.uk/over...pplying-leave/

[cheekee]

According to the guidance used by UKVI, the only time an ILR application will be considered when the current visa has expired is in exceptional circumstances. Like bereavement..

I don't think your case falls under any exceptional circumstance. As Rayna says, your wife is now an overstayer with no good reason for it.

You should have started thinking about the ILR at the time of getting the last FLR. I don't understand why you left something so important so late.

[cheekee]

Now if she is unwell and needs to go to hospital, it will flag up on the computer system that she is unentitled to NHS treatment except for emergency treatment in A & E. If she's admitted to hospital she will be charged for treatment.

[Michael Parnham]

The whole thing seems very strange to me, why was it left so late?

[jonnyjames2]

Maybe I'm getting desperate I'm grasping at straws here ?
Seeing that I'm originally an Irish citizen
I will try to find out if my wife could join me on this status too ?

[jonnyjames2]

Is it too late for my wife to apply for an extended by spouse visa for 2 years ?

[raynaputi]

You need to contact an immigration solicitor asap and seek for their help.

[jonnyjames2]

You need to contact an immigration solicitor asap and seek for their help.

Thank you Rayna

[Michael Parnham]

Thank you Rayna

Good luck

[jonnyjames2]

Thank you Michael

[jonnyjames2]

It looks like we may have blown our chances ?
Any idea what could happen next?

As an Irish citizen are we protected under EU law here in England in regards to our human rights to our husband and wives ?

Before we run out of options

[raynaputi]

As I've said before, contact an immigration solicitor now so they can explain to you what your options are, if there's any. We can't help you more.

[jonnyjames2]

Hello Rayna
You have been a champion help to us
Last night we went to see an immigration lawyer, he told us that we have 28 days from the 4th of October to complete our application
Also we can finish the ILR application form and send life in the UK appointment later, with a footnote pointing this out
Regards with thanks
J.J.

[jonnyjames2]

Oh dear it looks like this lawyer from last night hasn't kept up to date on the immigration rules
From what he told me in my message above it could be wrong it seems to be 14 days only
I wish I could find out somewhere for sure?

[raynaputi]

Read my post #38. There's the link.

[cheekee]

It's been 14 days since the last change in the rules sadly.

[jonnyjames2]

Yes it is sad, we had our chance, and then we blew it all away with our delays.
Any idea when will they send in the goon squad to separate my wife and I away from each other ? 😢

[raynaputi]

She needs to leave the UK as soon as possible voluntarily and at her own expense. If she waits to be caught, then she'll have the worse outcome.

Immigration consequences of overstaying

Overstaying can also have long-term consequences for an individual’s future in the UK. Individuals who overstay in the UK may be subject to a re-entry ban under rule 320(7B) of the Immigration Rules.

Under rule 320(7B), overstayers are normally barred from re-entering the UK for at least one year, unless they overstayed by less than 90 days and left the UK voluntarily at their own expense. The ban extends to two years, five years or even ten years in some circumstances.

[jonnyjames2]

Thank you Rayna
Yes your post is correct

I just came across this information just recently
What do you think of this below ?

Get help to return home if you’re a migrant in the UK: Who can get help?

-.GOV.UK
https://www.gov.uk/return-home-voluntarily/who

Regards
J.J.

[raynaputi]

Thank you Rayna
Yes your post is correct

I just came across this information just recently
What do you think of this below ?

Get help to return home if you’re a migrant in the UK: Who can get help?

-.GOV.UK
https://www.gov.uk/return-home-voluntarily/who

Regards
J.J.

Yes, you can contact them.

[jonnyjames2]

My wife got a HO letter today
She has to leave the UK within 7 days or they will issue a 90 day notice and they will knock on our door anytime to put her into a holding deportation tank

[SimonH]

My wife got a HO letter today
She has to leave the UK within 7 days or they will issue a 90 day notice and they will knock on our door anytime to put her into a holding deportation tank

Make sure she's gone within 7 days or there's very little chance she'll ever be allowed back.

I know retrospect is a wonderful gift but maybe things would have been different if you'd have given the whole story at the end of August as was suggested, instead of procrastinating.

[jonnyjames2]

Simon H

I think you need to back off and try to have some understanding that some people can at times have more problems when they are going through some rough times with all these immigration rules that are constantly changing.

I'm not getting any younger either. If I was to tell yo the whole story, I don't know if you could handle it?