Overstayed spousal visa - expired 9 January

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Old Jan 14th 2019, 9:32 am
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Default Overstayed spousal visa - expired 9 January

hello I am hoping to seek some advice. I stupidly thought my visa expired at the end of January and it appears it expired January 9th. I have 6 month old twins and have been struggling with mental health and time has just slipped away from me.

can anyone tell me realistically what I am looking at? I’m trying to phone every solicitor in the area but I’m still waiting on someone to phone back. I’m also going to head to citizen’s advice this morning.
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Old Jan 14th 2019, 10:26 am
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Default Re: Overstayed spousal visa - expired 9 January

Originally Posted by mayb View Post
hello I am hoping to seek some advice. I stupidly thought my visa expired at the end of January and it appears it expired January 9th. I have 6 month old twins and have been struggling with mental health and time has just slipped away from me.

can anyone tell me realistically what I am looking at? I’m trying to phone every solicitor in the area but I’m still waiting on someone to phone back. I’m also going to head to citizen’s advice this morning.
Hi again May. I'm glad you're going to see someone at the citizen's advice service and I hope they can help. This is only a thought as I'm in no way qualified to offer advice re matters such as this, but I do note the following paragraph related to applications from overstayers in the UK Immigration Rules, updated 10 January 2019:
https://www.gov.uk/guidance/immigrat...stay-in-the-uk

39E. This paragraph applies where:
  1. (1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time;
I believe this would be well worth following up, especially if you have/can obtain evidence of the mental health issues you've been experiencing. I hope others with sufficient knowledge will be along to offer further suggestions, in the meantime I wish you the very best of luck.
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Old Jan 14th 2019, 11:32 am
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Default Re: Overstayed spousal visa - expired 9 January

Thank you for directing me towards that.

Im trying to figure out if paying a lawyer would help my case any further as it would put us in serious debt.

im confident l can get letters from my health visitor and gp confirming the mental health issue also the fact that my babies haven’t slept more than 2 hours in a row for about 2 months now.

Last edited by mayb; Jan 14th 2019 at 11:39 am.
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Old Jan 14th 2019, 11:38 am
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Default Re: Overstayed spousal visa - expired 9 January

Originally Posted by mayb View Post
Thank you for directing me towards that.

Im trying to figure out if paying a lawyer would help my case any further as it would put us in serious debt.
How did you go at citizen's advice, maybe they know of of community (not for profit) legal service that could assist you with an application under the rule I quoted? I would think having an experienced immigration solicitor would help for this type of application, but I realise that not everyone can afford that expense.

Last edited by spouse of scouse; Jan 14th 2019 at 11:41 am.
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Old Jan 14th 2019, 3:19 pm
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Default Re: Overstayed spousal visa - expired 9 January

Originally Posted by spouse of scouse View Post
How did you go at citizen's advice, maybe they know of of community (not for profit) legal service that could assist you with an application under the rule I quoted? I would think having an experienced immigration solicitor would help for this type of application, but I realise that not everyone can afford that expense.
they weren’t very helpful at all, but after a bit of further research and speaking to a few immigration lawyers I think I will be ok to submit the application myself. Basically they would just be reviewing my documents and typing up a cover letter for me.

does anyone know the turn around time for the extension visa applications? Do I need to call immigration and let them know?
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Old Jan 14th 2019, 3:32 pm
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Default Re: Overstayed spousal visa - expired 9 January

Originally Posted by mayb View Post


they weren’t very helpful at all, but after a bit of further research and speaking to a few immigration lawyers I think I will be ok to submit the application myself. Basically they would just be reviewing my documents and typing up a cover letter for me.

does anyone know the turn around time for the extension visa applications? Do I need to call immigration and let them know?
If you're doing the application yourself, make sure your cover letter quotes the relevant 'overstayer' immigration rule that you're applying under. I would think that evidence from your treating doctor regarding your mental health would also be necessary.

Sorry, no idea of the processing time for this type of application. But common sense dictates that, as long as submit your application within 14 days after your visa expired, then you'd be ok to remain in the UK until a decision is made.
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Old Jan 14th 2019, 3:44 pm
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Default Re: Overstayed spousal visa - expired 9 January

Originally Posted by spouse of scouse View Post
If you're doing the application yourself, make sure your cover letter quotes the relevant 'overstayer' immigration rule that you're applying under. I would think that evidence from your treating doctor regarding your mental health would also be necessary.

Sorry, no idea of the processing time for this type of application. But common sense dictates that, as long as submit your application within 14 days after your visa expired, then you'd be ok to remain in the UK until a decision is made.
thank you for the advice, quoting the immigration rule is a great idea I had not thought of. My heath visitor is typing up a letter at the moment and I’m going in to see my gp first thing tomorrow morning.
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Old Jan 14th 2019, 3:47 pm
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Default Re: Overstayed spousal visa - expired 9 January

Originally Posted by mayb View Post


thank you for the advice, quoting the immigration rule is a great idea I had not thought of. My heath visitor is typing up a letter at the moment and I’m going in to see my gp first thing tomorrow morning.
You're very welcome, I hope your application is successful and your health improves.
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