4 replies to this topic

[ashmath]

Good Evening,

I know there is a very good chance nobody but I have just returned home to a bombshell that has threatened to cancel Christmas.

My wife's FLR expired on 17th November and we got her application for ILR in on the 16th.  We had prepared this application well ahead of time because we both both going to visit her family in Peru between 21st Oct and 12th Nov and therefore everything had to ready to go the moment we returned.

It does appear however that we planned to far ahead.  We printed the forms off in late Sept, early Oct and began filling them.  Given the trip we were due to take this hardly felt excessive. Only today have we realized that Set M has become Set O and they have got back to us saying our application is invalid.  This is obviously a very serious issue and I am very concerned because my wife is now an overstayer.

Now I have read information in the past where applications have been declared invalid but the accompanying letter is surprisingly brief basically advising us to send a new application. It certainly doesn't state get out of the county.  However this just may be a generic letter.

I am going to seek some legal advice but as it is now Christmas understandably everybody will be shut down.  In the interim I am hoping somebody can clarify or provide further information on what they believe her current status to be.  And if you can't, may i thank you for looking and wish you a merry Christmas nevertheless.

Thanks,

Ashley.

[ashmath]

I can see I am getting my knickers in a not as I try to get my head around the problem.  To clarify we filled in a set M which is what me need however we used the 07/2012 version which they say expired in 06/10/2012.  And now looking at the ukba I can see they have updated it again for applications after 13th December.

[SteveG]

Hi,

Don't panic! Simply submit a new application using the latest SET(M) which you can find here: http://www.ukba.home...tionformset(m)/

It should be fine - explain on the cover letter that you applied in time and the application was rejected as you mistakenly used the previous version of the form. It shouldn't be a problem.

Hope you get this before Christmas day - don't let it ruin your Christmas.

[ashmath]

Thank you very much, Steve, that is such a relief to hear - you're our own Xmas angel.

Would this, should this have any affect on her employment?  Will she need to let her employers know?

Ashley.

[SteveG]

It could have an impact on your wife's employment - she technically doesn't have any status because her visa has expired and she has no pending application so she can't rely on having submitted an application before her leave expires. Her employer should ask her about her visa application anyway because they have a duty to conduct repeat checks.