Sherry lived with her British husband in the UK for five years. She had a valid spouse visa throughout that entire time. Sherry was aware of when her visa was expiring, and she knew she had to make an application before it expired.
If the application was undecided by the expiry date, she knew her lawful residence would continue until a decision was made and so she filled in an online form and paid the £1,349.20 fee.
However, she made a mistake: that is the cost for an application for naturalisation as a British citizen— not ILR (the fee for which is £2,389 plus £19.20 for biometrics). Sherry had accidentally applied for citizenship and not settlement. The Home Office refused Sherry’s application for citizenship – and by then, her visa had expired.
Sherry was now in the UK unlawfully. The correct thing to do by the letter of the law would be for Sherry to leave the UK and apply for fresh entry clearance. She will need to live in her home country, separated from her husband for an indeterminate period, and risk refusal due to having overstayed.
If Sherry had she made any other type of immigration application other than citizenship, she would have been allowed to make a fresh application within 14 days. Shery’s case highlights the importance of taking care when applying for leave to remain.
Scarsdale Solicitors – Manchester, Rochdale and Oldham
For advice on immigration issues from local experts, call the team at Scarsdale Solicitors Manchester, Scarsdale Solicitors Oldham & Scarsdale Solicitors Rochdale. We are proud to be there for clients in the Rochdale, Oldham and Manchester areas. We combine unparalleled expertise in legal matters with the highest level of customer service. If you need assistance or help from Rochdale immigration solicitors, Manchester Immigration solicitors or Oldham immigration solicitors, call us today on 0161 660 6050.
