on August 10, 2022
Our client, an Indian national, had accidentally missed the deadline to extend her spouse visa. She had mistakenly applied for a biometric residence permit (BRP) replacement rather than for a spouse visa extension. The Home Office only replied to her after six months, which meant she had overstayed her visa for over six months.
Our client sought advice regarding her immigration status after she had recently been informed by the Home Office that she had made the incorrect application and would urgently need to make the correct application.
During our initial consultation, we reviewed her previous communication with the Home Office, and it became immediately clear that she had submitted the wrong application. However, given her follow-ups with the Home Office, it was also clear that this was not a deliberate attempt by our client to mislead the Home Office or to gain an unfair advantage.
We advised our client on the types of documents needed for the application. She advised that she had these at hand, as she had already done some research into this, and it would therefore be easy for her to provide the documents. We arranged a further appointment to complete the visa application form with her, along with our legal representations.
After a period of four weeks, the Home Office notified us that the application had been successful and more importantly, the client’s route to settlement remained unaffected. This meant that she could apply for indefinite leave to remain at the next stage, rather than having to wait 10 years before becoming eligible.