Discretionary Leave to Remain

Do I have circumstances worthy of approval?

My wife of 3 years is a British national, I'm Australian (entered the UK on a standard 6 month holiday visa on the 28th April 2014) and our 1yo son (born in Australia) has just received his British passport (I sponsored my wife in Australia for the last 3 years of our 5 year relationship).

Her father has advanced MS (diagnosed 17 years ago) which has progressed a lot since we were here last and has pretty much become wheel chair bound and is dependant of his wife (my mother in law)

My mother in law is his full time carer and needs to have a knee replacement and is struggling because of it however cannot have the surgery because it will put her out of action for a few months. My wife wants us to stay as we're concerned for their health and well being.

Do I have a case for discretionary leave to remain?

Thank you kindly for your time.

Perhaps, however; does your spouse work and do you have any savings?

Hi Amber,
My wife works full time (contract at 19k per year started 30th June) but we only have 2k savings.

Well it's up to you, if you apply from abroad when you meet the Financial Requirement then you should be granted spouse leave to enter under Appendix FM. Alternatively one may consider the 10 years family life route.

Hi Amber, I didn't really want to leave my family for 2 months (until she completed 6 months full time work in the uk) and apply from Australia.
Could I get the discretionary leave to remain whilst in the Uk so we didn't have to separate?
Could you please elaborate on the 10 year family life route?

Ideally we want to apply whilst I'm here in the uk.
Thank you very much for your help

Jtboza wrote:Hi Amber, I didn't really want to leave my family for 2 months (until she completed 6 months full time work in the uk) and apply from Australia.
Could I get the discretionary leave to remain whilst in the Uk so we didn't have to separate?
Could you please elaborate on the 10 year family life route?

Ideally we want to apply whilst I'm here in the uk.
Thank you very much for your help

They are pretty strict about people not applying to change visa category while on a visitor visa. Otherwise, loads of visitors would try to change and flaunt the rules they have in place. I think you would be most successful applying once you meet the financial category. I the end, it would probably take the least amount of time, effort and money. Discretionary applications can take months or years to sort out. They often involve lengthy appeals and the involvement of solicitors.

My advice is to go back to Australia and apply from there at the end of your visitor visa and once your wife meets the 6 months in work requirement. Remember: you would not be allowed to work at all during the drawn out process of applying for discretionary leave. As you said, a spouse visa would take 2-3 months to sort out. DL (of any sort) would take probably 1-2 years...

Thanks again Amber you've helped immensely and really put things into perspective for us, we're going to take your advice and apply from Australia.
Even though I'll be away from my wife and 1yo son for 2 months we're grateful that we're in a position to get the spouse visa when so Many others would do anything to be in our position.

Thank you for being so generous with your time and knowledge I'll donate £10 to kiva in your honour.