discretionary leave

[imran01]

Hi,
I have a question to ask about my discretionary leave application,

I am in the UK from last 7 years, i have had stdent visa like till 5 years then i became over stayer, I am living with my girlfriend and her son who is 12 year old from Jan 2010, she is from Czech Republic, she works 25 hours a week and pay tax and NI contribution, she's woring from one year, we wanted to get marride but never tried because of my visa status we were scared, recently on friend advise we manage to out a application for discretionary leave, we have supplied family freinds letter confirming that how close family we are (my girl friend, son and me) and we have thier all support, we have provided Gas and Electric city bills but unfortunatly they for just last one year from June 2010, but faimly frinds had confirm in thier letters that we are living togather from Jan 2010, we also provide her payslip, P60, and out photograph on diffrent family events, we applied through solictor nearly 4 weeks ago but haven't heard anything yet, not even an acknowledgment letter comes yet, our solictor didnot tell us much, he said usually in 2 weeks letter of acknowledgment comes.

Can please somebody tell me, how many chances we have to get DL ?
how does it really works, how long it can take to process the application for DL ?
how long will i have to wait for an acknowledgment letter?

Any help or advise will be helpful.

thanks.
Imran.

[makhtar]

we applied through solictor nearly 4 weeks ago but haven't heard anything yet, not even an acknowledgment letter comes yet, our solictor didnot tell us much, he said usually in 2 weeks letter of acknowledgment comes.

look like your solictor is from Ilford or but u sound like from birmigham.

anyways.... theres a huge back log now a days , as lot of people went for marriage route after the stoppage of CoAppr. keep calm and stay togahter. may be u will have to go through Court procedures to get DL as ukba are deaf on these matters and just follow the formulas.

but good luck, and dont spend your money to pay solicitor plotts ands plazas back home.

good luck man.

[imran01]

thanks alot for all you,

the reason i cannot apply for EEU family permit is because first of all i am not marride and 2nd thing i don't have 2 years living togather proof in papers,

i got the acknowledgement letter last friday, can somebody please tell me
or give me any idea how long it can take to get a final decision on my application and is there a chance that i'll get DL one the basis i have describe in my orignal post ?

thanks alot

[ajmal]

thanks alot for all you,

the reason i cannot apply for EEU family permit is because first of all i am not marride and 2nd thing i don't have 2 years living togather proof in papers,

i got the acknowledgement letter last friday, can somebody please tell me
or give me any idea how long it can take to get a final decision on my application and is there a chance that i'll get DL one the basis i have describe in my orignal post ?

thanks alot

Why you are hesitate to get married? The law is now changed and any body can marry regardless of his immigration status

[Obie]

I am very puzzled, as to why your solicitor adviced that you apply for Discretionary leave on the basis of your relationship.

Compassionate factor in your relationship will be given a more favourable consideration under the EEA regulation discretionary power in Regulation 17(4) than would be afforded to you under the discretionary power stipulated under the immigration rules.

Further more, there is no provision in the UK immgration rules that partners of EEA national can be afforded DLR under the national rules.

It is not strictly speaking right, that you have to have been in a durable relationship for 2 years to qualify. An extensive examination of all your circumstance has to be undertaken, and a justified explanition for any refusal of entry or resident must be provided, something that is not provided for under the immigration rules.

The other down side is, because you applied under national rules, there is a possibility you will not be afforded any right of appeal, in the event of the application being refused, as you don't have existing leave.

[No_marriage_certificate]

thanks alot for all you,

the reason i cannot apply for EEU family permit is because first of all i am not marride and 2nd thing i don't have 2 years living togather proof in papers,

i got the acknowledgement letter last friday, can somebody please tell me
or give me any idea how long it can take to get a final decision on my application and is there a chance that i'll get DL one the basis i have describe in my orignal post ?

thanks alot

then you can do what they call "marriage in absentia" from your home country.....it works like magic!!!

Basically what "marriage in absentia" means is that your family and your wife's family will sign marriage certificate abroad without both of you being there...stating that they agree to the union......its a bit like what you call "Native Law and Customs". that is accepted as full proof of marriage....hence you dont need any 2years together garbage of proof....do u understand me?

[PaperPusher]

Marriages by proxy may not always be recognised in the UK.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Their families may also not live in the same country.

thanks alot for all you,

the reason i cannot apply for EEU family permit is because first of all i am not marride and 2nd thing i don't have 2 years living togather proof in papers,

i got the acknowledgement letter last friday, can somebody please tell me
or give me any idea how long it can take to get a final decision on my application and is there a chance that i'll get DL one the basis i have describe in my orignal post ?

thanks alot

then you can do what they call "marriage in absentia" from your home country.....it works like magic!!!

Basically what "marriage in absentia" means is that your family and your wife's family will sign marriage certificate abroad without both of you being there...stating that they agree to the union......its a bit like what you call "Native Law and Customs". that is accepted as full proof of marriage....hence you dont need any 2years together garbage of proof....do u understand me?

[imran01]

Hi, thanks for the reply, I really have no idea why my solictor advise me to go on with discretionary leave application....anyways, i have heard the bad news from him today that my application for discretionary leave has been refused, i don't know the resons home office mentiond in refusal as my solictor refused to see me today, i'll be able to get the refusal latter by tomorrow....

Can you or someboday advise me what shell i do now? the reason i am not marride with my partner is because we have watched program on TV the how UKBA ppl come on weddings and take people, she is scared more then me to face something like this on our wedding day thats why we never attempt to get marride though we planned to get marride after i got some legal status, anyways guys please advise me,

if i can make application as un-marraide partner of the basis of my relationship ?

i'll be seeing my solictor tomorrow and i am not sure what he is gona advise me, or what options he is gona give me, So, if is there anything u guys wants me to tell him to look for ?

Thank you so much in advance..

I am very puzzled, as to why your solicitor adviced that you apply for Discretionary leave on the basis of your relationship.

It is not strictly speaking right, that you have to have been in a durable relationship for 2 years to qualify. An extensive examination of all your circumstance has to be undertaken, and a justified explanition for any refusal of entry or resident must be provided, something that is not provided for under the immigration rules.

[imran01]

Hey guys,

So today i got my refusal letter for my discretionary leave application, it didnot say much but

" you applied for leave to remain outside the immigration rules as the partner of an EEA national but u have been refused.

The secetary of state is not satisfied that leave to remain is being sought for the perpouse covered by the immigration rule.

You didnot have leave to remain by the time u apply for DL.

There is no right of appeal against this refusal.

This doesn't affect any rights you may have under European Law.

IT is open to you to apply on EEA2 form avalible on ukba website....., otherwise you must make arrangments to leave the UK. "

there is one more strange thing, Home office has returned all my documents with my refusal even with my passport in which i have no further leave. does it means anything ?

Guys as you can see from my orignal post that i am living with my girlfreind from JAn 2010 i have bills living togather profe from Jun 2010 but i do have tanency agreement which show that she joine me on my address in Jan 2010, all togather its almost 20 months profe i have already provided my solictor for my app to DL, anyways,

Can someboday please advise me, Am i in a position to apply on EEA2 as an unmarried partner with any chances of success?

my solicetor is not avalible to see me another 10 days, am i on risk to be taken by ukba from my home ?

last thing, i am broke as i already had paid too much to my solictor so can i make EEA2 application on my own ?

Please guys give me some advise.

Thanks to all.

Hi, thanks for the reply, I really have no idea why my solictor advise me to go on with discretionary leave application....anyways, i have heard the bad news from him today that my application for discretionary leave has been refused, i don't know the resons home office mentiond in refusal as my solictor refused to see me today, i'll be able to get the refusal latter by tomorrow....

Can you or someboday advise me what shell i do now? the reason i am not marride with my partner is because we have watched program on TV the how UKBA ppl come on weddings and take people, she is scared more then me to face something like this on our wedding day thats why we never attempt to get marride though we planned to get marride after i got some legal status, anyways guys please advise me,

if i can make application as un-marraide partner of the basis of my relationship ?

i'll be seeing my solictor tomorrow and i am not sure what he is gona advise me, or what options he is gona give me, So, if is there anything u guys wants me to tell him to look for ?

Thank you so much in advance..

[vinny]

They will probably refuse you again.

[imran01]

thanks for the reply,

will they give me right of appeal on eea2 ?

is there any other advise ?

thanks again.

They will probably refuse you again.

[imraniqbal2010]

thanks for the reply,

will they give me right of appeal on eea2 ?

is there any other advise ?

thanks again.

They will probably refuse you again.

If you are planning a long term relationship you got to married with your partner,otherwise I assume you will get refusal again on durable relationship.As you have no paper proof otherwise it might be just a wastage of time.

[imran01]

Thank u so much for the reply, as i said we were and we do want to get married but we are scared to see ukba people on our wedding day to embarce us, but i guess now we will have to take that risk, one of my friend advise me,

if we put application as an un-married partner and once we received an acknowledgment letter then go for wedding incase ukba show on our wedding then they won't be in any position to remove me, ofcourse our relationship is 100% genuen so after doing there investigation they will have to let the wedding go on, does it sounds good or the best option for me ?

Thanks again.
Imran.

If you are planning a long term relationship you got to married with your partner,otherwise I assume you will get refusal again on durable relationship.As you have no paper proof otherwise it might be just a wastage of time.

[imraniqbal2010]

Yea,sounds good