Discretionary leave to remain

I was granted discretionary leave to remain in 2004, due for renewal this year, which has now been submitted. I have been in a long distance relationship with someone out of the country and have recently given birth to his child. I would like him to come and join me however the Home Office notified me that a decision for my application could take up to 5 years. My question is:

What application can I make for him to come and join me and his child? At the moment I cannot travel to make a spousal application because my documents are still with the home office and as mentioned above, a decision could take up to 5 years. I do not want my partner to see his child for the first time at 5 years

pmaz wrote:I was granted discretionary leave to remain in 2004, due for renewal this year, which has now been submitted. I have been in a long distance relationship with someone out of the country and have recently given birth to his child. I would like him to come and join me however the Home Office notified me that a decision for my application could take up to 5 years. My question is:

What application can I make for him to come and join me and his child? At the moment I cannot travel to make a spousal application because my documents are still with the home office and as mentioned above, a decision could take up to 5 years. I do not want my partner to see his child for the first time at 5 years

Was the notification a formal letter? Why would it take up to 5 years for an application!!? I am thinking it can't take that long....what would happen to one's ILR timeline?!

pmaz wrote:At the moment I cannot travel to make a spousal application because my documents are still with the home office and as mentioned above, a decision could take up to 5 years.

That should be the least of your worries. You can apply for your passport to be sent back on "compassionate grounds", which should pretty much fit your case. This does not affect your application (although you should make sure that you can get back into the country).

The real problem is how to get a visa for him. I am not sure whether you are in a position to sponsor him. Do you have enough income to support him, or could he get a job? It would be easier if the child is British, but I guess it is not (yet)?

Regarding the lenght of time for the decison, this information was on the acknowledgement letter i recieved from the Home Office. It stated:

"On the 19th July 2006, the Home Secretary announced to the Parliament that the Immigration and Nationality Directorate (IND) had a legacy of some 400,000 to 450,000 case records and that the aim would be to clear them within 5 years. I can confirm that your clients case falls into this category but I cannot give any indication at this stage when it will be processed.

Your clients status and entitlements in this country will remain unchanged until such time as a decision is made on their case."

Regarding the matter of support, i am able to maintain both my partner and my baby as I am working. Although i am on maternity leave at the moment, my employers maternity policy is quite generous. Additionally I am hoping that if he were to come over, he will be able to get a job as well.

There is no automatic provision for someone on discretionary leave to be able to sponsor their spouse, but you can try.

AN application can be made without your passport, if you send your birth certificate and other documents showing your residency and your status.

However, if your leave is up for renewal, there is no way his applictaion would even be considered until you have your leave confirmed. How can he be admitted as a spouse in line with your leave when you have none?

Victoria

Hi Victoria

Would i not be classified as still having leave as the acknowledgement letter states that my entitlements remain unchanged?

You have leave for the purposes of your immigration status in the UK, but not for the purpose of sponsoring others.


Victoria