DP3/96 AND WAITING TIME

I applied for my leave to remain (DP3/96 concession) in the Uk in Sept 2004, based on being married to a british citizen for 6 years now with 2 kids. I recvd an acknowledgement letter from the home office 3 weeks after and i'm still waiting since 2004 for a decision on my application. I asked my MP to intervene on my behalf 3 months ago but still no response from the Home Office.

Anyone ever being in this situation pls advise on the waiting time and the success pls?

Hi
The waiting time can be very lengthy. It would be best to withdraw the application and go back to your own country and apply for a spouse visa. Read the criteria from this forum.
DP3\96 is a concession and it's very difficult to win a case base solely on this policy. I was relaying on one of the ground in my appeal which is DP3\96 but I won on 14 years long residency hence my appeal was allowed and I have now been granted ILR. The judge mentioned that he accepts my marriage is genuine and subsisting but I do not meet the requirement because I was an overstayer when I got married to my British wife.
The rule for DP3/96
1] The marriage is genuine and subsisting
2] No deportation order issue predating 2 years period
3] This is the hardest one to prove - why you cannot go to your own country to apply for entry clearance. You need to prove that your case is an exceptional one.
I know this is not the answer you want to hear but this is my experience.

Many thanks for your reply. I was advised by my solicitor that my case is a strong one that STRONGLY FITS THE DP3/96 concession becos:

1. My Visa had not expired before I married a British Citizen. The reason why it took long to apply for my leave to remain was that I misplaced my passport and it was diifucult getting a new passport from my embassy in London.

2. My two kids have got health problems and they need constant check-ups with their consultants at the hospital over here.

What do you think?

PLS COULD YOU ADVISE ON EXACTLY HOW MANY YEARS OR MONTHS IT TOOK THE HOME OFFICE TO DECIDE YOUR APPLICATION OR ANYONE IN A SIMILAR SITUATION?

THANKS

I know two persons who waited three years , I think its best to go home and apply. I am in my home country awaitng my application after waiting a year and 7 months i just got fed up and went home to apply.

Hello Keni,

I'm in a similar situation. I'm married to a UK resident, applied for FLRM (as was advised by HO case worker!!) in May 2004, and received a refusal in March 2006 (only after writing to MP TWICE, and then making an appointment to see him). Made the appeal within 10 days of receiving the refusal, and got a hearing a hearing date in early April. Not enough notice to get an IAS registered lawyer to represent us, and our own lawyer said that we should go back to country of origin to apply, because we're more likely to be refused at the appeal, because I've considered to have broken the immigration rule, having entered the country without a marriage visa before hand, in 2002.

...sorry, can't write more..my son's giving me trouble now!!...

Your marriage did not last for two years, could you prove that you have been in a relationship for two years or more before you got married.

to be continued...

FYI, I had a deportation order, IS151A issued which predates less than 2yr period, though I never received the notice, only mentioned verbally. However, I was allowed to stay temporarily and was issued with an IS96.

If only I had found this forums earlier..then surely I would have applied for a spouse visa from my home country. Unfortunately, due to bad/wrong advice...ALL FROM SO CALLED EXPERTS WHO WORKS IN EITHER HO OR WERE SOLICITORS THEMSELVES!), I applied within the UK. A solicitor made the application for us. When it was refused, he asked if we have any strong medical grounds to stay in the UK, but we haven't, and so, I'm back in my own country now, with my 19mth old son, having lived together with my husband for 5 years in the UK.

We're currently putting our documents together as evidence, and my hubby is waiting for an employment letter since he's just completed his studies this month, to make a fresh spouse visa application.

However, for your case Keni, you do seem to have strong medical grounds, BUT, the downside is the waiting time. From what I know, in my country, visa processing time is rather quick, so I'm hoping for the best. I've been adviced by various experienced experts that even if my application were to be rejected, I still would have a strong chance of success during the appeal.

I will definitely keep you posted of the outcome.

Check out this link but you have to register first.
http://thailand-uk.com/eve/forums/a/tpc ... m/77110727

And these:
http://www.ukvisas.gov.uk/servlet/Front ... 6517843636

http://www.ind.homeoffice.gov.uk/6353/6 ... nnex_F.pdf

http://www.iasuk.org/C2B/document_tree/ ... 9&CatID=26

You can use www.18185.co.uk and http://www.voipdiscount.com/en/index.html to keep in touch

"Your marriage did not last for two years, could you prove that you have been in a relationship for two years or more before you got married."

Hi badboyz....is this question for me?

If so, I got married in Nov 2001 in UK. Our accommodation was 'raided' by immigration officers, and it was there that I discovered, after handing in my passport to them, that I was an illegal entrant. So, I was told that I had to be deported, even though I did not receive any notices. Perhaps it was because before it culd be issued, I managed to obtain temporary admission. This was in August 2002.

In my passport, when I left UK voluntarily for Singapore, IS151A Aug 2002 was written in it. My son's a British passport holder, but I had to bring him along.

Hi All,
Just to inform you that my leave to remain within the UK has been approved by the Home Office and I picked up my documents from the HO today.

Thanks for all ur support. Anyone still waiting for a consideration...pls stay positive and all will be well

Did you get 3 years or 2 years leave in your passport.

I got 3 years leave. Also cos I misplaced my passport which I was unable to submit with my initial application to the HO, I was advised by the immigration officer that they will send me a HO Travel Document, which I should receive by post shortly.

You will get 3 year first and then another 3 years before you get indifinate leave, thats a total of six years unless you apply for a spouse visa back in your home country.

hie keni i am in a similar situation as you were.i applied to the home office in june 2004 based on my marriage to a british citizen.i was a failed asylum seeker from zimbabwe when i applied.i was not served with any removal order cause my country was and is still considered unsafe to return.i contacted the MP and she was told that my application was waiting further consideration in feb 2006.last month i wrote to the home office complain unit and i got a reply this month saying that they were sorry for the delay and are looking to complete the consideration as soon as possible .i dont know if you experienced something like this when you made your complaint.i am really stressed .please help

hi there,
yeah i experienced the same with HO. I made a complaint to the HO complaints dept in Oct 06, received a letter saying my application was going to be dealt with asap and in dec 06 my application was granted, but that was after waiting over 2years already for a decision!
Stay positive and hope all works out well for u

thanks for your reply keni.i also send a complaint after 2.5years of waiting for a decision so i think i just have to stay positive for now.god bless

I'm sure u'll get a response soon. But bear in mind that the Immigration officers might pay u a home visit just to check whether ur marriage is genuine and subsisting, they still do these randomly especially if u are an overstayer or failed asylum seeker. That was what happened in my case and a few people I know exprerienced same as well.

Just a few tips.. If they happen to turn up at ur doorstep askn u questions, dont panic, just make sure u stick to ur original application history...i.e the spouses visa application details...

Good luck and God bless....keep me posted