I'm on discretionary leave but want to marry abroad?

Hi, I have got leave to remain visa and extends after 30 months. I want to marry abroad. Can I sponsor on this residency status?
Thanks

You can sponsor a spouse when you have obtained Indefinite Leave to Remain.

Hi waqas,
I on the same situation. Currently on 10 year route to settlement under article 8 private life and marrying from abroad. Home office were swift to add EU migrants, refugees, those on humanitarian protection, etc to eligible sponsors without having to wait for settlement. Looks really unfair. I have reached out to my local mp for help. Meanwhile if you have any updates please share

shade wrote: ↑

Sat Oct 23, 2021 12:24 am

Home office were swift to add EU migrants, refugees, those on humanitarian protection,

The reason that those categories have the right to sponsor their spouses is because that right is safeguarded by international treaties that the UK is party to.
It's not that Home office added those categories randomly, but it was required to because the UK signed up to those international obligations.

Hi Secret.simon.
good insight but I would disagree. The refugee and humanitarian protection claims were previously dictated by Dublin iii but now replaced by British law since Brexit. Its not much different to EU migrants either. The EU Citizenship Directive is no longer applied instead the UK family reunification provisions are applied in new cases. It is a UK policy decision to allow those non-settled migrants sponsor spouses under appendix FM.I believe the Home Office should add long redidence route migrants as well to appendix FM sponoser list in order to keep the system fair for all.

It may be worth pointing out that there is a detailed briefing on the topic of 10 year route to settlement by The Migration Observatory at the University of Oxford. The costs beared by these migrants are significantly higher than most others. For example a parent and child under 10 year route would spend approximately 24k . Since they are already on a route to settlement with no recourse to public funds and at a much higher cost , its unreasonable to exclude them from sponsoring spouses if they could meet other criterias

shade wrote: ↑

Sat Oct 23, 2021 8:20 pm

refugee and humanitarian protection claims were previously dictated by Dublin iii but now replaced by British law since Brexit.

I could of course be wrong, but the rights of refugees and those under humanitarian protection are protected under the Refugee Convention of 1951, which long predated the UK's entry into the EEC in 1973.

shade wrote: ↑

Sat Oct 23, 2021 8:20 pm

The EU Citizenship Directive is no longer applied instead the UK family reunification provisions are applied in new cases. It is a UK policy decision to allow those non-settled migrants sponsor spouses under appendix FM

Most of those rights are protected by the Withdrawal Agreement, which still implements the EU Directive 2004/38/EC almost word-for-word in some cases. And some cases under these provisions can still be appealed to the ECJ for four or eight years after the UK's withdrawal from the EU.

As I had mentioned in another post on another thread, the UK has long been hostile to inbound immigration (well before Brexit; since at least the 1960s if not earlier) and even its two current main types of inbound immigration, the Skilled Workers visa and the spousal visa, are ringfenced with strict and tough requirements.

I don't see a relaxation of immigration rules in the near future. The UK government's view is that if a person on a temporary visa, such as an FLR(FP) can marry abroad, they can leave the UK and reside with their spouse in their spouse's or their own home country.