My Partner's Student Visa To Discretionary Leave Application

Her arrival on student visa - Oct 2011
Our daughter dob - Oct 2012
My indefinite - May 2013
Our marriage registration - 30 Jan 2014
Her visa expiry - 30 Jan 2014

Dear friends, I am in really edgy situation and cannot figure out what to do…I will try to put together some information in brief and hoping for some possible ways I can legalize my partner.

I had a long distance relationship. She is from Pakistan. She came here on student visa in Oct 2011. She didn’t complete her studies. We have been living together since her arrival. We have a lovely daughter in Oct 2012.

I had my indefinite on the May 2013 but my lawyer did not inform me until October 2013 I found out from UKBA that my case is cleared and I should contact my lawyer. My lawyer extorted me and asked me more money to release my BRP. I had a real tough time getting my BRP out of him. I finally got hold of it in Dec 2013.

I want my partner to be legalized here so that we can live together here in UK. I was hoping the marriage registration would be straight forward but the date I got today is 30 Jan 2014 and same day my partner’s visa is expiring.

I wanted to get spouse visa for her but I cannot show the required income. So I was advised to apply Discretionary Leave for her at least 30 days before the expiry date and attach marriage certificate. But now I’m lost and not sure what to do…I am wondering:

1. If Discretionary Leave is the right choice for her?
2. Will there be a problem if her application for DL is sent on the 30 Jan 2014 and same day her visa expires?
3. Are there any other routes to legalise her?
4. What supporting documents I can use?

Please advice…

Any suggestion, direction will be highly appreciated...

If you don't meet the financial requirements - then DLR is probably your only option to remain here.

But the problem you'll have with DLR is asking what impediments there are to you both going to Pakistan with your daughter.

There shouldn't be a problem providing everything goes in the mail on the 30th and you get a clear posting receipt for that day.

DLR/DL no longer exists for new applicants. However, register the UK born child as British under section 1(3) BNA on form MN1, apply for FLR(FP) for your spouse before her leave expires using exception 1.

If the daughter was born in October, and he had his ILR in May, then there is no need for registration as she automatically British by birth.

ouflak1 wrote:If the daughter was born in October, and he had his ILR in May, then there is no need for registration as she automatically British by birth.

Daughter born in Oct 2012 before ILR in May 2013 - Registration on MN1 is required under Section 1(3) entitlement

CR001 wrote:

ouflak1 wrote:If the daughter was born in October, and he had his ILR in May, then there is no need for registration as she automatically British by birth.

Daughter born in Oct 2012 before ILR in May 2013 - Registration on MN1 is required under Section 1(3) entitlement

Thats right, thanks ouflak1 and CR001. Its a good idea and it will make the case stronger! But the problem is i would then have to send my BRP with my childs registration and that would take easily 5-6 weeks. During this time my partners visa would expire...

I don't think there is quick route of childs registration, isn't it? What do you guys suggest in that scenario then?

Amber_ wrote:DLR/DL no longer exists for new applicants. However, register the UK born child as British under section 1(3) BNA on form MN1, apply for FLR(FP) for your spouse before her leave expires using exception 1.

Thanks Amber_, I didn't know if DLR doesn't exist and i will look into FLR(FP). But again, I don't think i have enough time to register my child as british. Is there any quicker route to register the child?

Also, I have got a marriage registration at the end of the month, same day the visa is expiring. Do you think that will be an issue because if i post it the same day with special delivery it will arrive next day, meaning, when ukba will receive it, it will be expired? isn't that will be an issue? im quite worried about that...or you think should i use the same day courier service or something to be on the safe side so that its delivered on the same day to avoid any disappointment?

Ideally, i want the registration and marriage certificate both to go with the application.. but im running against the time

The child being British is important however, just send FLR(FP) before current leave expires and explain you're currently registering child, by the time they review the case you'll have sent a copy of the child's registration certificate and your marriage certificate.

Thank you so much MPH80, ouflak1, CR00 and Amber_ for taking time out to give your suggestions. Points noted! Its slowly making sense to me. Please answer to my following queries:

-Could you please kindly advice what supporting documentation would i need for FLR(FP) for my partner?
-Would you suggest that i send the application on my own or via solicitor?
-Doesn't UKBA take the decision on the documents they receive initially? Please excuse me being over worried perhaps.
-Any fastest route to get child registration?
-If i send the application the same day its expiring with next day delivery service, will my application be accepted?

Thanks guys

I would send it 1 working day before it is due to expire, by special delivery. Although, with immigration applications, it's the date of posting rather the receipt which is counted as the date of application. You can send any documents up to the point of decision.