Can my partner apply for discretionary leave to remain?

My partner and I have been together for nearly four years. We are in a very genuine relationship and we love each other unconditionally. Unfortunately he is an overstayer and has been for 7 years! He has been to the solicitors to try and get a visa but he has no grounds to apply so therefore he is basically stuck here. Illegal! I am a British Citizen and I work but it is a very low wage job and so therefore I cannot support him financially on the basis of financial grounds (I do not earn anywhere near 18,600 a year).

I am in my early pregnancy with his child, so can he apply for discretionary leave to remain on the basis that I am pregnant and I will need his support when the baby is born without relying on benefits. I.e. He has to work while I stay at home and look after the baby. Can he apply for this now? He wants to do it ASAP so he has a stable job for when the baby is born.

Thanks in advance.

AnonAnonymous wrote:My partner and I have been together for nearly four years. We are in a very genuine relationship and we love each other unconditionally. Unfortunately he is an overstayer and has been for 7 years! He has been to the solicitors to try and get a visa but he has no grounds to apply so therefore he is basically stuck here. Illegal! I am a British Citizen and I work but it is a very low wage job and so therefore I cannot support him financially on the basis of financial grounds (I do not earn anywhere near 18,600 a year).

I am in my early pregnancy with his child, so can he apply for discretionary leave to remain on the basis that I am pregnant and I will need his support when the baby is born without relying on benefits. I.e. He has to work while I stay at home and look after the baby. Can he apply for this now? He wants to do it ASAP so he has a stable job for when the baby is born.

Thanks in advance.

What is partner's nationality?
Does he have documents?
Any particular reason why it is not viable to live in partner's home country?

Sorry! I forgot to include that
Partner is Indian nationality
He has no documents at all
Because it is an under developed country and he'd like to syay in the UK as he feels he will have better quality of life here and he has lots of friends as well.

A FLR(FP) application may stand more chance of succeeding once your child is born. At present the reasons you've given for staying here wouldn't be sufficient.

Casa wrote:A FLR(FP) application may stand more chance of succeeding once your child is born. At present the reasons you've given for staying here wouldn't be sufficient.

Thanks, so he still has no grounds to apply even while I am pregnant?

In my opinion it would be a weak application. He wouldn't be able to apply under the parent route. No doubt there'll be other views.

AnonAnonymous wrote:Sorry! I forgot to include that
Partner is Indian nationality
He has no documents at all
Because it is an under developed country and he'd like to syay in the UK as he feels he will have better quality of life here and he has lots of friends as well.

Last time I checked India does have a space programme, a nuclear power industry and nuclear weapons.
That makes it fairly developed in my book.

Are you in a relationship 'akin to marriage'?
(Plans to marry?).
Simply having a baby may not cut it.

Noajthan is right. The HO tend to look these somewhat cynically as an 'anchor baby' application. Where is his passport?

Casa wrote:Noajthan is right. The HO tend to look these somewhat cynically as an 'anchor baby' application. Where is his passport?

His friend who he has fell out with sent it to the home office. Thats why we had to move

AnonAnonymous wrote:

Casa wrote:Noajthan is right. The HO tend to look these somewhat cynically as an 'anchor baby' application. Where is his passport?

His friend who he has fell out with sent it to the home office. Thats why we had to move

Had to move? Do you mean you're not living together?

Casa wrote:

AnonAnonymous wrote:

Casa wrote:Noajthan is right. The HO tend to look these somewhat cynically as an 'anchor baby' application. Where is his passport?

His friend who he has fell out with sent it to the home office. Thats why we had to move

Had to move? Do you mean you're not living together?

Probably living together but moved to avoid/evade the immigration authorities. I would hate to be their landlord (and the potential huge fine) for renting to someone who does not have the right to reside.

AnonAnonymous wrote:My partner and I have been together for nearly four years. We are in a very genuine relationship and we love each other unconditionally. Unfortunately he is an overstayer and has been for 7 years! He has been to the solicitors to try and get a visa but he has no grounds to apply so therefore he is basically stuck here. Illegal! I am a British Citizen and I work but it is a very low wage job and so therefore I cannot support him financially on the basis of financial grounds (I do not earn anywhere near 18,600 a year).

I am in my early pregnancy with his child, so can he apply for discretionary leave to remain on the basis that I am pregnant and I will need his support when the baby is born without relying on benefits. I.e. He has to work while I stay at home and look after the baby. Can he apply for this now? He wants to do it ASAP so he has a stable job for when the baby is born.

Thanks in advance.

Your partner will need to demonstrate why it is nigh on impossible for him to return to India and re-apply for the appropriate Entry Clearance. The fact that you are currently pregnant does not act as an Insurmountable Obstacle to him leaving and re-entering.

However, the fact that you are trying to evade the Immigration Authorities by moving address and not informing them will not go in his favour.

And as previously mentioned, India is a very developed country, despite what your partner may want the Home Office to believe. India has a very fast growing economy. The fact that your partner may prefer his quality of life here than what he had in India isn't a reason for DL

Highly_Skilled wrote:

AnonAnonymous wrote:My partner and I have been together for nearly four years. We are in a very genuine relationship and we love each other unconditionally. Unfortunately he is an overstayer and has been for 7 years! He has been to the solicitors to try and get a visa but he has no grounds to apply so therefore he is basically stuck here. Illegal! I am a British Citizen and I work but it is a very low wage job and so therefore I cannot support him financially on the basis of financial grounds (I do not earn anywhere near 18,600 a year).

I am in my early pregnancy with his child, so can he apply for discretionary leave to remain on the basis that I am pregnant and I will need his support when the baby is born without relying on benefits. I.e. He has to work while I stay at home and look after the baby. Can he apply for this now? He wants to do it ASAP so he has a stable job for when the baby is born.

Thanks in advance.

Your partner will need to demonstrate why it is nigh on impossible for him to return to India and re-apply for the appropriate Entry Clearance. The fact that you are currently pregnant does not act as an Insurmountable Obstacle to him leaving and re-entering.

However, the fact that you are trying to evade the Immigration Authorities by moving address and not informing them will not go in his favour.

And as previously mentioned, India is a very developed country, despite what your partner may want the Home Office to believe. India has a very fast growing economy. The fact that your partner may prefer his quality of life here than what he had in India isn't a reason for DL

This is true, I've never been to India but I'd love to work for the railways!!

Highly_Skilled wrote:

AnonAnonymous wrote:My partner and I have been together for nearly four years. We are in a very genuine relationship and we love each other unconditionally. Unfortunately he is an overstayer and has been for 7 years! He has been to the solicitors to try and get a visa but he has no grounds to apply so therefore he is basically stuck here. Illegal! I am a British Citizen and I work but it is a very low wage job and so therefore I cannot support him financially on the basis of financial grounds (I do not earn anywhere near 18,600 a year).

I am in my early pregnancy with his child, so can he apply for discretionary leave to remain on the basis that I am pregnant and I will need his support when the baby is born without relying on benefits. I.e. He has to work while I stay at home and look after the baby. Can he apply for this now? He wants to do it ASAP so he has a stable job for when the baby is born.

Thanks in advance.

First and foremost, thank you all so much for your replies. You have all really helped us out loads!
I have missed some various information out so I just want to mention those. My partner was here on a student visa and was legal for 7 years, but when he applied for an extension it got refused. Therefore he has been legal for 7 years, and an overstayer for 8 years. He is a very qualified person and is able to do a highly qualified job however without a visa, he is unable to support himself or me. He is not entitled to no benefits so he is solely relying on me and I am not on any benefits, I am on very minimum wage in a part time job and it is a major struggle until the baby is born. On the other hand, I am also pursuing a BA degree so that we both, together, can contribute to a better life and to the society.

In a nutshell, our relationship is a genuine relationship and our intentions are very clear that once his visa is sorted we will be getting married and looking forward to living a happy and peaceful life together with our baby. The strongest key points we have is having a genuine relationship, we love each other unconditionally, and my partner is mixed up very well in this society and has loads of friends. Going back to India means he will have nowhere to live, no money, basically he will become a destitute and even I cannot think of living without him or vice versa.

AnonAnonymous wrote:

Highly_Skilled wrote:

AnonAnonymous wrote:My partner and I have been together for nearly four years. We are in a very genuine relationship and we love each other unconditionally. Unfortunately he is an overstayer and has been for 7 years! He has been to the solicitors to try and get a visa but he has no grounds to apply so therefore he is basically stuck here. Illegal! I am a British Citizen and I work but it is a very low wage job and so therefore I cannot support him financially on the basis of financial grounds (I do not earn anywhere near 18,600 a year).

I am in my early pregnancy with his child, so can he apply for discretionary leave to remain on the basis that I am pregnant and I will need his support when the baby is born without relying on benefits. I.e. He has to work while I stay at home and look after the baby. Can he apply for this now? He wants to do it ASAP so he has a stable job for when the baby is born.

Thanks in advance.

First and foremost, thank you all so much for your replies. You have all really helped us out loads!
I have missed some various information out so I just want to mention those. My partner was here on a student visa and was legal for 7 years, but when he applied for an extension it got refused. Therefore he has been legal for 7 years, and an overstayer for 8 years. He is a very qualified person and is able to do a highly qualified job however without a visa, he is unable to support himself or me. He is not entitled to no benefits so he is solely relying on me and I am not on any benefits, I am on very minimum wage in a part time job and it is a major struggle until the baby is born. On the other hand, I am also pursuing a BA degree so that we both, together, can contribute to a better life and to the society.

In a nutshell, our relationship is a genuine relationship and our intentions are very clear that once his visa is sorted we will be getting married and looking forward to living a happy and peaceful life together with our baby. The strongest key points we have is having a genuine relationship, we love each other unconditionally, and my partner is mixed up very well in this society and has loads of friends. Going back to India means he will have nowhere to live, no money, basically he will become a destitute and even I cannot think of living without him or vice versa.

Unfortunately,13 years residence in the UK is insufficient length of time for DL. He would need to demonstrate at least 20 years continuous residence. Alternatively, he would have to demonstrate that he has lost all ties to India alongside his 13 year residence.

The Home Office view would be that, if he is so qualified as you state, he would be able to secure employment in India albeit part-time to support himself temporarily until he can enter the UK legally. Whether that's as a Spouse or a Sponsored Employee.

AnonAnonymous wrote:

Highly_Skilled wrote:

AnonAnonymous wrote:My partner and I have been together for nearly four years. We are in a very genuine relationship and we love each other unconditionally. Unfortunately he is an overstayer and has been for 7 years! He has been to the solicitors to try and get a visa but he has no grounds to apply so therefore he is basically stuck here. Illegal! I am a British Citizen and I work but it is a very low wage job and so therefore I cannot support him financially on the basis of financial grounds (I do not earn anywhere near 18,600 a year).

I am in my early pregnancy with his child, so can he apply for discretionary leave to remain on the basis that I am pregnant and I will need his support when the baby is born without relying on benefits. I.e. He has to work while I stay at home and look after the baby. Can he apply for this now? He wants to do it ASAP so he has a stable job for when the baby is born.

Thanks in advance.

First and foremost, thank you all so much for your replies. You have all really helped us out loads!
I have missed some various information out so I just want to mention those. My partner was here on a student visa and was legal for 7 years, but when he applied for an extension it got refused. Therefore he has been legal for 7 years, and an overstayer for 8 years. He is a very qualified person and is able to do a highly qualified job however without a visa, he is unable to support himself or me. He is not entitled to no benefits so he is solely relying on me and I am not on any benefits, I am on very minimum wage in a part time job and it is a major struggle until the baby is born. On the other hand, I am also pursuing a BA degree so that we both, together, can contribute to a better life and to the society.

In a nutshell, our relationship is a genuine relationship and our intentions are very clear that once his visa is sorted we will be getting married and looking forward to living a happy and peaceful life together with our baby. The strongest key points we have is having a genuine relationship, we love each other unconditionally, and my partner is mixed up very well in this society and has loads of friends. Going back to India means he will have nowhere to live, no money, basically he will become a destitute and even I cannot think of living without him or vice versa.

Unfortunately,13 years residence in the UK is insufficient length of time for DL. He would need to demonstrate at least 20 years continuous residence. Alternatively, he would have to demonstrate that he has lost all ties to India alongside his 13 year residence.

The Home Office view would be that, if he is so qualified as you state, he would be able to secure employment in India albeit part-time to support himself temporarily until he can enter the UK legally. Whether that's as a Spouse or a Sponsored Employee.

You also have the additional problem that the HO are in possession of his passport.