discretionary leave to enter to apply for spousal visa

Hi everybody,

I would highly appreciate if anyone could help me or was in a similar situation.

I came to the uk as a spouse of an EEA national, got divorced, got COA and married a British citizen. I informed HO of my divorce, obviously as they granted certificate of approval. When we went on a honeymoon upon our arrival back to the uk I was stopped at the airport and told that my residence card has been revoked,I didnt know as apparantly they sent a letter but I hadnt received it; but the immigration officer gave me 6 months leave to enter in order to apply for a 2 year spousal visa. When we went to the HO in Croydon the ignorant assistant told me that I cannot apply from within UK and have to go back to my home country. I still plan to apply as I dont get it. Does this leave to enter give me the right to apply for a spousal visa or not? The IO at the airport was quite sure that it does. any views would be appreciated

It is normal procedure to apply in your own country before coming to the UK

http://www.ukvisas.gov.uk/en/howtoapply ... espartners

irakra, I think your problem was that you attempted to get the spouse visa at the PEO, but in-person application should only be made at a PEO if they are straight-forward.

But was it right for you to be told to go back to your country? The 6-month visa you now have, what is that? What sort of visa? Visitor visa?

Hi guys,

I forgot to mention that I had a 5 year residence card as a EEU family member, and after you divorce you retain your rights if yu can prove so, so I imformed HO, they didnot reply and also I called them, and they said that I had to wait till my residence card expires in 2012, but then they requested more documents 6 months later and I no longer lived at the old adress, as I presumed I would wait till 2012, but they revoked my card. I didnt try to get a spousal visa at PEO, I want to, as the immigration officer at the airport gave me a six months leave to enter, wich is just a stamp at the passport, nothing more than that, and he said I can apply for a spousal visa in the UK, as I hold this 6 months "stamp". As there are some rules on switching from one visa to a spousal within the uk, like say if you are a student or a worker. My question is whether this stamp would allow me to apply in the UK, as we called HO several times, and nobody knows, but they didnt say "No" either. I think americans get this stamp when they come to the uk.

284(i) prevents switching.

Thanks a lot, vinny

The thing is, I thought I had the right as I was given 5 years in one category and then 6 months as leave to enter. Or it counts as outside immigration rules?