DISCREATIONAL LEAVE UNDER ARTICLE 8

Can someone advise on the same similar scenario, I have a friend who happens to be a british citizen and have a partner. They both started to live together for about 18 months now and they both have 2 children 1 and 4 years together. The wife does not have a status in this country at all and she is scare to go back home to get marry and apply for spouse visa because the entry officer might get funny sometimes and also it might affect the 1st child school. The question is, can she apply for a kind of discreation to home office or what do you good people of this forum advise.

yusfaith wrote:Can someone advise on the same similar scenario, I have a friend who happens to be a british citizen and have a partner. They both started to live together for about 18 months now and they both have 2 children 1 and 4 years together. The wife does not have a status in this country at all and she is scare to go back home to get marry and apply for spouse visa because the entry officer might get funny sometimes and also it might affect the 1st child school. The question is, can she apply for a kind of discreation to home office or what do you good people of this forum advise.

What do you mean by happens to be British Citizen?

yusfaith wrote:Can someone advise on the same similar scenario, I have a friend who happens to be a british citizen and have a partner. They both started to live together for about 18 months now and they both have 2 children 1 and 4 years together. The wife does not have a status in this country at all and she is scare to go back home to get marry and apply for spouse visa because the entry officer might get funny sometimes and also it might affect the 1st child school. The question is, can she apply for a kind of discreation to home office or what do you good people of this forum advise.

What citizenship does your friend have and why can she not return home to marry and get spousal visa which is the quickest and easiest method?

To apply outside the rules she is looking at a 3 year wait for normalisation

My friend is british citizen and the partner is from Ghana. The partner is scare of going back to ghana as she might be delay issuing with a spouse visa and moreso, the cost involved going back home with 2 children.

Well the Home Office are not concerned with the costs as everybody goes through the same situation.
Ghana is not on the list of dangerous countries so any attempt to apply outside the immigration rules will mean a very very long wait to get permission to stay, many years.
As much as she does not like it her best choice is to return home and apply for a spousal visa

i would say consult an experianced immigratiom lawyer. Returning home depends with your circumstances and is not that simple. There are 2 children involved here. what is the status of the kids?

The children were born here and got their british passport by registration through their father. They have sought a legal advise they they were given 2 options (1) to return home and re-apply for spouse (2) to apply for discreation base on the children or as unmarried patner.

yusfaith wrote:The children were born here and got their british passport by registration through their father. They have sought a legal advise they they were given 2 options (1) to return home and re-apply for spouse (2) to apply for discreation base on the children or as unmarried patner.

Either the spouse visa or unmarried partner would have to be from the home country. Please note that for an unmarried partner application, the requirement is co-habitation for at least 24 months and I note that the couple have only lived 18 months together.

Based on the facts so far, I too would suggest considering to get married then re-apply to the UK as the spouse. An application for discretionary leave would have to be based on exceptional circumstances, and I am not sure whether there would be enough weight to run with such an arguement.

You may also wish to consider that you can apply for ILR after 2 years on a spouse, whereas on discretionary grounds, you would only qualify for ILR after 6 years.