discretionary leave to remain to ILE outside the UK

[dejario1]

I have been married for 5 years plus and I have a discretionary leave to remain valid till sept 2014 for the first three years. I have the option of extending this for another 3 years in d uk or going outside the uk to apply for entry clearance. I am outside the UK now on charitable work and the visa has expired. My wife is british with two british children under 5. My discretionary limited leave to remain was granted under article 8 right to human and private life. My question now is what is the best entry clearance type to apply for from outside the uk frm this visa category.
I've been living in the uk since 2005. Overstayed between 2005 till 2010 when I won my appeal case under article 8. Can I apply for an indefinite leave based on a marriage over 5 years in d uk having lived wth my british partner and having had 2 british kids too.

[CR001]

Can I apply for an indefinite leave based on a marriage over 5 years in d uk having lived wth my british partner and having had 2 british kids too.

No, you cannot apply for ILR on that basis and besides, a person cannot apply for ILR from outside the UK, it can only be applied from within the UK.

As your DLR has expired, I am going to guess that you will need to apply for a spouse visa (VAF4A), which has a financial requirement that needs to be met and it will be a 5 year route to ILR. Perhaps Amber, Obie or Casa could confirm.

What date did your visa expire?? It would have been much easier to apply to extend your DLR had you returned to the UK before it expired.

[Obie]

Yes you are correct.

It would have been much easier and sensible to apply for an extension of your visa in the UK.

As your visa has now expired, you will need to apply under appendix FM, and a new 5 years will be set.

Whereas if you were in the UK, you would have only need to wait for a further 3 years, and you would have qualified for Settlement.

[Amber]

Unless you can make it back in the UK within 28 days of the leave expiring a DLR extension isn't going to work.

Moreover, if you're living abroad doing charity work it'll raise doubts as to whether your relationship is genuine and subsisting. You may find you're refused leave to enter. Additionally there is a Financial and English requirement for spouse leave to enter.