I'm writing here to get some advice, please feel free to advise if this should be somewhere else
My partner came to the uk in dec 2009, we applied for him to stay as my spouse. We were advised at the time by a solicitor (not a very good one) that we were able to do a in country switch.
Anyways in jan 2010 we applied and got an acknowledgment letter. This application was refused in July 2010, with no right of appeal, we then applied for a judicial review, and were offered by the home office that they would consider his application again. When they finally looked at it again it was again refused but this time with a right to appeal, we appealed and went to court, this was decided that once again he should leave the uk to make a new application, and if we were worried about being apart (myself and our son aged 3 at the time) we could always go with him.
Obviously we appealed this decision, as I have my home and family here, our son was at nursery and I was working, this was not an option. Our appeal was allowed and were given a date for the high court in April 2012. Bearing in mind during this time the home office were trying to treat my partner as an overstayer regardless of the fact that when we applied for the switch he still had 5 months on his visa!
Our case was allowed at the high court, the judge could not see why he wasn't granted with leave to remain in the first place as we were clearly a strong family unit with ties to the uk and our sons life was here. He was granted 3 years discretionary leave to remain.
We are now in the process of renewing this leave to remain as it is due to expire next month.
I was also shocked to be told by our solicitor today that we would also need to find £600 to pay the nhs surcharge! From the day my partner received his NI number he has worked paying NI contributions and tax.
I don't understand how this is justifiable
Am I right to believe that he will receive another 3 years DL and then Be eligible to apply for ILR?
His application is based on the old rules (before July 2012)
We have been married 9 years this year too and it annoys me when I have people that their spouses just get 3 years and then a passport
Does anyone know what the waiting times are at the moment too?
Any help would be gratefully appreciated
Thank you x