help me please

emdalel77 · Post by **emdalel77** » Sat Sep 17, 2011 6:06 pm

hello this is my first day here...

I have just received a Discretionary leave to remain visa this morning,for three years. I had applied for a spouse visa but this was denied because the visa i had, expired whilst i was waiting for the Certificate of Approval. This took much longer than usual as the post office damaged the envelope and the package was returned..

I am wondering as i didn't apply for a Discretionary leave to remain visa, would this have been given on a compassionate basis, I did not ask for asylum, and do not want asylum status, as i wish to visit my family in Libya soon. Will i be able to travel to Libya and come back to my wife with no problems
Will i have to apply again for Spouse visa or can i apply for the Indefinite Leave to Remain.. i am very confused.

Post by **Greenie** » Sat Sep 17, 2011 6:13 pm

Discretionary leave is not 'asylum status' it is leave granted outside the immigration rules usually on family life grounds. You can travel to Libya with this status.

If you want to apply for a two year spouse visa you will have to do so from Libya.

emdalel77 · Post by **emdalel77** » Sat Sep 17, 2011 6:17 pm

thank you for helping but what if i apply from here

Post by **Greenie** » Sat Sep 17, 2011 6:19 pm

emdalel77 wrote:thank you for helping but what if i apply from here

not possible.

emdalel77 · Post by **emdalel77** » Sat Sep 17, 2011 6:35 pm

after 3 years can i ask for indefinite ?

Post by **Greenie** » Sat Sep 17, 2011 7:48 pm

No, 6 years.

emdalel77 · Post by **emdalel77** » Sat Sep 17, 2011 8:06 pm

but i been here since 2008 as student ?

Post by **Greenie** » Sun Sep 18, 2011 8:50 am

emdalel77 wrote:but i been here since 2008 as student ?

leave as a student doesn't count towards the 6 years. You need to complete 6 years discretionary leave. If you want ilr quicker you could apply for a spouse visa from Libya once the situation there has calmed down.

adamboston · Post by **adamboston** » Sun Sep 18, 2011 9:35 am

My cousin was exactly in the situation as yours - emdalel77.

He was waiting for his CoA when his student visa expired. He applied for spouse visa after 26 days of expiry of his previous visa and he was granted 3-year DLR. He was told that he will have to wait for 6 years in total before he could apply for settlement. So he went back to his country and applied for 2-year husband visa from there which was granted granted after 3.5 months of waiting.

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help me please

help me please