Leave to Remain - Discretionary

[sernaspat]

I am EU citizen and my pregnant girlfriend is from Belarus (non EU) we have apply for Leave to Remain - Discretionary in march and have biometrics done in 5 of april. We still wait for decision. how long take processing time? the reason is:because she 32 weeks now and we want get married befor baby born. Help please.

[geriatrix]

Approval of leave on discretionary basis can take many months - depending on the circumstances of the case.

If you are a EU citizen in UK exercising treaty rights, why did you not apply under EEA regulations? How long have you and your girlfriend been together?

[sernaspat]

I live in UK about 9 years and meet her first via internet about 2 years ago. After chatting about 2 months we meet each other in real live )) I start visit her more often and in october 2011 she come here first time with visitor visa for 6 months. in december we get news from doctor,she pregnant. I spoke with immigration department and they told me this is the best option Leave to Remain - Discretionary.

[bob-russell]

My suspicion is that you will be struggling to get DLR. It is normally not possible to extend a visit visa. You can now get married in the UK when a partner is on a visit visa.

Once married it is normally a requirement that the partner leaves the UK and applies for a settlement visa in the home country. This is for 2yrs (actually 27 months) and is subject to basic English requirements (not difficult). During the temporary 'probationary' period your partner will be expected to either pass a knowledge of life in the UK test or take an English for speakers of other language (ESOL) course taught with citizenship materials.

Sorry to sound negative about this but are there any compassionate reasons why your girlfriend should be allowed to by-pass the system that the rest of us follow? Pregnancy does not usually count!

A EU route may be more appropriate as you are not a British Citizen.

[sernaspat]

Thank you for answers.
But i think is too late now to get married. When she apply for visitor visa,she have to sign- only not for marriage. Her visa expiry 26/03/12 and we don't have passports,we have send them to King Court Chamblers before biometrics was taken. We hope for the best. Maybe just need wait for another few months. I hope we don't get bad end,because send mother back home without child(unreal)-look so for me. Fingers cross. I don't think we have another options now.

[khalidhaku]

Dear Sir / Madam,

I got DLR in 2011 with my wife and two son (total 4 family members), I have been working for 2 years 30 hours and also getting working tax credit weekly 93 pounds and housing benefits 55 pounds a week and paying 93 pounds council tax, my questions are:

1. How much extension fee for 4 perons?
2. Will they extend us ILR?
3. I wonder these benefits could be affect on my extension.

Please reply as soon as possible, your kind reply in this regard will be highly appreciated.

Best wishes and Regards,

Khalidhaku