Discretionary leave to remain

[Lady122]

Hi all,

I need help. I was due to apply for discreationary leave to remain based on my human rights. I have over stayed my visit visa and my british girlfriend is now pregnant. I am from the USA and have no family there. My partner isnt working and I dont have any savings. I therefore cannot return to the USA as I dont have money.

because of the new rules I have been told that I cannot apply now for discretion under Article 8 because I dont qulaify under the rules. Is this true. My solicitor is unhelpful.

Thanks

[Lucapooka]

I think your solicitor is being very helpful if he has told you thus far that it is not longer possible to make such an application in the UK and expect it to be considered. You may not be removed but you irregular status will not be regularized and you will remain in immigration limbo until such a time as you leave the UK and return in a legitimate immigration capacity.

A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary Leave outside the rules on Article 8 grounds. A grant of Discretionary Leave provides automatic access to public funds and places the person in a better position than those who meet the rules. In future, if they do not qualify for leave under the rules, or for leave outside the rules on a genuinely exceptional basis, they will not receive any form of leave and will be expected to leave the UK.

[Lady122]

Is there not anything that I can do then? Besides from leave the UK. Iwill have a child here soon and cannot be expected the leave him here can i?

Thanks

[Lucapooka]

Unless and until a live child is born you can't cite that in an application. If you are not intending to live with your GF in relationship akin to marriage, you can consider applying for leave as a parent.

[Lady122]

thanks for your help.

We are currently living together but have no money. We live with her parents.

We want to get married but cannot afford it and I was told I would need permission for this? Would this help at all/.

im completely lost now, my applicatio should have been sent before the change in rules but my solicitor misplaced it and now it seems like it is too late.

I may tell him to send it anyway and hope for the best

[Lady122]

Maybe if I wait until my child is born and then apply?

[MPH80]

You don't need permission to get married - and to get married at a registry office costs £110 midweek + the £35 notice fee.

So £145.

M.

[Lucapooka]

Maybe if I wait until my child is born and then apply?

Yes, but only if you are not otherwise eligible to apply as the other parent's partner.

[Lady122]

thanks for your replies.

im a little confused though. What do you mean about me being eligable to apply as the other parent's partner. What would make me eligable?

[Lady122]

Anything???

I really am worried. I know that we dont have a strong case because of money but I cannot leave my fiancee and child here and return to the USA.

Will it be better if we get married before I apply on FLR (O) form? Also Iwe have been advised that my child will be born disabled (muscular dystrophy) will this help?

I need options on what to do.Should I make the applicatio or not?

[Lucapooka]

There is really no point applying now for a category of leave that you are not entitled to, as you have no basis for a valid leave to remain application. You need to wait until the child is born as that is the only option to regularize your status from inside the UK. If you marry you can't apply to remain in the UK (you need to apply from the USA) and marriage would, in any case, disqualify you from applying as a parent (which can be done from inside the UK). Even so, you can't apply as a parent if otherwise you were able to qualify as a partner. Nor can you be without adequate maintenance at the time you apply. Good luck!

Having said all of this, I would urge you to seek competent legal advice.

[hanenyo]

68. Any overstayer will be able to access the 10-year route on the basis of their family life where it would breach A8 to remove them. But, once on the route, an applicant who overstays by more than 28 days will have broken their continuous leave and will have to start the route again if they continue to qualify. Overstayers who do not qualify will not be considered to have an Article 8 basis for remaining and removal in those circumstances will be proportionate.

I think you need to see a competent immigration solicitor

[naija99]

Lucapooka,

Please can you elaborate more on the option of Lady122 being able to regularise status from INSIDE the UK once the child is born. What application would this be?

[Greenie]

He would apply for leave under the 10 year family route arguing that he falls under the 'exceptions' listed in the link below and thus the fact he has no leave should be disregarded.

http://www.ukba.homeoffice.gov.uk/polic ... exception/

[naija99]

Thanks Greenie.
What application form would he use? FLR(O)?

[naija99]

Is there also an english language requirement?

[mediaone]

He would apply for leave under the 10 year family route arguing that he falls under the 'exceptions' listed in the link below and thus the fact he has no leave should be disregarded.

http://www.ukba.homeoffice.gov.uk/polic ... exception/

Hello, i am in the Uk on a family visitor visa, my wife and my son are british and living in the UK, i would like to know if i can apply for a DLR or not ... thank you