visa under article 8 of human right

[firass80]

I had a visa under article 8 of human rights because i had a partner at that time . We are not together anymore sience 1,5 years ago . Now i got married with my new partner and ive been told if i apply for spouse visa it will be refused coz my wife not working and we cant meet the new rules .another solisitor told me to apply for the same visa i already have because its under article 8 of human rights which allow me to have a familly life and private life .
please if anyone can advise me

Thank you

[Lucapooka]

What is the immigration status of you new partner?

[firass80]

A british

[Lucapooka]

You will not be granted another tranche of DL under your current status as the circumstances with regard to that leave no longer exist. You can't make a new DL application with regard to your new partner from inside the UK as DL applications are no longer considered on that basis. The most appropriate step would be to leave the UK and apply for settlement from your home country, having met all of the necessary requirements for a spouse settlement visa. But do nothing without first taking competent legal advice!

[Greenie]

I disagree. Discretionary leave is not like leave as a spouse under the rules whereby if the relationship breaks down the leave is at risk of being curtailed and cannot be extended. If the op currently has dl and is in a relationship with another British national then he is entitled to apply for further DL and the application should be considered according to the policy prior to 9 July.

[Lucapooka]

Okay, thanks for the correction, it will be considered but during the consideration of the application surely the following may also be considered? The OP's family life is a very recent attachment, and different to his previous circumstances. Is this not relevant?

11. Transitional Arrangements

Applicants granted Discretionary Leave before 9 July 2012
[...]
• Applications for further leave from an individual granted up to 3 years Discretionary Leave before 9 July 2012 must be subject to an Active Review.
• Decision makers must consider whether the circumstances prevailing at the time of the original grant of leave continue at the date of the decision. If the circumstances remain the same and the criminality thresholds do not apply, a further period of 3 years Discretionary Leave should be granted.
• If there have been significant changes or the applicant fails to meet the criminality thresholds, the application for further leave should be refused.

[Greenie]

Yes the change in circumstances will be relevant but the case remains that he is married to a British citizen which is just as relevant.

[firass80]

Thank you for all of this informations .