Discretionary Leave to Remain

rec212 · Post by **rec212** » Mon Apr 01, 2013 11:37 pm

Have they started investigating my case yet? or that it's been put on hold till they receive the biometrics?
Does everyone have to do the biometrics?

Post by **Lucapooka** » Tue Apr 02, 2013 12:19 am

I'll give you my two cents and you can wait for others to comment.

It's not straightforward. It's a very recent marriage that began overseas, and can continue overseas. You are well-qualified and not under threat. You entered as a visitor rather than with a long-term residence visa. There is nothing apparent to prevent you returning and applying for entry clearance under the immigration rules. Her condition is perhaps the only straightforward aspect of this as it is something that can be easily managed with drugs which are readily available in any part of the world.

rec212 · Post by **rec212** » Tue Apr 02, 2013 12:49 am

I know our case is not really straight forward but i can not go back as my parents have re-furbished their house and have my brother and his arranged wife living there. They did not expect me to return so soon and so didn't think of making enough space. My wife is a type 1 unstable diabetic who becomes increasingly sick in high temperatures and even though she is drugs controlled, it does not mean being in a country with high temperatures will help her. We have searched where i live for her medication and they do not have her bloods strips that she needs to control her bloods and do not have her type of insulin available as it is recently new. I know it has not been long since i applied but the last thing i want is my visa running out and being sent back because they have not made a decision, i would just like to know if i should have received a letter about my biometrics yet and maybe an approximate time frame.

peppekalle · Post by **peppekalle** » Tue Apr 02, 2013 6:28 am

UKBA has in the past removed a lady with kidney failure .It will be hard to be granted DLR.

You cannot be removed till they make a decision.Your status and condition attached to your visa remains the same.

yankeebrit · Post by **yankeebrit** » Tue Apr 02, 2013 3:29 pm

Why can't you simply go back to your home country and apply for a UK spouse visa? It will almost certainly be much quicker than waiting for an uncertain decision on a DLR application within the UK.

Is there some reason you would not be eligible for a spouse visa?

rec212 · Post by **rec212** » Tue Apr 02, 2013 3:52 pm

Firstly, I cannot go back because my parents' house is full right now as my brother moved in with his soon to be wife.
Secondly, a spouse visa requires my spouse to be earning certain wages or have a certain amount of savings and she doesn't have those.
My solicitors said that it'd take from 4 to 6 weeks as they classed my matter as urgent.

Post by **Lucapooka** » Tue Apr 02, 2013 4:13 pm

rec212 wrote:My solicitors said that it'd take from 4 to 6 weeks as they classed my matter as urgent.

That's nonsense. There is no urgent fast-track in your situation. I would suggest the opposite of that.

There are no apparent insurmountable obstacles that prevent you continuing your family life outside the UK (see link). You do not qualify for the private life exemption, in my opinion. Frankly, if you were to qualify there would be little point having the exemption in the first place as you are simply trying to have the easy route while everyone else has to play by the rules.

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

peppekalle · Post by **peppekalle** » Tue Apr 02, 2013 5:44 pm

rec212 wrote:Firstly, I cannot go back because my parents' house is full right now as my brother moved in with his soon to be wife.
Secondly, a spouse visa requires my spouse to be earning certain wages or have a certain amount of savings and she doesn't have those.
My solicitors said that it'd take from 4 to 6 weeks as they classed my matter as urgent.

I think it might be time to get another solicitor.My suggestion is be prepared for the worst.

If you have to file an appeal please don't say you can't go back because your parents house is full.

You could of course appeal if they refuse to give you DLR but chances are very slim.If your wife can't live with you in the hot climate because of a medical condition i suggest you start getting medical evidence to back it all up and be ready to explain how she copes in the summer.

Post by **sheraz7** » Tue Apr 02, 2013 6:52 pm

If your wife is british/EEA national then better would be to apply under spouse category otherwise better option would be to apply for PBS categories.

rec212 · Post by **rec212** » Wed Apr 03, 2013 6:03 pm

peppekalle wrote:
rec212 wrote: If your wife can't live with you in the hot climate because of a medical condition i suggest you start getting medical evidence to back it all up and be ready to explain how she copes in the summer.

I backed it up with a document from the hospital which is a history of illnesses my wife has, just like my solicitor told me. I am not cunningly using this as an excuse but unfortunately her condition is really not to be reckoned with.

It is just depressing how some people here are aspiring in every post to put me off my strokes by assuming that there is no reason why I should be given the right to have a life with my British wife under article 8 [the right to have a private life]

Post by **Lucapooka** » Wed Apr 03, 2013 6:06 pm

You have asked for open opinions on a public forum and that is what you are getting. What else were you expecting in response to these questions? If that depresses you then it's probably best not to post in public; rather you should seek private opinion from a legal professional. But that advice may also depress you.

rec212 wrote:Do you think my case is straightforward?
Can you assess my chances of getting it?

rec212 · Post by **rec212** » Wed Apr 03, 2013 6:45 pm

I am using solicitors in this visa application and it would be ludicrous not to do so.
I just thought you people might have been active individuals in the UK immigration departments. Be that as it may, when I checked your posts in this forum, I noticed that they were all similar to those in this page

Post by **Lucapooka** » Wed Apr 03, 2013 6:50 pm

Yes, the tone of my posts are similar throughout the site because they are being emitted by the same person! If I thought you case was a good one I would, of course, say so. However, I'm not God or the UKBA, so my opinion is not the actual decision! You must wait for that and good luck to you.

rec212 · Post by **rec212** » Wed Apr 03, 2013 7:02 pm

Thank you so much for your assistance.

peppekalle · Post by **peppekalle** » Fri Apr 05, 2013 6:25 am

rec212 wrote:
peppekalle wrote:
rec212 wrote: If your wife can't live with you in the hot climate because of a medical condition i suggest you start getting medical evidence to back it all up and be ready to explain how she copes in the summer.
I backed it up with a document from the hospital which is a history of illnesses my wife has, just like my solicitor told me. I am not cunningly using this as an excuse but unfortunately her condition is really not to be reckoned with.

It is just depressing how some people here are aspiring in every post to put me off my strokes by assuming that there is no reason why I should be given the right to have a life with my British wife under article 8 [the right to have a private life]

I am sorry if you feel i am putting you off.I want you to succeed.That is why i am being brutally honest and encouraging you to get evidence which you said you already have.

Unfortunately UKBA have no compassion and you might have to convince a judge of your human rights claim.

ayocube · Post by **ayocube** » Fri Apr 05, 2013 1:26 pm

Hello Guys
This is my story
i have being in uk for over a decade now, so as my partner. we had our first child over 8 years ago in uk. we met a lawyer in 2010 and he put in an application to the home office for us based on our child i.e she was born here, over five years old( he didnt consider me and my partner's status that we had no right to apply then).
we were refused application in 2012, we appealed and we granted hearing jan 2013, we were still refused, we applied to the lower and upper tribunal , same result.
my questions now are
1. can we put in a new application since my child is over 8 years now
2. considering the time period of being refused, would it affect a new application
3. which application form would be best applicable to my family
4.or what can we do

Post by **Lucapooka** » Fri Apr 05, 2013 1:32 pm

It would better for you to start your own thread.

ayocube · Post by **ayocube** » Fri Apr 05, 2013 1:42 pm

Lucapooka wrote:It would better for you to start your own thread.

Thanks Lucapooka
I have actually done that, but no responds, if you can help with some info, please do
Thanks

Post by **Lucapooka** » Fri Apr 05, 2013 1:47 pm

This is not your thread, it's still current and unresolved, and it's presumptuous of you to expect the person who started it to wish for the subject matter to be skewed in a completely different direction, as this will not give him the answers he is still seeking from this discussion. You might feel the same if someone hijacked your thread to talk about the cricket or whatever and, likewise, curtailed the flow of information on matters that are important to you.

Kevin24 · Post by **Kevin24** » Fri Apr 05, 2013 6:45 pm

rec212 wrote:I am using solicitors in this visa application and it would be ludicrous not to do so.
I just thought you people might have been active individuals in the UK immigration departments. Be that as it may, when I checked your posts in this forum, I noticed that they were all similar to those in this page

No! No! That's not true.You should just concentrate on your case. Your case is not the same like another one. Luckpooka gives you a direct and honest opinion.If that's too much for you ,then you should join a different forum. Why don't you get a good legal opinion on your Case? Like you mentioned we are not active individuals in UK Immigration Departments.

amjadleeds · Post by **amjadleeds** » Sat Apr 06, 2013 1:59 am

Hi everyone,

My solicitor applied for my family for DL leave, because main applicant application under process for ILR on basis of 10 year rule.

My family is in uk 8 year in UK . My kids studying here 8 years and two of them born here and two have them died here too.

We applied 3 weeks ago havnt received any acknowledgement letter yet .

Please share your experience and thought will be great

Kevin24 · Post by **Kevin24** » Sat Apr 06, 2013 11:33 am

amjadleeds wrote:Hi everyone,

My solicitor applied for my family for DL leave, because main applicant application under process for ILR on basis of 10 year rule.

My family is in uk 8 year in UK . My kids studying here 8 years and two of them born here and two have them died here too.

We applied 3 weeks ago havnt received any acknowledgement letter yet .

Please share your experience and thought will be great

Sorry to hear about your Kids. Be patent and don't worry. You should receive the acknowledgement very soon. Did you or Your Solicitor sent the Application and documents by special delivery. Then you could track whether they have been delivered to UKBA.

amjadleeds · Post by **amjadleeds** » Sat Apr 06, 2013 11:14 pm

Kevin24 wrote:
amjadleeds wrote:Hi everyone,

My solicitor applied for my family for DL leave, because main applicant application under process for ILR on basis of 10 year rule.

My family is in uk 8 year in UK . My kids studying here 8 years and two of them born here and two have them died here too.

We applied 3 weeks ago havnt received any acknowledgement letter yet .

Please share your experience and thought will be great
Sorry to hear about your Kids. Be patent and don't worry. You should receive the acknowledgement very soon. Did you or Your Solicitor sent the Application and documents by special delivery. Then you could track whether they have been delivered to UKBA.

Hi Kevin

My solicitor post them, they mostly posted all application via special delivery, wondering why we havn't receive any acknowledgement letter yet. any experience or view will be great.

Regards
Amjad leeds

Kevin24 · Post by **Kevin24** » Sun Apr 07, 2013 7:48 am

amjadleeds wrote:
Kevin24 wrote:
amjadleeds wrote:Hi everyone,

My solicitor applied for my family for DL leave, because main applicant application under process for ILR on basis of 10 year rule.

My family is in uk 8 year in UK . My kids studying here 8 years and two of them born here and two have them died here too.

We applied 3 weeks ago havnt received any acknowledgement letter yet .

Please share your experience and thought will be great
Sorry to hear about your Kids. Be patent and don't worry. You should receive the acknowledgement very soon. Did you or Your Solicitor sent the Application and documents by special delivery. Then you could track whether they have been delivered to UKBA.
Hi Kevin

My solicitor post them, they mostly posted all application via special delivery, wondering why we havn't receive any acknowledgement letter yet. any experience or view will be great.

Regards
Amjad leeds

Your Solicitor has to follow this up. First of all,need to check whether the application has been delivered,by doing a tracking check. If confirmed of the delivery,then they will acknowledge receipt to your Solicitor.

Ket · Post by **Ket** » Sun Jul 21, 2013 10:45 am

Hello. I am confused on which form to use. I currently have discretionary leave to remain visas valid for 3 years and have to apply for a further extension for another 3 years. I was given these visas because my application for indefinite leave to remain was late and I became an overstayer. Obviously I had to go to tribunal to fight my case and was issued Discretionary Leave To Remain Visas. I will appreciate if someone can please advise what form I have to use for extension of my visas. Thank you. On ukba website they have form DL and FLR(0) but I am confused on which one to use. Thank you

Immigrationboards.com: Immigration, work visa and work permit discussion board

Discretionary Leave to Remain

Discretionary Leave to Remain

Why I cannot apply from my home country

Re: Why I cannot apply from my home country

Re: Why I cannot apply from my home country

Re: Why I cannot apply from my home country

Urgent Help

dL for family eight year in this country

Re: dL for family eight year in this country

Re: dL for family eight year in this country

Re: dL for family eight year in this country