URGENT Discretionary Leave

[alf32]

My Husband was advised by solicitors to apply for FLRM when he had already overstayed. His application got refused and has been asked to return home. I have been looking into ways of stopping this and wondered if we could apply for Discretionary Leave to remain? This option was never given to us by our money grabbing solicitors. Does anyone know if we could apply for this now under article 8. Our Oy other option is for my husband to return to his country and apply for a spouse visa, but this could take anything up to 6 months or maybe longer, I am not able to leave the UK as I am the main carer of my mother as well as employed here in the UK, so would not be able to live in my husbands country. Surely under article 8 I cannot be forced to live a desperate life from my husband, this is breaking our hearts. We unfortunately don't have children so have no grounds, but still have family life. Please advise if we should apply for discretionary leave. This is our final resort here in the UK. I am a British citizen.

[bishop007]

My Husband was advised by solicitors to apply for FLRM when he had already overstayed. His application got refused and has been asked to return home. I have been looking into ways of stopping this and wondered if we could apply for Discretionary Leave to remain? This option was never given to us by our money grabbing solicitors. Does anyone know if we could apply for this now under article 8. Our Oy other option is for my husband to return to his country and apply for a spouse visa, but this could take anything up to 6 months or maybe longer, I am not able to leave the UK as I am the main carer of my mother as well as employed here in the UK, so would not be able to live in my husbands country. Surely under article 8 I cannot be forced to live a desperate life from my husband, this is breaking our hearts. We unfortunately don't have children so have no grounds, but still have family life. Please advise if we should apply for discretionary leave. This is our final resort here in the UK. I am a British citizen.

Sorry to hear about your situation, i would advice you to go back with your husband to his country and apply for a spouse entry permit and i dont think that will take longer than what you gonna experience here with discretional application.

Speaking from personal experience and the change of law last year, ive been waiting almost a year now for a result of a discretional application, and as you stated you are a british citizen, british citizen are not considered as an EEA family so you dont fall under that law. But i would advice you seek a proper legal advice on it.

Good luck

[alf32]

I am just not able to go with my husband to his country due to work and I am the sole carer to my mother. I it necessary to go with him? I will of course visit whilst he I there but it's just no possible for me to live there. Do you really think we should not apply for discretionary Leave? We have already waited nearly 3 years for a decision on his FLRM, its all so terrible upsetting

[bishop007]

I am just not able to go with my husband to his country due to work and I am the sole carer to my mother. I it necessary to go with him? I will of course visit whilst he I there but it's just no possible for me to live there. Do you really think we should not apply for discretionary Leave? We have already waited nearly 3 years for a decision on his FLRM, its all so terrible upsetting

Im sure a qualified immigration lawyer will be best to advice you on how to go about it, you might not need to go with him, but will be of a great advantage if you was there on his interview date.

All you need is to be prepared with all the supporting documents, just try and seek legal advice on what document required, trust me it wont take long if he goes back and apply in his country.

[MPH80]

A discretionary leave application might take longer than the FLR(M) has ... once you factor in refusals ... appeals etc.

If you otherwise qualify - returning home and applying for a spouse application is the quickest, simplest, option.

It is not necessary for you to go with him - I think the point was to minimise your time apart.

Without wishing to sound harsh - if you can afford to go for a visit - I wonder how much day to day care your mother requires.

Being blunt - for her care requirements to be a factor in an article 8 application - you're going to need to show she requires lots of care and being able to go for a visit indicates perhaps she doesn't require that much. Can you provide more details?

Many appeals have shown that employment is, by itself, not a good enough reason to qualify under article 8 as many people, every day, move country and then find a new job and many people, every day, move countries where they don't know the language, learn and then find a job.

Remember - article 8 protects the right to family life ... it just doesn't say where that family life has to happen...

[alf32]

I think out best option is for him to return home for a spouse visa. My mother doesn't need 24 hour care, but takes several pills a day which I have to organise, as well as taking her to dr and hospital appointments every so often, so I would In fact be able to visit my husband for short intervals.

[glory5050]

I think out best option is for him to return home for a spouse visa. My mother doesn't need 24 hour care, but takes several pills a day which I have to organise, as well as taking her to dr and hospital appointments every so often, so I would In fact be able to visit my husband for short intervals.

Flr m was not the right form for the application...he could have use flr o form. Has your been with for 2 or more years?

[alf32]

We were advised by a money grabbing solicitor to apply for FLRM which we did on 2 separate occasions. We have been together for nearly 6 years now

[vinny]

Please continue in the existing topic.