overstayer spouse application

mayega · Post by **mayega** » Thu May 23, 2013 6:14 pm

Got settlement through 14yrs route. i have 2 kids and just registered them as british citizens. my wife is an overstayer for over 8 yrs, is it possible for her to apply for discretionary leave?

Post by **Amber** » Thu May 23, 2013 6:27 pm

mayega wrote:Got settlement through 14yrs route. i have 2 kids and just registered them as british citizens. my wife is an overstayer for over 8 yrs, is it possible for her to apply for discretionary leave?

For what reason would she be applying for discretionary leave?

You could possibly try article 8 leave to remain but you need to seek professional advice. The 14 year rule has now extended to 20 and it now takes 10 years to settle under article 8 or discretionary leave.

mayega · Post by **mayega** » Thu May 23, 2013 6:38 pm

thanks for your reply, i thought since she was an overstayer, the best way would be to apply for discretionary leave based on marriage and family life. Any advice would be much appreciated.

Post by **Amber** » Thu May 23, 2013 7:40 pm

mayega wrote:thanks for your reply, i thought since she was an overstayer, the best way would be to apply for discretionary leave based on marriage and family life. Any advice would be much appreciated.

There is no longer discretionary leave for family life. There is now a specific route for family life leave to remain - this is a 10 year route to settlement. For such applications you should seek professional advice.

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overstayer spouse application

overstayer spouse application

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