Spouse or Dependant Visa for people on DLR?

[MRizwan]

Hi All, I am on Discretionary Leave to Remain which was granted to me on the basis of established private life in the UK. I have been in the UK for 12 years.

Can anyone please advise what visa should I apply for my partner who is in Pakistan. Does she come under spouse category or dependent category?

Thanks in advance.

[CR001]

I am almost certain, however a guru can maybe confirm, that you cannot apply for partners to join you as dependents if you have been granted discretionary leave to remain.

If you have had legal residence (visas) for the whole 12 years, surely you can now apply for ILR on the basis of 10 years long residence.

If you are able to apply for ILR under long residence and meet all the requirements for this, once you have been granted ILR, your partner can apply for entry clearance under spouse visa category - form VAF4A - if you/partner meet all the requirements.

[Casa]

CR001 is correct. You are unable to sponsor a spouse while you have DL.

[MRizwan]

Thanks for your response all. I was granted DLR because I had over stayed my visa and I had initially applied for ILR after completion of 10 year period.

Do you guys mean that no body on DLR can sponsor a partner as a spouse or as an Independent? Sounds strange as I was granted DLR based on my established life in the UK. Why would they deny someone a family life when they have agreed he has an established life in the UK. It doesnt make any sense to me.


What do you guys think?

[Choc-Ice]

Thanks for your response all. I was granted DLR because I had over stayed my visa and I had initially applied for ILR after completion of 10 year period.

Do you guys mean that no body on DLR can sponsor a partner as a spouse or as an Independent? Sounds strange as I was granted DLR based on my established life in the UK. Why would they deny someone a family life when they have agreed he has an established life in the UK. It doesnt make any sense to me.

What do you guys think?

Because your leave (DLR) was granted outside the immigration rules, you are unable to sponsor or bring an any dependant on that LTR. Once you attain your ILR you're good too go!

[MRizwan]

Hi Thank you for your response. I have looked at the letter when I was granted DLR, and it says dependents would 'normally' be not allowed.
Perhaps exception can be made?

It seems crazy that they accept I have established private life and removing me would breach my human rights yet I cannot have a family life for 6 years as my DLR is for 6 years. Article 8 of Human Rights Act clearly states the right of both private and family life.

I mean its madness that I can work and live freely in UK, claim benefits but cannot sponsor my partner?

Is there anyway around this? Have you heard of any instances where such cases have been successful?

Please advise.

[Choc-Ice]

Hi Thank you for your response. I have looked at the letter when I was granted DLR, and it says dependents would 'normally' be not allowed.
Perhaps exception can be made?

It seems crazy that they accept I have established private life and removing me would breach my human rights yet I cannot have a family life for 6 years as my DLR is for 6 years. Article 8 of Human Rights Act clearly states the right of both private and family life.

I mean its madness that I can work and live freely in UK, claim benefits but cannot sponsor my partner?

Is there anyway around this? Have you heard of any instances where such cases have been successful?

Please advise.

It does NOT make any sense but hey that's the Home Office at their best! I would have thought if your partner was in-country on some sort of LTR, you could have a claim for Article 8 of the ECHR which would give them access to DLR! That's the only way I would think you can go around it. (In my own opinion)

[MRizwan]

Thanks for your response. I am sure if the home office are challenged in higher courts they would have to amend the law as they are clearly breaching the Article 8 of Human Rights act by denying people with established life in the UK the right to have a family life. But who has time and money for such cases? I think I will consult my solicitor and see if he can find a way around this. I wish I had time and money to take Home Office to court over this.

I really thought I would be classed as a settled person because it has already been agreed that I have a established life in the UK. This is crazy. Students and temporary visa holders can sponsor their partners but a person with established life cannot. Absolute Madness.