ilr refused can anyone please adive

[nuriabs]

i am a zimbabwean national married for 14 years with 4 kids all uk citizens as well to a uk citizen,i entered last year on a visit visa for 6 months ,we then applied for ilr as a spouse of someone already settled in the country however i was refused as they want proof i can maintain my self with £18 600 and also that i cannot vary leave. firstly if mu husband is uk citizen surely he will provide for me financially and all benefits that we claim are strictly on his name i have not claimed any and also ilr stated that they could use discretionery towards my application which they have not . is there anyone that could give me somne advice

[vinny]

You do not qualify for ILR. Moreover, under the Immigration rules, visitors cannot switch to spouse status from within the UK (284(i) and E-LTRP.2.1).

However, with 4 children, they should consider your children's best interests and Article 8 (exception).

[nuriabs]

thanks i will definately go through to read up the info as i am planning to write to the ecm to ask them to have another look at the decision because my appeal is only scheduled for oct

[nuriabs]

Could anyone possibly give me any guidance on what my options might be regarding this matter as im not quite sure what I should do

[vinny]

hi

guys i was hoping someone could assist me i came in last year may on a visit visa for 6 months with my husband and kids who are all uk citizens by birth i am a zimbabwean citizen still, towards the end of my stay i filled aout flr m asking for ilr which was denied this year i think i should have applied under flr o for discretionery leave instead anyway they have given me a chance to appeal under article 8 my appeal is in oct however i was wondering if i decided top make a whole neew application with flr o am i now consiered an overstayer or should i go through appeal and if no joy then apply with flr o as i have heard you are given 28 days grace. please help really urgent and super stressed. ps all my kids are minors still

[macjackbauer]

i am a zimbabwean national married for 14 years with 4 kids all uk citizens as well to a uk citizen,i entered last year on a visit visa for 6 months ,we then applied for ilr as a spouse of someone already settled in the country however i was refused as they want proof i can maintain my self with £18 600 and also that i cannot vary leave. firstly if mu husband is uk citizen surely he will provide for me financially and all benefits that we claim are strictly on his name i have not claimed any and also ilr stated that they could use discretionery towards my application which they have not . is there anyone that could give me somne advice

I really do not understand that, if you came to UK last year on a visitor visa.

How can you apply for ILR?

You really need to read the UKBA website clearly and thoroughly, the only visa you can apply for is sponse visa which enable to stay in UK as his wife , than you willl need to apply for this visa again in 2.5 years time, then you can apply for ILR. So, there is no way you can apply for ILR because you only came in this contry for 6 month.

You need to supply more information:

If the visa you applied is ILR : Then the type of your application does not reuqire you to have any income. (But it is not possible, coz you need to be at least 5 years to stay in the country to apply for ILR as wife of your british husband)

If the visa you applied is Sponse Visa which I think it is, then you need to supply your income level of at least 18600 for just yourself to come over. This is house hold income, so you can combine the income of your husband together. But as your husband is one benefit, it is not possible to meet his, and therefore you visa will be refused, unless you have around 50-60K saving for 6 month. Of course, as you have children all the familiy in the uk, the UKba may use discretion, but as your wife did not work at all, it is very hard for them to give you the discretion for this visa as you are NOT eligible for it due to your household income

[Amber]

Sounds like you just applied blindly and did not look at eligibility.

If your husbands works and earns above the threshold then you should consider leaving and making an application from outside the UK. Family life leave is a possibility but the route to settlement takes 10 years as apposed to 5 years for a spouse visa.

[nuriabs]

Thx quite harsh comments tho,anyway spoke to solicitor and I can seek discretionery leave because kids are minors,and if U hve been keeping abtab like me new cases hve been won is zh Tanzania (Childs interest comes first).so we will b going with that and they seem very confident

[Amber]

Discretionary leave is no longer given for family life. Rather a 10 year route to settlement under its own heading.

Instead of keeping an eye on case law you should have applied correctly in the first place.

[nuriabs]

My mistake for thinking this is a forum where U can get advice I know im a newbie but wow some R rude and self righteous

[Amber]

I didn't think I was rude or self righteous. I'm sorry if you feel that way.

[Casa]

My mistake for thinking this is a forum where U can get advice I know im a newbie but wow some R rude and self righteous

With respect, Amber has given you very good advice. Your solicitor should be aware that Discretionary Leave is no longer an option.