discretionary leave?

[october2013]

hello all, please i need your guidance. My husband came to the UK in 2004 as an msc student, i joined him a month after as his dependant. he finished and went on for his phd and in the meantime we have a child that's just turned 7yrs. We have a PSW permit that expires in November. We would like advise on how to renew this so that we can stay 1yr more and then qualify for settlement.
We saw several lawyers who gave different advises -
lawyer A, B & C said 2 apply for discretionary leave using the 7yr child route. however lawyer C has now contacted us to say our application would most likely be declined as we are a family unit (apparently if we were separated, it might be easier).
Lawyer D - says we should apply for entrepreneur permit or get a job that gives work permit

MY question is this, has anyone been in this situation and what advise can they offer? is there a route we can apply and get the 1yr extension we need?

[vinny]

Indeed, he/you should legally remain until qualifying for ILR under Long residence.

Is he eligible to apply under any of the work categories?

See also Family life as a parent: the new rules.
Family life as a parent.
Exception.
Chapter 8 - Appendix FM (family members).

Was your child born in the UK and what status does s/he have?

[october2013]

yes our child was born in the UK - never been abroad and just turned 7yrs. We can only qualify for ILR (long residence ) after 10yrs and at the moment we are only 9yrs in the UK. we wont be 10yrs till next yr sept. However his PSW permit expires in next month and as we are dependants on him, the expiry date on ours is also the same.
he isnt on any of the work permits as he hasnt been able to secure a graduate job. he was one of the last to get the post study work permit. We have never overstayed and have been legally resident through out our 9 yr stay

[vinny]

Does he have a current employer that may be able to get him onto Tier 2 (General)?

Can he apply under another category of the High-value migrants?

[october2013]

no he is currently unemployed ( i have been employed for the last 6 yrs). because he is on the post study work permit, i dont think he is allowed to apply for tier 1 highly skilled migrant

[vinny]

You're right. He is not eligible to apply under Tier 1 (General). But what about the other categories?

[october2013]

He cant apply under the "exceptional talent" as it has to be endorsed by one of 4 bodies - non of whom he is a member. green renewable energy is his discipline
Entrepreneur or investor is almost impossible as we dont have the financial requirements
he cant switch to the graduate entrepreneur as he is ineligible due to his psw

[vinny]

After a brief look at E-LTRPT.2.2, E-LTRPT.2.3, EX1, EX1 Guidance, 276ADE and Long residence Guidance, I'm afraid that Lawyer C may be correct.

However, any refusal may be worth challenging under Article 8 and best interests of child.

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