Discretionary Leave to Remain - Married to a British Citizen

[TazMaz]

Hi all,
I'm hoping someone can advise - I am currently on a Discretionary leave to Remain in the UK based on my marriage to a British citizen. It is now 5 years and I believe the rule states 10 years on DL. Is that rule set in stone or can a good solicitor get me out of it and get an indefinite leave to remain? I have been living in the UK for 17 years however I only got on the DL 5 years ago. Can anyone provide any advise on this matter?

[CR001]

What is your full immigration history over the 17 years.

You must hold DLR for 6 years before you can apply for ILR.

[TazMaz]

I overstayed by 2 years which is why I ended on a Discretionary Leave status once I got married. Re 6 years on DL, it appears that that rule has now changed to 10 years - which is quite long. This is why I am curious to know if there is an exception to the rule especially as it greatly impacts on family life.

[secret.simon]

As I understand it (and I could be wrong), DLR is typically issued to refugees. By marrying a British citizen, you may have switched to either the FLR(FP) route, if your British spouse does not meet the salary requirements (£18,600 per annum) or the FLR(M) route, if s/he does.

FLR(FP) route for spouses of British citizens who do not meet the salary requirements is designed to lead to ILR after 10 years. And that period of time (10 years) takes their family ties into consideration. FLR(M) leads to ILR in five years, assuming that your British spouse meets the requirements at both the half-way (2.5 years) and the five year mark. FLR(M) also requires you to meet English language requirements.

So, first let us know precisely which route you are on and we can guide you further.

EDIT: I missed the part about you having overstayed. Not sure if you can switch to the FLR(M) five year route if you have overstayed. Others will advise you further on that specific point.