Visit Visa to Discretionary Leave in UK

Hi to all, I am a British Citizen and I have 3 children aged 10+6+3 who are also British Citizens. We are currently residing in Pakistan. My wife is a Pakistani Citizen and she has a UK visitor visa. We are on holidays here in UK and I would like to know if my wife can change her visa from Visitor to Further leave to remain on the basis of Article 8 of Family lif. Has anybody else gone through from Visitor to Discreationary leave for being a mother and spouse of British Citizen?

Malik220403 wrote: ↑

Sat May 13, 2023 6:03 pm

Hi to all, I am a British Citizen and I have 3 children aged 10+6+3 who are also British Citizens. We are currently residing in Pakistan. My wife is a Pakistani Citizen and she has a UK visitor visa. We are on holidays here in UK and I would like to know if my wife can change her visa from Visitor to Further leave to remain on the basis of Article 8 of Family lif. Has anybody else gone through from Visitor to Discreationary leave for being a mother and spouse of British Citizen?

If as you said you are currently residing in Pakistan there won't be need for a long term visa leading to settlement in UK.

The proper route for her will be spouse visa if you are considering family back to stay in UK. This application will require for her to apply from outside the UK and you as the husband need to meet certain requirements.

Do have a read below

https://www.gov.uk/uk-family-visa/partner-spouse

Thanks for your reply but my question hasn't been answered. Please pay attention to my question that my wife is eligible for Discretionary leave or not although I am settled in Pakistan but I wish to use this route if it is possible?

I would highly doubt that.
In the eyes of a visa officer, you all are settled in Pakistan, so Article 8 wouldn't really apply here - you have right to enjoy family life in Pakistan.
See this freemovement article - https://freemovement.org.uk/article-8-r ... in-the-uk/

Thanks looks like it is not possible this way. Thanks for your help anyway but Home Office doesn't consider if kids are settled and kids are British

Malik220403 wrote: ↑

Sat May 13, 2023 8:06 pm

Thanks looks like it is not possible this way. Thanks for your help anyway but Home Office doesn't consider if kids are settled and kids are British

You and kids are British however from what you have stated not settled or have an existing family in UK.
Harsh and hard to believe but consistently from Home Office and even court ruling it appears there is nor right to family life in UK even for BC.

As British Citizens you and your children are free to return to the U.K., take up residence and envoys the rights of British Citizens. Those rights and benefits are not transferable to family members through parenthood or marriage / civil partnership. If your spouse was to travel to the UK under a visit visa and attempt to vary to DL then it would be a simple refusal and she will find herself being removed with all the stress and unpleasantness that is involved.

Do the right thing, apply for a spouse visa and then return to the U.K. knowing your family is free from the restrictions and possible consequences.