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kono
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Posts: 5
Joined: Tue Jul 20, 2010 6:02 pm
Location: london
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worried-discretionary leave

Post by kono » Thu Jul 07, 2011 12:17 am

Hi there, i want help pls, am really confused and worried at the moment.
Am a non-Eu citizen got married to my long time british girlfriend early last year,we have 2 kids together, i have applied for DL last year july and i was denied, i was asked to go back to my country and i applied for entry clearance. i have re-summited my application using all the required documents which i didn't use at the beginning. since i have done that i have not heard from them, my lawyer have written several letters, still no reply.
Although me and my wife weren't leaving together when we were dating, until we got married.
pls advice, what can i do next?

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Thu Jul 07, 2011 6:32 am

Sorry, don't understand.
- what application have you submitted, LTR or entry clearance?
- when was it submitted?
- where are you now? Your i/d says London.

kono
Newly Registered
Posts: 5
Joined: Tue Jul 20, 2010 6:02 pm
Location: london
Contact:

Post by kono » Thu Jul 07, 2011 11:16 pm

Hi Mr Rusty,
-i summited an application for discretionary leave in uk, got married to my wife in uk early last year. my wife and children are british citizens
- i summited the application in july last year, and i summited further representation in january 2011. and since january i have not heard from them.
- am uk(london)
Thanks for your reply.
Mr Rusty wrote:Sorry, don't understand.
- what application have you submitted, LTR or entry clearance?
- when was it submitted?
- where are you now? Your i/d says London.

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Fri Jul 08, 2011 4:30 am

So you were refused discretionary leave and advised to return to your own country to seek the proper entry clearance. Why didn't you do that? You could well have been granted and be back here legally now.

kono
Newly Registered
Posts: 5
Joined: Tue Jul 20, 2010 6:02 pm
Location: london
Contact:

Post by kono » Fri Jul 08, 2011 3:42 pm

yea i know, but is too late now. i don't wanna leave my family for that long,because i have seen family seperated for a very long time and i don't want that to happen to me.
but in these situation what do i do?
Mr Rusty wrote:So you were refused discretionary leave and advised to return to your own country to seek the proper entry clearance. Why didn't you do that? You could well have been granted and be back here legally now.

IMMIGRATION LAWYER
Member
Posts: 159
Joined: Tue Aug 14, 2007 9:20 pm
Location: UK
United Kingdom

Re: worried-discretionary leave

Post by IMMIGRATION LAWYER » Tue Jul 12, 2011 3:01 pm

I am quite skeptical about your chances of success.

It would many times easier to get a proper visa from overseas.

You may achieve nothing and eventually be still required to leave.

When your lawyer took your instructions initially, how did he/she explain you that your application could be successful ? Any case law reference ?
kono wrote:Hi there, i want help pls, am really confused and worried at the moment.
Am a non-Eu citizen got married to my long time british girlfriend early last year,we have 2 kids together, i have applied for DL last year july and i was denied, i was asked to go back to my country and i applied for entry clearance. i have re-summited my application using all the required documents which i didn't use at the beginning. since i have done that i have not heard from them, my lawyer have written several letters, still no reply.
Although me and my wife weren't leaving together when we were dating, until we got married.
pls advice, what can i do next?

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