Pages: [1] 2 3 ... 6  All   Go Down
Print
Author Topic: Discretionary leave to remain time scale  (Read 6541 times)
Presley77
Newcomer
*

Reputation: 0
Offline Offline

Gender: Female
Posts: 23




« on: November 27, 2011, 10:49:04 PM »

Does anybody know how long it is currently taking for a decision once an application has been made for DLR using Fl(m) for as a spouse of a Uk resident ?

I am applying for DLR as opposed to going home to us to apply for spouse visa due to personal circumstances. Even though I know it may not br accepted and I
May have to return to us anyway and pay for spouse visa my personal situation at the moment means I would like to try apply to stay here for a bit longer before I have to return. I have been advised that I can use human rights act section 8 in my application as I feel at this time I need to be with my wife and step children

Any advice on applying and also how long it may take to reach a decision

Thanks in advance
 Huh
 Huh

Logged
historyenne
erstwhile vespa girl
Ambassador
*****
United Kingdom

Reputation: 74
Offline Offline

Gender: Female
Location: Baku, Azerbaijan
Posts: 5591


Britannicaine



« Reply #1 on: November 27, 2011, 11:05:59 PM »

The only time we've seen Discretionary Leave granted on this forum, it took over six months and required an appeal.  Are you using legal help?
Logged

On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel
garry
Guest

« Reply #2 on: November 27, 2011, 11:09:06 PM »

Does anybody know how long it is currently taking for a decision once an application has been made for DLR using Fl(m) for as a spouse of a Uk resident ?

What form did you use?
Logged
Presley77
Newcomer
*

Reputation: 0
Offline Offline

Gender: Female
Posts: 23




« Reply #3 on: November 27, 2011, 11:15:00 PM »

The only time we've seen Discretionary Leave granted on this forum, it took over six months and required an appeal.  Are you using legal help?


We have spoken to a solicitor who has told us it may not be accepted but we have a good case to apply. We are not sure whether to let the solicitor take us thru the whole process as we are not sure how that will make a difference.

We thought maybe have the solicitor if it gets to appeal stage.

What is the protocol if it is denied first time and what is my status in Uk whilst I wait for a decision ??
Logged
Presley77
Newcomer
*

Reputation: 0
Offline Offline

Gender: Female
Posts: 23




« Reply #4 on: November 27, 2011, 11:22:41 PM »

What form did you use?

We was told to use FL(m)
Logged
garry
Guest

« Reply #5 on: November 28, 2011, 02:24:02 AM »

We was told to use FL(m)

And thus my point...   Smiley

A person cannot *apply* for DL.  There are no provisions in the law for that.  Instead it is *granted* by SSHD when a normal application fails.  It's an important distinction to keep in mind.   Roll Eyes   

So all bets on turn-around time are off.  They can do whatever they want and take as long as they want.  Everybody is different in these situations and trying to glean information from the internet ultimately leads to nowhere.  I have seen cases take up to 8 years to resolve.

And waiting until the appeal stage to engage a professional serves only to lengthen the time that you are in the murky land of immigration limbo. 

Forum seniors, please add this to advice.   Wink 
 
Logged
ksand24
I Live Here!
*****
United Kingdom

Reputation: 89
Offline Offline

Gender: Female
Location: Lincolnshire, UK
Posts: 10026




« Reply #6 on: November 28, 2011, 04:47:28 AM »

And thus my point...   Smiley

A person cannot *apply* for DL.  There are no provisions in the law for that.  Instead it is *granted* by SSHD when a normal application fails.  It's an important distinction to keep in mind.   Roll Eyes 

Exactly - for DL to be granted, first you have to apply for an FLR(M) visa (which you aren't even eligible for, because you must return to the US to apply for a spousal visa), then you have to wait for it to be refused (which means you will have a refused visa on your immigration record, which will affect all your other visa applications in the future)... then you'll need to appeal the refused visa (but you may not have a leg to stand on because you knew you were supposed return to the US to apply for a spousal visa and you didn't) and hope that they are kind and grant you DL (which may or may not happen).

All in all, you might as well just go back to the US, apply for a spousal visa and then fly back to the UK again... if you're organised, you're looking at it taking only a couple of weeks or so and then you could be back in the UK, instead of waiting months or possibly even years for DL, which you may not even get anyway.

Also, if you returned to the US to get the spousal visa, under current immigration laws you could apply for permanent residence after 2 years and UK citizenship after 3 years. With DL, you're looking at 6-10 years before you can even apply for permanent residence (and you would have to keep applying to renew the DL every couple of years, which may or may not be granted as they have to review your personal circumstances each time and decide whether or not they still apply).
Logged
Presley77
Newcomer
*

Reputation: 0
Offline Offline

Gender: Female
Posts: 23




« Reply #7 on: November 28, 2011, 09:44:30 AM »

Basically the reason we want to apply for that is because of the following :-

We have just lost a baby a few weeks ago and We don't feel strong enough emotionally and my wife physically at the moment to make the journey back to the states and we want to go together in case we are called for an interview. All we want is a bit more time to grieve and be together in this situation as the very thought of
Me returning and then the visa being refused terrifies us

((the wife))

Hello everyone thanks for your replies x

Our situation
Is very complicated and not quite as clear cut as we would like. My husband before he came here lived with a friend who he cannot return to live with once he arrives back in the us and as he has no family willing to let him stay either he will have to stay in a hotel for the time in America. The flights in jan are so expensive adding to that accommodation an visa as well as food etc for couple weeks ends up sooo expensive and at this stage we just don't have the money too.

We are so worried about it all as the miscarriage I just been thru was described by medics as a bad one an has left me physically drained. I don't want to go thru this without my husband Sad

Even if applying for dlr just delayed him having to go back for a while will it not be worth a try Huh
Logged
Shandy
GoldMember
*****

Reputation: 2
Offline Offline

Posts: 911



« Reply #8 on: November 28, 2011, 11:23:45 AM »

Having been in the exact same position as you, I'd really advise you just bite the bullet and apply for your spouse visa in the USA.

In fact, I was in a worse position as the laws at the time meant I had to be away for 3 months until my 21st birthday.  You could be back in about 2 weeks, I had my visa in hand 8 days after arriving back in the USA.

The other option is a minefield and will surely make the awful stress you're under even worse.
Logged
Presley77
Newcomer
*

Reputation: 0
Offline Offline

Gender: Female
Posts: 23




« Reply #9 on: November 28, 2011, 01:12:19 PM »

Why will it be alot harder to get DLR ?? I don't understand why they make people return to their home country and spend so
Much unnecessary money. Spouse visa in USA is really not an option for us cos we havent got the money for it al by January when his visa is due to expire Sad(

God this is so difficult x
Logged
pads
Guru
*****

Reputation: 3
Offline Offline

Posts: 1086



« Reply #10 on: November 28, 2011, 01:13:40 PM »

What visa is your husband currently on that is the first thing to get straight.

As KS says you can if you are organised and pay for priority processing in the US have a decision within a matter of a couple of weeks sometimes people have got an answer within a couple of days.

I know you have been through the most difficult circumstances and my heart goes out to you but without knowing what your husbands current imigration status is its difficult to advise further.

Love pads x
Logged
Presley77
Newcomer
*

Reputation: 0
Offline Offline

Gender: Female
Posts: 23




« Reply #11 on: November 28, 2011, 01:58:53 PM »

Hey xx

He is here on a visit visa which I know can't normally be changed to a spouse visa in the country , however we were advised that DLR is done outside of all immigration laws and that's why we can apply for that for him to stay.

Realistically how long do you think we will wait for a decision and what is his status whilst we are waiting ? I believe he is still classed as on a visit visa so can't work etc. Is this correct ? And also we don't
Mind if it takes a while to sort out as that's what we want really a bit
More time to save to go America together etc.

The thing that scares us so much is if he goes back and they refuse visa I will have to come home on my own knowing he has nowhere to live in America anymore. We are trying to get his mum to agree for him to stay there but as he has bipolar disorder she is not very happy to take him on.

Since he has been here with me and my family he has change tremendously and is very happy and settled, until we lost baby , now he is happy to be here bug we don't want to go thru this alone. I am worried about him and how he will react if he has to styin America without me and he is too concerned about
Me due to my fragile state after losing the baby

We really appreciate all your help on here x
Logged
MalcolmB
GoldMember
*****

Reputation: 12
Offline Offline

Gender: Male
Location: London
Posts: 693




« Reply #12 on: November 28, 2011, 02:03:01 PM »

Can you go to the US with him whilst he applies for his spousal visa?
Logged
historyenne
erstwhile vespa girl
Ambassador
*****
United Kingdom

Reputation: 74
Offline Offline

Gender: Female
Location: Baku, Azerbaijan
Posts: 5591


Britannicaine



« Reply #13 on: November 28, 2011, 02:14:34 PM »

Normally, when someone applies for an extension of leave, the conditions of their current leave extend until the application is decided.  In a case when someone applies outside the rules, though, I'm not sure if this applies.  Certainly, he is not eligible to work, claim benefits, volunteer, get a library card, or anything that visitors don't normally do. 

The only time we have seen a case like this on the forum, the FLR(M) took about eight months before it was refused, and then the husband's therapist had to step in and call the border agency in order to get discretionary leave granted for the wife. 

I am very sympathetic to your situation, but I agree with the other posters.  It will be far better for you in the long run to get a regular spousal visa.  It will be much faster and save the hassle of your husband being out of status for all those months.  Yes, it's expensive, but it's an investment in your future. 
Logged

On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel
Presley77
Newcomer
*

Reputation: 0
Offline Offline

Gender: Female
Posts: 23




« Reply #14 on: November 28, 2011, 02:15:54 PM »

Yeah I could but not right now ecause flights are 800 each plus we need accommodation whilst we are there and food etc . X we looking at about 3k including visa cost which we just havent got at all x
Logged
Pages: [1] 2 3 ... 6  All   Go Up
Print
Jump to:  



  Sponsored Ads








coloured_drab