Discretionary leave to remain time scale

There have been about half a dozen DL's on the forum over the last five years or so, but you're right in the sense that there's only one pattern.  It's people who are not secure enough, or mature enough, in their relationship to be able to tolerate separation.  Usually coupled up with abysmal finances and/or criminal history.  Or both.  And upon getting DL they go straight for public funds.

The sad part is that I don't think *any* of the DL's have actually survived in their relationships.  Maybe one, but I would have to check.   Emotional maturity certainly figures in to it, but at least part of what makes the relationship break down appears to be the protracted stress brought about by immigration limbo, but that's OPINION only.   Correct me if I'm wrong, but I think the last case we saw in here turned abusive.

I'd just like to say on this that we are not lacking any kid of maturity and cant face separation due to just not wanting to be separated as i have explained in this thread. Also I myself work and don't claim public funds and certainly don't intend to to claim any on behalf of my husband nor will he claim any himself. He has a job offer already if we can get a visa for him to stay here which allows him to work and i myself have a position for him within a job he can do.

We are secure in our relationship, we have just lost a baby and want to be able to go through this together not on separate sides of the Atlantic..

D'oh!  I even posted in that one and forgot about it!  Still, it's a good illustration of why DL is a bad idea, especially when there's no reason to expect that a spousal visa application would be refused.

And aside from this thread there's another one brewing in the background as we speak  

There's a couple of ways to look at it.  In the 'micro' sense, everybody has some sort of justification for themselves, and if you accept their justifications than DL is an appropriate measure; in the 'macro' sense we have a British public who is mightily pissed off about it and making laws that aspire to exclude about 50% of family migrants.  It's all very polarized and doesn't seem to offer a middle ground.

I'd just like to say on this that we are not lacking any kid of maturity and cant face separation due to just not wanting to be separated as i have explained in this thread.

That's fine, but the problem with that is that I would guess your situation probably won't be considered bad enough for you to be granted DL.

In terms of refused visas, look at it this way:

- The chance of him being refused the spousal visa in the US is about 3%, even with his convictions (about 97% of spousal visa applications made in the US are successful).

- The chance of him being refused the FLR(M) visa here in the UK is 100% (because he isn't eligible to apply for it in the first place).

So if he stays in the UK, he's looking at getting a bad immigration record on top of his convictions (because his FLR(M) visa will be refused and he really doesn't want to get a visa refusal if it can be helped), as well as a chance that he will not get DL and will have to return to the US anyway.

Can you tell me if applying for eea family permit is an option or is that only if you are planning to live elsewhere in Europe ?

Yes, that is not an option for living in the UK as a family of a UK citizen.

Thankyou xx

I am afraid that I would have to agree with KS and others.  Unless the solicitor thinks you have a chance under zambrano that I pm'd you about and I am not qualified to answer that question for you.

Then I really do think that returning to the US is his best option.  As Shandy said to apply for DL you will first have to apply for FLR(M) which costs 550 pounds or there abouts.  Which is a waste of money because you cannot qualify for it.

However if he returns to the US which will cost depending on where you are flying too about 300 to 600 pounds for a return flight and a spouse visa which will cost you 810 pounds so you are talking bout a difference of potentially 600 pounds but you know he qualifies for it and you won't be wasting your money.

I understand why you want him to have discretionary leave but really if you can find any other way at all I would most seriously consider it.  And belive me I so know where you are coming from on this.

Once you get an adverse imigration history and I know from experience because My DIL has one (refused entry) then if he even wants to visit you in the UK he will have to apply for entry clearance first which is going to cost money.  Processing times for any visa's will take longer etc etc.  

I am not having a go at you but its not an easy road.

Love pads x

Best wishes x

Why would he have adverse immigration history if we are applying whilst his visa is still valid ??

I don't really have anything to add to the original conversation, I agree with what the others have said :/ I am very sorry for your loss but it is probably worth biting the bullet and sending your husband home for a few weeks. It will work out cheaper for only his flight, accommodation, food etc. Not to mention that he will be able to come back to the UK and take on that job right away! I think it would be worth a few months of scrimping and paying off the credit card for this than the months of agonized waiting.

Why would he have adverse immigration history if we are applying whilst his visa is still valid ??

Being denied a visa is an ugly red mark on immigration history.

And aside from this thread there's another one brewing in the background as we speak  

I have been thinking this for a few weeks/months now. I am interested to see how it plays out.

Why would he have adverse immigration history if we are applying whilst his visa is still valid ??

You can't convert from a visitor to a spouse so, unless he leaves before the 6 months is up, he'd be classed as an overstayer.

Maybe you'll both feel a bit better once the six months is up and feel like he can leave and do thinks by the rules.  I'm really sorry to hear about your loss but I doubt the UKBA will take much notice of it.

Others have been forced to follow the same rules in similar circumstances.  Good luck though, however you decide to handle it.

Why would he have adverse immigration history if we are applying whilst his visa is still valid ??

His visa is valid to travel and be a tourist, not to switch into another visa category, which is what you are proposing to do. Therefore, he will automatically be refused his spousal visa if he applied for it from inside the UK, because he simply is not eligible for it, and he will acquire an adverse immigration history because of it for not doing things by the book. Sure, he is not currently an overstayer or using NHS or working illegally, but applying for a visa you are not eligible for is as much of a no-no for a person's immigration record.

If you get all your documents together before he leaves, have him go back to the US and apply for the spousal visa as soon as his feet hit the ground, it is entirely possible that he could be back in the UK in as little as 2 or 3 weeks with a shiny new visa and a heck of a lot less stress and hassle.

Good luck with everything, and I am very sorry for your loss.

Remember that you can go *anywhere* in the US to apply for the visa, you don't have to go to where you are from. I'm sure you can get fairly cheap tickets in January to somewhere on the East Coast, even if that's not where you're from. I would go to a major metro area and look on CL for a month's sublet of a room in an apartment. I think you could easily find something for maybe $500-600 for the month. No, it's not ideal but it's temporary and cheaper than a hotel (and can be set up in advance). Major metro areas on the East Coast generally also don't require renting a car to get around so that's a plus. If there's any friends or family anywhere in the US who you could stay with, that might increase the cost of the flights but make accommodation free.

The husband going alone should really not be a problem--I understand emotional fragility, etc, but this gives you over a month more (depending on entrance date) to continue to be together in the UK and for you to recover. It really seems foolhardy to TRY to apply for discretionary leave when you have other options. The whole ordeal could easily take two weeks or less.

How does it work if you apply for a spouse visa but are living in a hotel ?? Where do they contact you to let u know
Progress of visa ??

How does it work if you apply for a spouse visa but are living in a hotel ?? Where do they contact you to let u know
Progress of visa ??

Updates are received via email, not sure how it'll work being in a hotel though, some sort of short term condo/apartment or something might be better.

I found a link to the article I read before where someone was in a similar position and lost appeal.

http://www.guardian.co.uk/uk/2011/jul/17/john-jessica-nicholl-vince-cable

How does it work if you apply for a spouse visa but are living in a hotel ?? Where do they contact you to let u know
Progress of visa ??

I'm sure hotels have a mailing address and most should have a way for mail to be sent to you, especially if you negotiate a long term stay. You could also look at getting a PO Box (for maybe $30) for the duration.