Discretionary leave to remain time scale

this is the quickest way to do it apply on line while he is uk schedule biometrics as soon as he lands.  Rent a cheap hotel motel or bribe any family and friends in us for a two week stay.  Pay for priority if you can afford it about 300 pounds mail as soon as biometrics is done.

go back to hotel you should here within 48 hours to two weeks at the most 3 weeks the priority service guarantee's visa issued within 3 weeks or 15 working days for those with no adverse imigration history or criminal convictions not sure if those you mentioned would count against this.

However we have had members in similar positions with above processed within 16 days.

Good luck if you have no funds see if anyone can loan them to you you can pay them back when your hubby takes that job offer you mentioned.

Best of luck love pads x

Pads, I'm not sure you can do the biometrics appointment from within the UK.  I was going to do that but was warned off and told to do it when I landed back in the USA.  Something to do with they could say you didn't apply from the USA as the dates wouldn't match with flight tickets.

hmm I didn't think of that well they can apply on line as soon as he lands then.

Thanks for pointing that out,  I was only thinking because my son applied from here and scheduled biometrics for my DIL but she was already in US of course.

Thanks shandy x

Thanks for pointing that out,  I was only thinking because my son applied from here and scheduled biometrics for my DIL but she was already in US of course.

Yeah, that's okay, as long as the applicant is physically in the US at the time of applying online because that is the official application date (although since it's your DIL's visa she should probably have applied for it herself so she could make sure all her personal details were correct).

We have been told that human rights act states we have a right to family life and that is all we want.

I may be wrong but I don't think the Human Rights Act does you any good.  Others have claimed human rights but are denied if the other country will allow you to settle.  For example, if you are legally able to settle in the US as a couple and are denied a UK visa, then there is no UK human rights violation.  You still have a right to a family life just elsewhere.

I may be wrong but I don't think the Human Rights Act does you any good.  Others have claimed human rights but are denied if the other country will allow you to settle.  For example, if you are legally able to settle in the US as a couple and are denied a UK visa, then there is no UK human rights violation.  You still have a right to a family life just elsewhere.

That's their usual get-out for out of county applications.  They'd find it a lot harder to apply that logic for in country removals etc I think.  Especially for turning down ILR on finance grounds etc.  Saying that, in the link I posted, it did that couple no good.

Yeah, that's okay, as long as the applicant is physically in the US at the time of applying online because that is the official application date (although since it's your DIL's visa she should probably have applied for it herself so she could make sure all her personal details were correct).

She did they did it together he asked my DIL for each section he had to do it because he had to pay on his card because she dosen't have one.  Just to clear that up.

Love pads x

Just to help clarify by throwing in a bit of trivia...

Discretionary Leave and Article 8 family life entitlement are two totally different animals, in different ballparks, even though they both can get lumped in the 'last resort' category.  They have different purposes and serve different types of cases. 

One important difference is that their internal guidance spells out that Article 8 is an implicit recourse in all family applications whereas DL is not.  Article 8 usually requires an insurmountable obstacle to entry clearance whereas DL does not.  And so on ad infinitum.

So the thread's about DL but then Article 8 snuck in to it.  Keep the two separate and you'll be doing the OP a favor.   

So the thread's about DL but then Article 8 snuck in to it.  Keep the two separate and you'll be doing the OP a favor.   

Very true, to be fair though, it was the OP who brought up Article 8 in the first place.

Very true, to be fair though, it was the OP who brought up Article 8 in the first place.

Indeed. And my point for bringing it up is that if the OP is relying on human rights and been advised that the human rights act will allow her husband to stay, she may be getting very poor advice.

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..

It's worth doing things properly not to get hassled at the border everytime you enter the UK. I have an ILR and I am still detained everytime I enter the UK. That refusal will superseed anything else and you sit in the naughty chair for 30 minutes and it's hot and everyone looks at you like you are a criminal while they do their checks. Then if anyone is picking you up it's extra time in short term parking and that adds up. Fly to the States, apply there,  and you will thank yourself later.

Sorry everyone I only just seen all you latest replies as for some reason I never received an email notification for any of them xx

We saw a solicitor today who has told us we can apply for a spouse visa from within the Uk with supporting letters from a doctor regarding my husbands bipolar ((not sure I mentioned this before)) and mentioning that he is concerned about returning on his own and I am
Unable to return due to the fact I have 2 children here and very little support so will have nobody to help me by having children for few weeks .

The solicitor has said it has to be a strong case and is 50/50 it will be accepted by a judge at appeal but he is sure it will be denied first time round.

We are now considering going back
To America but we are not definite what we are going to do as of yet..

I suppose we are just hoping to do all from here simply because my husband has no where to live in America anymore, we are settled here much as we can be, my husband is a totally different person these last couple of months and is so happy here. When we left the solicitors he said tonight that he can't envisage going back there, he is so worried and he said all he wants is to stay together and be happy without all the obstacles.

It's hard because of his bipolar and depression which he us treated for in the us he is finding this so hard to deal with as he feels like he has finally found a happy place and it's so hard for him to remain in it .

I just pray that things work out for us one way or another and hope he finds the strength to return on his own but if I feel like it's going to put him in a situation which could be bad for him we will go down DLR route x

I just pray that things work out for us one way or another and hope he finds the strength to return on his own but if I feel like it's going to put him in a situation which could be bad for him we will go down DLR route x

If you go down the DLR route, it's pretty guaranteed that you will all be in a bad situation. You're looking at months or years of uncertainty and stress, and all the while your husband won't be able to access the NHS for care or be allowed to work. That can't be a good thing. Try to scrape the money together to fly him back to the US and to stay in a cheap motel for a few weeks. Video chat for hours every night for emotional support and before you know it, it'll be over. I think any relationship that will work in the long term can withstand 2 or 3 weeks away from one another. Staying in the UK and being happy without the obstacles is unfortunately NOT an option. You might succeed eventually with the discretionary leave route but it's likely you will not. Even your solicitor only gives you a 50/50 chance! If, in the end, you don't win, he'll have to return to the US anyway and any application for an entry clearance will be complicated and take a very long time. Why accept those odds and the stress and hassle that come with them when it's very easy to just go back to the US for a few weeks and then never have to return again?   

Presley, you really do have to do things the right, however hard or unfair it might seem.

Back in May, I was in a similar position to you, I had just had a miscarriage and I had another month of my 6 month visitor stamp.  I was only 20 years old and the rules back then stated I must wait until I'm 21 to re-enter the UK.

I went back to the USA, thankfully I had somewhere to stay though, applied for a visa, got it in 8 days, but couldn't use it for another 2.5 months when I turned 21.  They even teased me by making my visa "valid" on the day they issued it. 

Anyway, I'm back here in the UK with my husband and spouse visa.  DLR really has to be the last option and it's not in your case so chances are he'll be removed anyway with a big black mark against his name and will have no chance of a straight forward spouse visa in 8 days in the future.

Good luck, whatever you decide.

I am afraid I do have to agree with shandy and aimless traveller. 

No one likes being separated trust me I know I have not seen my daughter in law for 20 months now and never seen my one year old grand daughter except in photo's.  Also I am being treated for depression due to the stress of all this so I truly sympathise.

The problem with discretionary leave is its just that its at there discretion.  You might think you have good reasons (and everyone on here is sympathetic to those) but this is the UKBA they are there to enforce the rules and to keep as many people out of britain as its legally possible to do so)  Sorry to be blunt but that's the truth who else would turn a heavily pregnant women (my DIL) straight round and put her on next plane after a 12 hour flight.  They would.  They might have a heart somewhere but seriously in all honesty I doubt it.

If it was me I would seriously consider trying to find a way to send him back for a couple of weeks with a clean record and if you have funds to support him then it will be a clear cut case and he will have his visa within a couple of weeks less stress all around.

If you want more info on what exactly you need to prove for a spouse visa see the maintenance and budgeting thread at the top of the visa section.

People will help you with what documents you need to provide so you are not alone in this and everyone here is routing for you.

Love pads x

Another thing worth considering....

I don't know what your finances are like but if he gets deported after a failed appeal, you'll be playing by the new financial requirement rules which are likely to be much tougher than they are now.