Discretionary leave to remain time scale

Yes very good point shandy I was going to mention that also.

Love pads x

The good UKY people in this thread have been very helpful, I think it's great.  Possibly missing the point, I don't know.  If I can just interject another thought for you all to consider.  

In terms of overall strategy...

When they go for FLR and it reaches the DL stage, he will be putting his cards on the table about his mental illness, and that's an imputed knock-on to viability for employment and other types of things like that.  Plus marginal finances.  Plus a *very* flimsy ground for jumping queue.  

If the DL is refused, all of that stuff is going to be in his file when he goes to the Tribunal, or for entry clearance, or even any other type of visa. And certainly from the Tribunal to the public domain. Their solicitor told them it's a 50/50 chance of success.  Would any of that affect your views on overall strategy?  How would you take those things into account in this early phase of strategy formulation?

with supporting letters from a doctor regarding my husbands bipolar

But this would involve your husband using NHS services, which is not allowed on his current visa...

all he wants is to stay together and be happy without all the obstacles.

Isn't this what everyone wants out of every situation in life?  I'm afraid it just doesn't work this way.  Life is full of obstacles and this (relatively small one) is probably the first of many for you and your husband.  Perhaps you should focus on doing what needs to be done under the current rules (as millions of peole before you have done) rather than spending all your energy on seeking preferential treatment.

Mirrajay

Can I just say that number 1 we are not seeking preferential treatment ! My husband has a disorder and tried to commit suicide couple years ago and I have a genuine fear he could try again. Also because of his bipolar he finds situations very difficult for example when we seen the solicitor yesterday he could hardly speak to him and he has sunk into a depression an hardly spoke  to me since then too. Really you shouldn't make judgements on things you have no idea about whatsoever !! It's not seeking preferential treatment its merely trying to find a way of doing this without him going back and doing it on his own

And number 2 - he won't be seeking any kind of nhs service but will be paying privately to see a doctor at a bupa hospital so nothing to do with nhs at all.

I appreciate in cases like this people want to judge and mak their
Own mind up but mental illness isn't an easy matter to deal with at all. He has been offered work with my uncle if he can stay for a couple of days and he wants to do that where as in America he has never ever worked due to his bipolar and risk assessment around alot of people. Working with one person in a fairly small environment will be much better for him.

I don't know why I feel like I have to justify anything to you anyway so I am leaving it at that. Maybe you should think about your choice of words if you didn't intend any malice.

It's not seeking preferential treatment its merely trying to find a way of doing this without him going back and doing it on his own

The thing is though that there isn't a legal way of doing this without him going back, without breaking the rules of his visa. If he wanted to be able to stay in the UK without having to return to the US after 6 months, he should have applied for a spousal visa to start with instead of coming as a visitor. He went the visitor visa path, so now he has to follow the visitor visa rules.

We've seen members of this forum in possibly even worse situations than yours and they have had to return to the US to apply for their visas. We've also had members of the forum who've spent years being separated from their UK partners because they didn't qualify for a visa right away. So for those people to read that you're planning on breaking immigration law and applying from the UK anyway instead of going back to the US like they had to, it's bound to feel a bit like you're looking for preferential treatment, even if you aren't.

Mirrajay

Can I just say that number 1 we are not seeking preferential treatment ! My husband has a disorder and tried to commit suicide couple years ago and I have a genuine fear he could try again. Also because of his bipolar he finds situations very difficult for example when we seen the solicitor yesterday he could hardly speak to him and he has sunk into a depression an hardly spoke  to me since then too.

Pressley, that sounds awful, it really does and you have my sympathy.  I can only imagine it'll be a lot more stressful for him not to follow the immigration rules.  A few weeks back in the UK following the rules, or years going against the immigration rules and possibly a much longer period of exclusion from the UK.

Talk him into doing the right thing now and it'll save him months/years of much greater stress down the line.  People aren't trying to have a go or suggest anything, they're just providing you with as much help as they can.  It would actually be easier to just humour you and say "good luck with your DLR etc" but that wouldn't get you very far.

Posters here also have no financial interest in your case, unlike your solicitor who seems to make quite bold 50/50 claims.

Posters here also have no financial interest in your case, unlike your solicitor who seems to make quite bold 50/50 claims.

The solicitor gets a legal aid grant from the LSC.  It's not all that much for the beginning part, but increases once the case goes to the tribunal or court stage.  It's not totally uncommon for some lawyers to make a living off of this.

UKBA was trying to kill it off altogether but only managed to get the grants slashed.  As part of the Legal Services Reform Act 2007, if he loses and the LSC come along later and determine that the case had no merit to begin with, he ends up getting bugger all.  Plus his street cred takes a hit.   

When they go for FLR and it reaches the DL stage, he will be putting his cards on the table about his mental illness, and that's an imputed knock-on to viability for employment and other types of things like that.  Plus marginal finances.  Plus a *very* flimsy ground for jumping queue. 

Are they allowed to take things like mental disorders into account? Or the fact that he has never worked in the US (so presumably is claiming benefits)? Because *if* they are allowed to look at these things then to me it would seem likely that he would claim benefits in the UK ASAP which would be frowned upon.

Presley, I am *NOT* saying that this is what your husband would do, I'm just interested on what, exactly, the UKBA are allowed to take into account. I know that Bipolar can be very serious, my mom was in and out of the mental hospital with it while I was a child. Still is, but doesn't really effect me from here.

My thoughts are that the less the UKBA knows about his mental health, the better, really. If they can take things like that into account. In that case, you really don't want DL.

Are they allowed to take things like mental disorders into account?

If he is basing a claim for compassion on it, then UKBA *has* to take it into account.    If he wins, fine.  If he loses, then what?  He becomes a mentally ill person with no financial viability who's trying to get an entry clearance.  And where does that leave us?  

As I mentioned before he can work for my
Uncle once legal an also I ave my own business a well as my job which he can do with me also. He wants to work and is never going to claim benefits as I never have either even when I could of as I had no job.

It Is a very daunting thing to go thru and with a spouse visa he will have no recourse to public funds anyway.

Solicitor said we will be applying for a spouse visa but from
Uk under compassionate grounds

As I mentioned before he can work for my
Uncle once legal an also I ave my own business a well as my job which he can do with me also. He wants to work and is never going to claim benefits as I never have either even when I could of as I had no job.

It Is a very daunting thing to go thru and with a spouse visa he will have no recourse to public funds anyway.

Solicitor said we will be applying for a spouse visa but from
Uk under compassionate grounds

Wouldn't it be better if he could work a month from now rather than a year?  How much is bupa because I have private health insurance and a month is the same price as a ticket to the US.

Just a quick one .. THE SOLICITOR we saw seemed to think that the whole application applying for spouse visa from Uk but on compassionate grounds an also mentioning them considering DLR if not spouse visa will take about 3 months from start to finish including appeal and then 28 days to
Leave country If still refused ! That's 4 months in total

Does that sound right ?

Send me the solicitor's name in pm...

I have sent the details to you x

Good, reputable law firm in the North West.  There's no need to requery the accuracy of what they told you here.  It might hurt their feelings