ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Extension of discretionary leave to remain - please help!

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
joy2006
Junior Member
Posts: 56
Joined: Mon Feb 20, 2012 9:05 am

Extension of discretionary leave to remain - please help!

Post by joy2006 » Sat Mar 15, 2014 8:03 am

Hi Gurus,

Am seeking help for my friends and this is how their story goes. Male came to uk on a vistor's visa and claimed asylum after visitor visa expired, asylum was refused after numerous appeals. In the process, male got a girlfriend who had ILR, did a civil wedding and submitted another application on those grounds of marriage. Case was refused and was asked to go back to home country and reapply for a spouse visa to allow him to re enter uk. Male succeeded and returned on two year spouse visa to join wife.

On return, that's when things got messy with wife and marriage broke down before 2yr spouse visa expired. Anyway, male got another girlfriend who was on a non-Eea dependant visa, they moved in together. So when male's spouse visa expired, male reapplied on grounds of human rights of having family members in uk, steady job and relationship with girlfriend. Male was granted discretionary leave to remain for 3yrs.

Male and girlfriend are still living under the same roof but relationship has been strained for the passed 2yrs and don't see future together as a couple though they still get on greatly as friends. Girl has now become british citizen and male's 3yr visa is expiring next month and wants to extend it on the same grounds but because there's no future as a couple, girl doesn't want to support male's application even though they are leaving together. Girl doesn't want anything to do with male's application even though she has supported him before when they were still in love.

1. The question is, what does my male friend have to do to stay in the uk?
2. Can his case still be successful without girl's supporting documents to show they have been living together?
3. What kind of documents/information does he need to show the homeoffice to prove he can still stay in the country?

Any advise would be appreciated because he is freaking out about the whole situation.

joy2006
Junior Member
Posts: 56
Joined: Mon Feb 20, 2012 9:05 am

Re: Extension of discretionary leave to remain - please help

Post by joy2006 » Sun Mar 16, 2014 8:03 am

Vinny/Amber and Gurus can you please give advise as per the post above.

Amber
Moderator
Posts: 17474
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Extension of discretionary leave to remain - please help

Post by Amber » Sun Mar 16, 2014 8:19 am

Any children?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

joy2006
Junior Member
Posts: 56
Joined: Mon Feb 20, 2012 9:05 am

Re: Extension of discretionary leave to remain - please help

Post by joy2006 » Mon Mar 17, 2014 12:25 am

No children

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: Extension of discretionary leave to remain - please help

Post by MPH80 » Mon Mar 17, 2014 2:31 pm

In order to extend his discretionary leave - he'd have to show his circumstances are the same. They aren't.

So he'll need to put together an application that shows why he's still entitled to discretionary leave. But he's single, not in a relationship and not having any kids.

I don't see that strong a case other than 'I have been here a while'.

Locked