confused-refused discretionary 28 days spouse visa applic

[medge89]

Regarding my immigration status. Basically I applied for discretionary under private life before my psw expired enabling me to continue staying here legally. I have had 2 court hearings since then. First one I was already living with my partner but not married so we were rejected. After that we got married but on the second hearing they didnt acknowledge that since there was no error of law by the first judge. I applied for permission to appeal to the CoA but was refused on the 21st of october. Now I have decided to make a fresh application. My question is whether I need to go back to the philippines where I come from or if I can apply from here as long as it's within 28 days. An immigration adviser was saying I can apply from here within the rules until the 28 days is up and even via the premium service (he has spoken to a manager in the peo and they said they will consider it). My current solicitor said i cant switch applying for discretionary to applying under the rules. Would you be able to give me your thoughts? Thanks I'm really confused as obviously I would prefer to get my visa asap. The problem is im running out of time. If I apply via the premium service and get rejected, I wouldve wasted money and I would have no time to organise my application to the philippines before I go back.

[DOJM]

Hi there, you replied to my post as it seems you are in a similar position.

I sought several opinions before deciding to apply from within country. It seems the crux of it comes down to the conditions of the last visa. My wife's was a tier 4 student visa, which enabled her to apply from within the country, so we are told.

The judge that heard our appeal however was under the impression that she would have to return. It seems that there is some disagreement over the issue and even if the official line is that the visa should be allowed, perhaps the danger is that it is not interpreted that way by the case officer and there is no right to appeal.

Apparently there is also a danger that discretionary leave is awarded, although I don't know how likely that this.

I was informed categorically that the premium service would not be possible in my case.

[HNJ]

hi

I am in same situation
my tier 1 enterpnure visa refused appeal refused now want to apply spouse with british partner
can I apply within 28 days

[Obie]

You should be able to , provided all the requirements in the rules are met.