Can a discretionary visa bring his wife to uk as dependent

[confusedsam]

I Urgently need your help and advice regarding this immigration issue.

Personal information:
I have been a resident in the UK since 1999. I am self employed (Company Director) in UK and live in a rented flat in city centre. I have a discretionary limited leave to remain visa which started on the 6th FEB 2008 and ends in NOVEMBER 2011. I have been a lawful resident in the UK for over 10 years now.

I have Discretionary limited leave to remain and its based on humanitarian rights.This is because I had applied for long residency visa and was refused due to my 10 years residency was not fulfilled at the time. therefore appealed against the case and was given the visa I have now.

I got married in IRAN in DEC2008. My wife lives in IRAN. She has recently finished her University degree in IRAN in February 2010.

As she was a student in IRAN at that time, I wanted her to come and visit me in the UK. So we first applied for her to come as a visitor for 6months with a visit visa. She applied at the British embassy in IRAN and was granted her visa.

She therefore visit me in two occasions:

I have also traveled to IRAN about 5 or 6 times since we got married.

After this she had to prepare for her final year exams so we didn’t apply for another 6 month visit visa.

She has finished her university in FEB 2010 and I now want her to come and live with me as soon as possible.

Can you tell me what option/options I have in front of me and what help you can give me in this matter.

[UKBAbble]

I thought the gran of discretionary leave was because you claimed you couldn't return to Iran? Intersting.

[Rozen]

I doubt that you can bring over 'dependants' while you are on DL!

[confusedsam]

I thought the gran of discretionary leave was because you claimed you couldn't return to Iran? Intersting.

the grant of discretionary leave was because it was not fair to send me back to Iran, as I had many ties in England and going back to Iran would have been again humanitarian right.

I still can go to Iran for 10 day Holidays.

[confusedsam]

I doubt that you can bring over 'dependants' while you are on DL!

I have been told that when you have a discretionary leave, it means you are not under any specific category (such as a student or a person with a work visa), so there are not specific rules on bringing my wife as dependent.

But I find this very harsh, as this means I have to apply for my indefinite first which could take anything from 6 to 9 months and then apply for my wife settlement, which could take up to 6 months or more.

So this means I wont be able to see my wife for over a year, this is very damaging to a new marriage relationship.

I dont know what the fastest and best route is.

I was also told that since 1st January 2010, the fast track for long residency applications has been removed.

I am really confused on what to do

[ajmal]

I doubt that you can bring over 'dependants' while you are on DL!

I have been told that when you have a discretionary leave, it means you are not under any specific category (such as a student or a person with a work visa), so there are not specific rules on bringing my wife as dependent.

But I find this very harsh, as this means I have to apply for my indefinite first which could take anything from 6 to 9 months and then apply for my wife settlement, which could take up to 6 months or more.

So this means I wont be able to see my wife for over a year, this is very damaging to a new marriage relationship.

I dont know what the fastest and best route is.

I was also told that since 1st January 2010, the fast track for long residency applications has been removed.

I am really confused on what to do

You have residence permit (discretionary Leave) and your wife can apply spouse visa from Iran as per normal procedure

[confusedsam]

You have residence permit (discretionary Leave) and your wife can apply spouse visa from Iran as per normal procedure

A UK marriage visa, or spouse visa, enables your husband, wife or civil partner to apply for leave to enter, or leave to remain in the UK on the basis that they are married to a person who is present and settled in Britain.

Settled status means that you are living here lawfully with no time limit on your stay.

I am not settled in the UK. I don't think Discretionary is settled.

[ajmal]

You have residence permit (discretionary Leave) and your wife can apply spouse visa from Iran as per normal procedure

A UK marriage visa, or spouse visa, enables your husband, wife or civil partner to apply for leave to enter, or leave to remain in the UK on the basis that they are married to a person who is present and settled in Britain.

Settled status means that you are living here lawfully with no time limit on your stay.

I am not settled in the UK. I don't think Discretionary is settled.

Please read the letter from home office again which you might received with your discretionary Leave to Remain . You will get the answer. I still beleive your wife can come on spouse visa

[Zaryaab]

I think u can bring ur wife under the same rules, like hsmp,student and other temporary resident bring. The only thing she might get dependent visa instead of settlement visa.

[web2005]

Don't know if you are still looking for advise on this but someone I know has been given discretionary limited leave to remain on the basis on long residence and stron ties in UK.

The letter from UKBA received clearly states that permission to bring spouse/dependents will NORMALLY be not allowed. I wonder why they used the word NORMALLY? What I understand is there is nothing in law to bring spouse BUT UKBA can use it's discretion to grant permission.

[MRizwan]

Hello sam, my situation is very similar to yours. can you please update what was the outcome? did your wife manage to get her visa based on your DLR? Did she get dependent or spouse visa?

Your feedback will be much appreciated. Thanks in advance

[askmeplz82]

Hello sam, my situation is very similar to yours. can you please update what was the outcome? did your wife manage to get her visa based on your DLR? Did she get dependent or spouse visa?

Your feedback will be much appreciated. Thanks in advance

Sam last post was 3 yrs ago

[rajinder7]

Can i Bring dependent (wife) as i got Discreationary Leave leave to remain ?

Personal Immigration History...

I came in UK on student visa in September 2008 for study masters and completed my masters in 2011 and applied for Tier 1 PSW visa in June 2011. Unfortunately it was refused due to maintenance issue that bank statement was not covering 90 days.

I appealed, luckily it was allowed by upper tribunal and Home Office grant me Discretionary Leave to remain for 2 years from April 2012 to April 2014. Recently i applied for extension of DL , which has been approved and valid till June 2016.
My concern is, as per visa guidelines sent by Home Office with my visa, i am not allowed to bring any dependent .

As i got married last year, i want to bring my wife in UK. Is there any way that i can apply her visa under any category or rule so that she can join me.

Waiting for your reply

[Amber]

Not until you're settled. Then you'll be subject to the Financial Requirement.

[Frontier Mole]

Did you get married in your home country?

[rajinder7]

yes i got married in india..

Any one can suggest me, any solution ?

[rajinder7]

Hello sam, my situation is very similar to yours. can you please update what was the outcome? did your wife manage to get her visa based on your DLR? Did she get dependent or spouse visa?

Your feedback will be much appreciated. Thanks in advance