Discretionary leave to apply or not to apply please help

20something · Post by **20something** » Wed May 19, 2010 7:32 pm

Due to maintanance funds my lawyer has suggested I apply for discretionary leave to remain but has given me liitle information on this. Can someone please shed the light. I have one child who I gave birth to in UK and is now 8 years old. He is in school and doing well. I am currently on a student visa and my husband is a dependant. We are both from Africa. Do we qualify for discretionary leave?

potterbond007 · Post by **potterbond007** » Wed May 19, 2010 7:53 pm

What maintenance fund problem is this really? I haven't heard of something called discretionary leave. Which country are you from? Maybe you could apply for refugee status or something.

20something · Post by **20something** » Wed May 19, 2010 8:40 pm

oh sorry for being vague. I wanted to apply for a post study work permit but due to the lack of maintanance funds which is needed to be consistently in the account for three months my lawyer suggested I shouldnt. I am from Southern Africa.

elv15 · Post by **elv15** » Wed May 19, 2010 8:46 pm

On what grounds would you be applying for Discretionary leave, i believe its a difficult one to get and can take as many as two years and still get refused after all, Which country are you from and how long have you been on a student visa?
Does your lawyer specialise on immigration?

20something · Post by **20something** » Wed May 19, 2010 9:05 pm

I am from Zimbabwe and have been a student for 8 years (since I came to this country).

potterbond007 · Post by **potterbond007** » Thu May 20, 2010 3:18 am

20something wrote:oh sorry for being vague. I wanted to apply for a post study work permit but due to the lack of maintanance funds which is needed to be consistently in the account for three months my lawyer suggested I shouldnt. I am from Southern Africa.

It would be a shame if indeed all of your have to go home and apply since this would bring a break in your ILR application. But you have no choice really but to go home and apply since the maintenance funds in PSW is a very strict law. what I would suggest is see how many dependents you can support with the existing funds you have ( what was the least money in your account over the last 3 month period?) . If your funds cover only yourself, then u better apply for PSW only for yourself and send your son and husband back home to apply as dependants from the home country.

elv15 · Post by **elv15** » Thu May 20, 2010 10:54 am

If you from Zim then i think you might be able to apply under chikwamba but it aint an easy one either, to be honest i think you need a good lawyer/solicitor who specialises in immigration, or an oisc registered Adviser. Returning to apply from Zim aint that simple unless your case is very straight foward. IMAO

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Discretionary leave to apply or not to apply please help

Discretionary leave to apply or not to apply please help