Discretionary visa based on marriage . URGENT PLEASE HELP

[fathema]

Hello all

Hope all of you doing well .I got 3 years discretionary visa based on marriage to British citizen on sep 2011 .i came to UK on 2006 as a student then after was in post study visa . my PSW visa expire on 2nd of may 2011 but i apply for spouse visa 22nd of may2011 .it was a mistake from HO side as i called them for a premium service on 20 April 2011 ( 12 days before my visa expire ) in public enquiry office .i explained them that my visa is expiring on 2nd of may 2011 but they had given me the a post date on 22nd of may 2011 !!! And never advised me that it will be a problem as i am applying after my visa expire .anyway long story short, i applied and they refused me on ground of 20 days overstayed. Then i wrote a letter to HO for reconsideration stating the facts and evidence .after that on sep 2011 they have given me 3 years discretionary visa instead of spouse visa .and as far i know it takes 6 years to apply for ILR.

So i need advise on following facts:

- they asked me to apply from overseas for spouse visa, so if i go back to my country and put a new spouse visa application on the current situation 2012 what is the chance of getting spouse visa successfully and how long it will take .many says it doesn't take no longer than 3 months but all we know we cant rely on HO as they do many mistakes and busy as well.

- I heard that spouse visa will be from 5 years from April 2012

- As there are no where written on my visa that I cannot use public fund , can i apply for job seeker allowance , housing benefit and other benefits when i am in discretionary visa on based of marriage to a british

- if in future separation happen between marriage couple is it going to affect one's stay or she can continue extend discretionary visa route to ILR

The last question behalf of my friend:

my friend is in discretionary leave same as me 3 years , got in mar 2011 , but they have a child , for some personal reason his wife ( British ) want divorce , so does he can stay in uk , or extend his visa and later apply for ILR on the base of his child as his child is by born British and also human rights as a father

Many thanks and regards for your valuable advice .i will be grateful to all of you .God bless you.

[fathema]

Plz ppl give some advice asap

[vinny]

Please continue in one thread.