Settled Discretionary Leave wants to bring non EEA fiance

zagoo2000 · Post by **zagoo2000** » Thu Jun 21, 2012 3:57 pm

Dear all,

I have been in UK for 14 and half hears. My current status is Discretionary Leave expiring Feb 2013. My work life is going good thankfully since i got the visa. Regular income, paying tax, no criminality, kept my record clean as usual.

I would like to bring my fiance from pakistan. I understand:

She needs to be:
-21 years old
-able to provide proof of english. is IELTS test good enough?
-must have met face-to-face. is that requirement? sadly, i don't have any proof. will that be a problem?
-whatelse?

I have got:
-all the proofs that are going to be needed.

and we should:
-marry with in 6 months of visa duration.
-live together after marriage

I'm a bit unsure how to proceed. Can someone advise please?
-Am i eligible to sponsor her?
-is my discretionary leave is settled status in uk, as its been asked?

Many thanks.

peppekalle · Post by **peppekalle** » Thu Jun 21, 2012 4:38 pm

zagoo2000 wrote:Dear all,

-is my discretionary leave is settled status in uk, as its been asked?

Many thanks.

I am afraid your DLR is not settled status.Settled status is ILR.

zagoo2000 · Post by **zagoo2000** » Thu Jun 21, 2012 5:06 pm

o really

?? is there like a ukba link that says that?
are there any other ways that i can bring her?

peppekalle · Post by **peppekalle** » Thu Jun 21, 2012 5:16 pm

http://www.ukba.homeoffice.gov.uk/glossary?letter=S
scroll down to Settled
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

zagoo2000 · Post by **zagoo2000** » Fri Jun 22, 2012 11:50 am

Thanks for that.

What if she comes here on visit or student or any other visa and then can i marry her? What does the law say on that?

What other options have i got?

Post by **geriatrix** » Fri Jun 22, 2012 12:56 pm

She may apply for entry clearance in any immigration category that she qualifies for (e.g. - Tier 4 student).
She cannot marry in the UK if she travels to UK as a general visitor. To marry in the UK on a visitor visa, she will need to apply for a "marriage visitor visa" and will be required to exit UK before the expiry of the visa.
Even if you two marry in the UK, you'll not be able to sponsor her to remain in the UK as your spouse as long as you have DL .. just as you cannot sponsor her for a settlement visa from outside the UK.

zagoo2000 · Post by **zagoo2000** » Fri Jun 22, 2012 5:18 pm

Hi Sushdmehta, thanks for replying. so what you saying is with my DLR leave im able to marry her if she comes on a marriage visit visa but she would have to leave after 6 months. And on if she returns i will not be able to sponsor her.

so if she comes on a student visa. are we then able to marry? and what sort of choices do i have to sponsor her after she finishes her studies? can we then apply for 2 year spouse visa??

Post by **geriatrix** » Fri Jun 22, 2012 5:57 pm

There are two things we are talking of here: marriage and sponsorship.

Marriage:
You two can marry in the UK if she travels to UK on a marriage visitor visa. But she will have to return before expiry of her visa.
You two can marry in the UK if she is in UK as a PBS migrant (e.g. - Tier 4 migrant).

Sponsorship
You cannot sponsor a leave to enter/ remain application, even if you two marry in the UK, while you are in the UK under discretionary leave.

zagoo2000 · Post by **zagoo2000** » Wed Jun 27, 2012 11:01 pm

I'm so confused...That means i can marry on my DLR visa but can't sponsor or keep her as my dependent :-\

After marrying to PBS migrant, can she convert or apply for spouse visa?

detony18 · Post by **detony18** » Sat Dec 15, 2012 7:02 pm

[quote="zagoo2000"]Dear all,

I have been in UK for 14 and half hears. My current status is Discretionary Leave expiring Feb 2013. My work life is going good thankfully since i got the visa. Regular income, paying tax, no criminality, kept my record clean as usual.

I would like to bring my fiance from pakistan. I understand:

She needs to be:
-21 years old
-able to provide proof of english. is IELTS test good enough?
-must have met face-to-face. is that requirement? sadly, i don't have any proof. will that be a problem?
-whatelse?

I have got:
-all the proofs that are going to be needed.

and we should:
-marry with in 6 months of visa duration.
-live together after marriage

I'm a bit unsure how to proceed. Can someone advise please?
-Am i eligible to sponsor her?
-is my discretionary leave is settled status in uk, as its been asked?

Many thanks.[/quote]

detony18 · Post by **detony18** » Sat Dec 15, 2012 7:37 pm

I have been living in Uk 12 and half year , my first DLR was granted on Jan 2010, I got married my wife (student) in 2011, she came as student in 2009 and got PSW visa at the moment. I need to apply for my DLR extension in jan 2013. I would like to take her dependent on me . Is it possible?

Post by **Greenie** » Sat Dec 15, 2012 10:54 pm

detony18 wrote:I have been living in Uk 12 and half year , my first DLR was granted on Jan 2010, I got married my wife (student) in 2011, she came as student in 2009 and got PSW visa at the moment. I need to apply for my DLR extension in jan 2013. I would like to take her dependent on me . Is it possible?

no not within the rules.

Post by **Obie** » Sat Dec 15, 2012 11:58 pm

Perhaps it is worth seeing some of these interesting cases below.

Even though not directly related, the principles may apply.

http://www.bailii.org/uk/cases/UKUT/IAC ... _iran.html

http://www.bailii.org/uk/cases/UKUT/IAC ... lanka.html

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Settled Discretionary Leave wants to bring non EEA fiance