discretionary leave to remain.

jasee77 · Post by **jasee77** » Mon May 06, 2013 8:30 pm

Thank you for this forum,it does really help create awareness and help so many people on how to handle matters.
My case goes as follows,

I arrived in the UK in 2001 on a visitors visa.Overstayed my visa and met my partner who is British born and in 2009 and we started a relationship.We started living together in 2011 April and our baby girl born in August 2011.My daughter got her British passport therefore she is a British citizen because of her dad.I made my application through a lawyer in February 2012 with all the documents,bills,payslips,GP letters and prescriptions..to prove we have been living together...etc.My partner does work and earns up to £39,000+overtime.He does support us fully and we don't depend on government funds.He does receive child benefit in his account and we applied for tax credit and they sent a letter claiming my details could not be found on the system,This was before I put my application to the HO.We never applied again for tax credit.
My passport came back last month April 2013 with a refusal.Reasons given we're:
-i have not spent half of my life here as am 34yrs therefore still got good connections with with my home country and can easily adapt if I go back.....really,after 12.5yrs in this country.
-I cannot prove am the sole carer for my daughter..::::.did not understand this reasoning
-as of February 2012 we had not been living together for at least 2years when I made the application
Am aware this decision was made based on the new rules that came in April 2012,after I had already applied for discretionary leave to remain.

NB:my partner cannot move to my home country as he would not get a job with his current career path..we do not have this job opportunity,facility in Africa.

We are now in the process of taking the matter to immigration tribunal -court....where do you think I stand on this and how can I better my case,please advise.Than you.

peppekalle · Post by **peppekalle** » Tue May 07, 2013 7:56 am

Good luck with your appeal it is not going to be easy.Have you got a barrister representing you in court?

jasee77 · Post by **jasee77** » Tue May 07, 2013 8:58 am

Thanx for your reply,yes have got my solicitor who is in the process of preparing for the the appeal for them to reconsider their decision because my application was made before they introduced the new laws.Its so annoying because they took more than a year to make up their decision.This just accumulates stress on oneself....your whole life depends on someones decision...Anyone out there been in this situation,please advise.

Indie007 · Post by **Indie007** » Tue May 07, 2013 8:09 pm

Hi , our cases are similar.my solicitor wrote to ukba to let them know that we were intending to go for Judicial review.Ukba sent back a letter saying they wanted a letter from me confirming that the Solicitors were representing me.I found it rather odd but we sent the letter last week ,and now we wait and pray hard.They are trying to make things as hard as possible.Keep us posted about how your case is progressing.

jasee77 · Post by **jasee77** » Tue May 07, 2013 8:44 pm

Indie007....just a question,did your solicitor send with any new documents, if yes ...what.Am still trying to gather more documents for the lawyer to send the letter for the judicial review,sometimes they might reconsider after more evidence from you and change their mind....will keep you posted.Thank you.

shea · Post by **shea** » Wed May 08, 2013 12:47 pm

Wow! HO are just refusing everyone it seems with absolute stupid reasons. I'm scared for husband application too now. It's been pending since April 2012

Indie007 · Post by **Indie007** » Wed May 08, 2013 1:58 pm

jasee77 wrote:Indie007....just a question,did your solicitor send with any new documents, if yes ...what.Am still trying to gather more documents for the lawyer to send the letter for the judicial review,sometimes they might reconsider after more evidence from you and change their mind....will keep you posted.Thank you.

No i did not submit any new evidence.Obviously it is not going to be easy but its worth a try.Let me know how you get along.

Ket · Post by **Ket** » Sat Jul 20, 2013 4:36 pm

@jassee quite sad to hear what you been through. Did you get to stay in the country? I also have discretionary leave to remain visas valid for 3 years, but am not sure for how many days in total one is allowed to stay out of the country in 1 and 3 years. Would you be able to help me on that? Thank you

east579new · Post by **east579new** » Sun Jul 21, 2013 6:08 pm

Indie007 wrote:Hi , our cases are similar.my solicitor wrote to ukba to let them know that we were intending to go for Judicial review.Ukba sent back a letter saying they wanted a letter from me confirming that the Solicitors were representing me.I found it rather odd but we sent the letter last week ,and now we wait and pray hard.They are trying to make things as hard as possible.Keep us posted about how your case is progressing.

Exactly what they have just done to us despite it been the same solicitor we used for the failed FLR(O) application, my solicitor sent a letter before claim and the UKBULLY AGENCY wrote back asking for confirmation the solicitor was representing us.

Its a time stalling tactic pure and simple designed to let the judicial review clock run down.

Nowadays they just do what they want with no regard for the law or there own rules.

dada · Post by **dada** » Sat Aug 03, 2013 5:26 pm

Have you considered returning to your home country to apply? Spouse visa applications from outside the UK have a maximum waiting time of 12 weeks. Your husband meets the financial requirements and you can claim rights to a British child in the UK.

Vivekananda reddy · Post by **Vivekananda reddy** » Wed Apr 02, 2014 7:07 pm

Hi,
My name is Vivek, i have applied Tier2 General visa on 23rd June-2012(company sponsored) and got rejected on 30th July-2012 as application didn't meet the requirements (salary was not enough for COS-job title). I appealed in court as UKBA wanted to remove from UK and it was unlawful.

Judge accepted my appeal and written to UKBA that '' the appeal under immigration rules is allowed to the extent that the application lodged on 15th june-2012 is remitted to the respondent(ukba) for a lawful decision to be made. No anonymity direction made.''

UKBA took nearly 20 months to replay and refusing to extend my visa. they gave 10days to explain(IS.75 form attached) why i should be allowed to stay in UK.

what are the options i have here?? i really do not want to leave UK, it's been 5years and 6months in UK and my employer also desperately needs me.

Could you please someone advise me??

Thank You

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discretionary leave to remain.

discretionary leave to remain.

Tier2 General visa got refused..Discretionary Leave??