Discretionary leave to remain

[aly-jan]

Hi everyone,

Case History: I was granted discretionary leave to remain for three years in November 2011 under the article 8 of Family law as I got married to british citizen. My discretionary leave to remain was due for extension last month. I have already applied for extension of my discretionary leave to remain on FLR (O) FORM for another three year, and I was told by my solicitor that I can apply for indefinite leave to remain after 6 years of discretionary leave.

Current Situation: My wife is not living with me because she is working in dubai from last one and half year. she lived with me for four years ( one and half year after I got my discretionary leave time) since we got married. She is living in dubai as she was offered a very good job in dubai where she is working and earning money so we both can give advance money to buy a house in london. In Uk she did not have any income apart from benefits that she was taking that time. I am working in london, I cant leave my job and start living with her as she intends to come back to UK end of next year. She is only living there so we can save some money for our house.

My question is, would this affect my discretionary leave to remain application anyhow?

[MPH80]

It can affect it yes - if the circumstances look like they have changed and you are no longer part of a sustainable marriage.

You'll just have to hope UKBA are ok with it.

[aly-jan]

Thanks for replying.

sustainable marriage? Me and my wife we are still in genuine relationship, i went to meet her twice in a year. People do go to work abroad so they can make some money, and also on discretionary leave to remain extension application form Flr (o) they didn't ask anything about my wife that where she lives and how much she earns etc. How come they will find out that she lives in dubai...??
And even if they find out that she is working in dubai, I've got an affidavit of my wife saying that she is in relationship with me and she is working on a temporary contract in dubai and will return to UK after that finishes. Wouldn't that be enough evidence for home office? please reply. Thanks

[MPH80]

There are a number of ways they can find out she isn't in the UK - they can look at her tax records for example.

Your case for remaining in the UK is based on your relationship with your wife. If your wife isn't here - the case changes. They will expect to see the relationship carrying on - if she's in Dubai - she isn't here with you every day then it might not look like a valid sustained relationship any more.

Yes - people go abroad to earn money - but generally the family goes with them. You would also expect that she would be returning on a very regular basis to see you and you would be going to see her.

Now if those things are occurring - that's good.

But there's little you can do now but wait for the outcome.

[aly-jan]

Thank you for replying..

[maj-server]

Hi,

When did you send the application Form FRL(O)?
I think HO will ask you to fill from FLR(M) or FLR(FP) and you should receive a letter from HO soon.

Extension of DL is subject to active review and the HO will ask you a lot more about your partner.

[Obie]

Hi,

When did you send the application Form FRL(O)?
I think HO will ask you to fill from FLR(M) or FLR(FP) and you should receive a letter from HO soon.

Extension of DL is subject to active review and the HO will ask you a lot more about your partner.

Not sure that is true. Even if they tell him to fill in a new form, it will be unfair to transfer him to those new settlement route.