Discretionary leave help

[sarah2007]

Hi,

I need a bit of help as I haven't got a clue!

My husband was granted 3 years of discretionary leave which will end in November 2009 (he did not qualify under normal rules as he had overstayed his previous visa).

We had a lawyer to help us with the previous application, but as it is expensive, we hope to do it ourselves.

1. My husband is working, but as I have been on Maternity Leave, we have been claiming housing benefit to help make up our rent. Our lawyer told us previously that this wouldn't be a problem when he applies again, but I am worried that this may affect his application. Does anyone know if this is the case?

2. When should we apply next and what should he apply for? As I said previously his discretionary leave expires in Nov 2009 and we want to make sure we do it in plenty of time. Does he just apply for an extension or can he apply for indefinate leave?

3. We are going on holiday in December, will he have any problems at immigration control when we return?

We will have been married nearly 6 years when his leave expires and have two small children together.

Sorry for the length on the post and all the questions!

Sarah

[sakura]

Hi,

I need a bit of help as I haven't got a clue!

My husband was granted 3 years of discretionary leave which will end in November 2009 (he did not qualify under normal rules as he had overstayed his previous visa).

We had a lawyer to help us with the previous application, but as it is expensive, we hope to do it ourselves.

1. My husband is working, but as I have been on Maternity Leave, we have been claiming housing benefit to help make up our rent. Our lawyer told us previously that this wouldn't be a problem when he applies again, but I am worried that this may affect his application. Does anyone know if this is the case?

2. When should we apply next and what should he apply for? As I said previously his discretionary leave expires in Nov 2009 and we want to make sure we do it in plenty of time. Does he just apply for an extension or can he apply for indefinate leave?

3. We are going on holiday in December, will he have any problems at immigration control when we return?

We will have been married nearly 6 years when his leave expires and have two small children together.

Sorry for the length on the post and all the questions!

Sarah

What is your nationality/nationalities?? You don't mention this.

I don't think he can apply for ILR unless he has DL for 5 full years.

Also, people subject to immigration control (i.e. your husband) cannot apply for public funds - and housing benefit is definately public funds; however, I am not 100% sure as to whether or not DL holders can access public funds. What does it say on his passport, or letter from the HO? If you are claiming jointly, and he isn't entitled, that might be a problem.

[vinny]

See also Asylum Policy Instructions, Discretionary leave

[Rozen]

Hi,

I need a bit of help as I haven't got a clue!

My husband was granted 3 years of discretionary leave which will end in November 2009 (he did not qualify under normal rules as he had overstayed his previous visa).

We had a lawyer to help us with the previous application, but as it is expensive, we hope to do it ourselves.

1. My husband is working, but as I have been on Maternity Leave, we have been claiming housing benefit to help make up our rent. Our lawyer told us previously that this wouldn't be a problem when he applies again, but I am worried that this may affect his application. Does anyone know if this is the case?

2. When should we apply next and what should he apply for? As I said previously his discretionary leave expires in Nov 2009 and we want to make sure we do it in plenty of time. Does he just apply for an extension or can he apply for indefinate leave?

3. We are going on holiday in December, will he have any problems at immigration control when we return?

We will have been married nearly 6 years when his leave expires and have two small children together.

Sorry for the length on the post and all the questions!

Sarah

What is your nationality/nationalities?? You don't mention this.

I don't think he can apply for ILR unless he has DL for 5 full years.

Also, people subject to immigration control (i.e. your husband) cannot apply for public funds - and housing benefit is definately public funds; however, I am not 100% sure as to whether or not DL holders can access public funds. What does it say on his passport, or letter from the HO? If you are claiming jointly, and he isn't entitled, that might be a problem.

Discretionary Leave needs to have been held for SIX years before one can apply for ILR.

DL holders ARE allowed to have access to public funds.

DL holders are free to go on holiday (including their home countries), as long as they return to the UK within the validity of their DL visa, and the conditions for which they were granted the visa still apply.

[tinux]

re: Public fund
There are people from some countries who have the right to claim public fund even if their passport has no recourse to public fund

some of those countries are
Morocco
Algeria
Tunisia

the treaty is done with EU and the UK Must respect that before any of its laws unless the treaty is done with the UK alone then that apply too

Public fund including JSA income based

please also note that

JSA contribusion based is not public fund.
many get confused

[sarah2007]

Hi,

Thanks for the replies so far.

As already stated by another poster, he is allowed access to public funds, but what I was worried about was when you make a new application, they say you should be able to support yourself without using public funds so I am a bit confused.

I am British and he is Jordanian.