In-country visa success!

[linzm]

Hi,
I posted on here a while ago and got some good advice from John, Rmberg and Amanda.
I want to share our success story incase it helps anyone else.
My partner was a failed asylum seeker, been here since 2000, asylum claim rejected 2003. He never left the UK, in 2006 he was caught with a false passport, he didn't actually use the passport for anything (travel, illegal working etc). He was in a detention centre for a few weeks then we got him bail.
We intended to travel to his home country, marry and apply for a spouse visa, but this proved impossible because his embassy refused to issue a travel document or passport and he had no-one left in his home country who could get him a passport from there.
So our solicitor advised an in-country application for leave to remain was our only option. In december 2006 we sent off the form and piles of evidence, bank statements, pay-slips, mortgage statement, proof of relationship etc. Then we waited!
Three weeks ago we had a letter from home office (managed migration Liverpool office) asking for up-to-date evidence of finances, proof of cohabiting etc so we sent all that off. Finally this morning we had the news that he has been given 3 years discretionary leave!
Hope this helps somebody and thanks again for the help that I have had.
Good Luck all
Linz xx

[Spark]

Hang on, so he was attempting to seek asylum but then he was quite happy to travel back to his home country with you in order to get married.

Surely the purpose of asylum is based on the fact that he cannot return to his home country for fear of persecution or inhumane punishment, something sounds a bit dodgy there.

Congratulations on your success but it sounds like you cheated the system to be honest.

[linzm]

Hello,
8 years have passed since he left his home country, with a genuine fear of persecution, we were far from happy at the thought of travelling back there! In fact you can't even apply for entry clearance from there, so any potential trip would have been as short as possible and only to get him a passport.
I'm sorry you feel we cheated the system, I don't think we did, but I do think the system is flawed!

[Liberal Immigrant]

an interesting post. u have achieved where every1 else has failed i.e. switching in-country. congratulations.

i would strongly recommend that you now start working towards a "spouse-visa" rather than relying solely on discretionary leave for the next 3 years.

[4444]

i am afraid he cant switch from discretionary leave to remain to spouse visa in -country . the only option is to go and apply fron the country of origin. but i would stick with discretionary leave to remain coz you get benefits and everythink like someone settled here. if you are on the 2years spouse visa you wont be allowed to claim benefits. i know it will be 6years to get ILR but its worth it.

i am so happy for you linzm