Spouse Visa Vs Discretionary Leave Urgent help plz!!!!!!!!!

[learner007]

Dear All

I have a very important question relating to visa & immigration services and i was wondering if u could advise on this please.

If someone has been granted Discretionary Leave to Remain in the U.K for 3 years on the basis of (marriage to british citizen) human rights then this person travel abroads and apply for spouse settlement visa(Entry Clearance Visa as a spouse of a British Citizen) and for some reasons if his Visa gets refused.Will his residence permit( Discretionary Leave to remain which was granted earlier) also be cancelled at the same time or this will remain valid?

I would really appreciate if you could please advise me on this as this is really complicated and i couldn't find any information about this scenario in immigration rules.

[immigrationuk2009]

Hi

Dear All

I have a very important question relating to visa & immigration services and i was wondering if u could advise on this please.

If someone has been granted Discretionary Leave to Remain in the U.K for 3 years on the basis of (marriage to british citizen) human rights then this person travel abroads and apply for spouse settlement visa(Entry Clearance Visa as a spouse of a British Citizen) and for some reasons if his Visa gets refused.Will his residence permit( Discretionary Leave to remain which was granted earlier) also be cancelled at the same time or this will remain valid?

I would really appreciate if you could please advise me on this as this is really complicated and i couldn't find any information about this scenario in immigration rules.

Well I believe DL leave would not be cancelled.

My question is why it should be cancelled.No point for it.

But to be honest I have not seen any case like that.

But one thing is clear there is no immigration rule or guideline thats says DL should be cancelled if spouse visa is refused so this prove my point.

Only restrictions on DL is that you can not apply for spouse visa in uk unless you have completed six years on DL.

But this is for UK not outside uk.

UK_Banned_Member

[patience7]

Great question - in addition to his does anybody have any information regarding the process of how you go about doing a switch from DLR to spousal (out of UK-entry clearance)? Would it be a more straight forward or more difficult process than if you were not applying to switch to anoother category? Basically what I am asking is...is there a better chance of getting a quicker response on the visa if just switching from DLR? (e.g. could you just go on holiday and apply to switch or is it more complex than this?). Also is the whole application process the same for switching to another category like it is if you were doing a fresh initial application for spousal (no current visa)?

Thanks

[patience7]

anyone???

[vinny]

See also [2010] EWHC 1227 (Admin) (Discretionary Leave case).

[learner007]

Hi all


Sorry i have been away

I would like to let all know that i did get DL for 3 years and did apply for Spouse visa abroad and yes i did it get it last year