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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, In 2011 when my UK student visa expired, I applied for

Resolved Question:

Hi,

In 2011 when my UK student visa expired, I applied for FLR(M) and was given discretionary leave instead. This expires in March; am I qualified for Settlement (M), or should I be applying for more discretionary leave, or what exactly should I be applying for? I have written both the Life in the UK test and an English qualification and been married for 4 years (married in 2010).
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.

Could you confirm how long you have been in the UK?
Why were you given discretionary leave to remain?

Kind regards
Customer: replied 3 years ago.

Hi I have been here since May 2006; came in on a student visa which I extended twice, I believe...


 


Why was I given? Maybe because I got married whilst on my student visa, though I had given up my last semester of my studies (for extenuating circumstances for which I earlier informed the Home Office).


 


The paragraph said:


 


'I am writing to inform you that, although you do not quality for leave to remain in the UK under the Immigration Rules, it has nonetheless been decided that discretion should be exercised in your favour. You have therefore been granted limited leave to remain in the UK in accordance with the principles set out in the Home Office Policy Instruction On Discretionary Leave'.


 


Another paragraph said:


 


'You applied for further leave to remain as the spouse of ..... but your application has been refused.


 


In view of the fact that you had Leave to remain as a student valid till 08/11/10 the Secretary of State is not satisfied that you have limited leave to remain in the UK. Furthermore, in view of the fact that you have provided a Diploma in *** pass certificate which does not meet the English Language requirement, the S of S is not satisfied that you have provided an original English Language test certificate in speaking and listening...


 


However you have been give Discretionary Leave outside the Immigration Rules until 15th March 2014 based on your family life with Sonia Okoruwa (my wife)

Expert:  UK_Lawyer replied 3 years ago.
Thank you very much for your detailed response.

Having reviewed the information you have provided your best option would be to apply for further leave to remain on the basis of family life in the UK using for FLR FP, please see the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/applying-in-uk/

Because you were given discretionary leave to remain you would need to wait until you have been in the UK for 10 complete years to apply for indefinite leave to remain, so in your case that would be 2016. Had you been issued with a spouse visa and not discretionary leave to remain when you applied under flr m then you would only have needed to wait 2 years before applying for Indefinite leave to remain.

Due to the fact that you were given discretionary leave to remain you now have to wait until 2016 ( which is when you would have completed 10 years legal residency in the UK) to apply for indefinite leave to remain.

For now you need to use the above form to apply to extend your discretionary leave to remain.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

Hi,


 


Many thanks for your reply. So far, so good.


 


I have just come off the phone with someone from the UKBA, who has stated that because my previous visa was not granted as a marriage basis, if I switched to a FLR(FP) or FLR(M), it would take me longer to qualify, so the best thing to do is apply for FLR(O) for another 3 years leading up to 2016 when I can apply for my Settlement; what's your take on this?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

The fact is that as long as your visa is issued and you can remain in the UK until 2016, you would be able to apply for settlement after completing 10 years.

I would suggest that your discretionary leave to remain using FLR O if that is what the home office have stated. The fact is that you are applying for FLR O on the basis that you did not meet the requirements for FLR M but were still granted it on the basis that you are married to your partner, had you not been married you would not have been issued with discretionary leave to remain as stated in your previous replay.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
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