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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7663
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, my spouse visa expired on the 7th of June 2012 and my marriage

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Hi, my spouse visa expired on the 7th of June 2012 and my marriage broke down a month before. I applied since the 1st of June 2012 for a discretionary visa as I have a daughter born in the U.K that I want to raise. I did my biometrics on the 24th of August 2012 and until now, I'm still waiting for an answer and my visa.
I had a job offer with another employer. Can I change employment while my application is being decided?
What is the current waiting time for an application like mine?
Thank you
Hi Xavier

Does your employer know of your immigration position?

Customer: replied 5 years ago.
My current employer yes but not the new one.

Thanks for your patience.

The basic position is that if you make an application before the end of your current leave to remain expires then providing your current leave to remain (ie. your spouse visa) permits you to work (which it does) and the UKBA receives the application before your current leave expires then your immigration status will be maintained until the new application is determined.

Please refer to “What is my immigration status while my application is being decided?” under the FAQs at the bottom of the following link for confirmation:-

If this is the case with you then your are permitted to carry on working.

However, many employers get twitchy when they see that your current leave to remain has expires because they do not know this.

IN the interest of trust and confidence with your prospective employer I would disclose your immigration status and refer them to the above link. If they have further questions you may consider instructing a solicitor to write a letter of comfort to them explaining your immigration status in this interim period until your current application is determined.

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Kind regards,

Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.

So how long do you is the waiting time for this type of visa at the moment?


Discretionary visas are applications outside of the Immigration Rules and so by their very nature they are more complex and taken more time than applications under the immigration rules.

The length of time from application to date is not unsusual but I would expect some movement shortly if your application is comprehensively drafted and clear to understand.