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Discretionary Leave To Remain Visa In UK. - Travel - Nairaland

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Discretionary Leave To Remain Visa In UK. by biolachick: 9:00am On Dec 08, 2014
Good morning all,

Please I need your advice.

I recently gave birth to a baby boy but few months ago my partner's work permit ran out. Since then he has been in UK without valid papers.

We phoned immigration lawyers and we were advised the only solution out of this mess is if he applies for DLR (discretionary leave to remain) on our baby as I don't work for now.

They told us he will be refused based on him overstaying in the country but he will have chance of appeal. That he can appeal based on humanitarian right (our baby).

I am british abd our baby is also british.

Please nairalanders, what are his chances of being granted the said visa during appeal process and roughly how much is the application process?

Thanks
Re: Discretionary Leave To Remain Visa In UK. by justwise(m): 1:58pm On Dec 08, 2014
1.Are you married to him?

2. Did his company refused to extend his work visa?

DLR is only issued to failed asylum seekers under an exceptional circumstances
Re: Discretionary Leave To Remain Visa In UK. by biolachick: 2:11pm On Dec 08, 2014
justwise:
1.Are you married to him?

2. Did his company refused to extend his work visa?

DLR is only issued to failed asylum seekers under an exceptional circumstances

I am not married to him. His company tried to renew his work visa but during the process, the UK border told the boss to put the job advert online as they believe there are better people that are not foreigners that can do the job.

But coz his boss really like his work, he didnt want to lose him so the boss lied to the home office that he put the job advert online. The home office found the boss out that he lied to them and because of that, my partner was refused his work visa.

The home office took the boss to court and they found him guilty and they banned the boss for 2 years so he is not allowed to invite foreigners in on work permit.

He appealed but the appeal was also rejected based on the reason that his boss doesn't have power to give out work permit until the 2 years ban is over.
Re: Discretionary Leave To Remain Visa In UK. by justwise(m): 2:21pm On Dec 08, 2014
biolachick:


I am not married to him. His company tried to renew his work visa but during the process, the UK border told the boss to put the job advert online as they believe there are better people that are not foreigners that can do the job.

But coz his boss really like his work, he didnt want to lose him so the boss lied to the home office that he put the job advert online. The home office found the boss out that he lied to them and because of that, my partner was refused his work visa.

The home office took the boss to court and they found him guilty and they banned the boss for 2 years so he is not allowed to invite foreigners in on work permit.

He appealed but the appeal was also rejected based on the reason that his boss doesn't have power to give out work permit until the 2 years ban is over.

His boss messed the whole thing up for him, jobs supposed to pass 'market test' and if there is no British or EU citizen capable to do the job then a non-EU citizen can be given the job.

Did he come to the UK with work visa or student visa then converted to work permit?
Re: Discretionary Leave To Remain Visa In UK. by biolachick: 2:52pm On Dec 08, 2014
justwise:


His boss messed the whole thing up for him, jobs supposed to pass 'market test' and if there is no British or EU citizen capable to do the job then a non-EU citizen can be given the job.

Did he come to the UK with work visa or student visa then converted to work permit?

Yes the boss really messed everything up for him. He came to the UK with the work visa.
Re: Discretionary Leave To Remain Visa In UK. by justwise(m): 3:00pm On Dec 08, 2014
biolachick:


Yes the boss really messed everything up for him. He came to the UK with the work visa.

It will be difficult for him to apply for any visa to remain in the UK because you are not married, he overstayed his visa and he has appealed and lost the case.

You need to get married but that means leaving the UK and to apply for spouse visa you need to be working and earning £18600 a year.

Were you working before you gave birth or were you relying on his income for the family?

1 Like

Re: Discretionary Leave To Remain Visa In UK. by biolachick: 3:04pm On Dec 08, 2014
justwise:


It will be difficult for him to apply for any visa to remain in the UK because you are not married, he overstayed his visa and he has appealed and lost the case.

You need to get married but that means leaving the UK and to apply for spouse visa you need to be working and earning £18600 a year.

Were you working before you gave birth or were you relying on his income for the family?

I was working. I've been told he can apply for discretionary leave to remain as he has family life in the UK which is the baby since the baby is british.

My reason for coming here is to find out what are his chances of him winning the case.
Re: Discretionary Leave To Remain Visa In UK. by justwise(m): 3:09pm On Dec 08, 2014
biolachick:


I was working. I've been told he can apply for discretionary leave to remain as he has family life in the UK which is the baby since the baby is british.

My reason for coming here is to find out what are his chances of him winning the case.

Discretionary leave to remain deals with asylum seeking cases which your husband's case did not fall into.

You can read more about it here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/312346/discretionaryleave.pdf
Re: Discretionary Leave To Remain Visa In UK. by Lexusgs430: 3:45pm On Dec 08, 2014
Immigration liars, sorry meant immigration lawyers would tell you what they want you to hear, cos they want to keep extracting funds from you.
As advised by justwise, the case is messed up due to his bosses dishonesty (all he had to do, was simply advertise the job and failed all applicants)
The boss has been found guilty, which further compounds you Baby's dad case.
If you were working and meet the criteria of submitting documents for a settlement visa, I would have advised you explored that route.
But as the present case stands, I would advise against paying good money towards bad!!!!

1 Like

Re: Discretionary Leave To Remain Visa In UK. by emmachick(f): 11:01am On Apr 29, 2015
Justwise u r wrong tho. Discretionary Leave is not only for Assylum Seekers as u claim.

Discretionary Leave can be given provided the applicant has strong ties in the UK. The application will be reviewed under Humanitarian Right and with the help of a very competent lawyer.

A friend of mine went through same ordeal. Her boyfriend overstayed. But what strenthened their case was that they have both been living together under the same roof with proofs of cohabitation. Also my friend is british and the baby she has for the boyfriend is british too.

They applied for Discretionary Leave to Remain in February through a very good lawyer. The Lawyer's fee was £2400 inclusive of Home Office fee. A letter from the Home Office asking for the boyfriend's biometric was received in March. In April the boyfriend received his Biometric Card and he was given 2.5yrs discretionary leave to remain which he wil be renewing evry 2.5yrs for 10years.

So with the help of good and competent lawyer, the case is winable

1 Like

Re: Discretionary Leave To Remain Visa In UK. by justwise(m): 11:16am On Apr 29, 2015
emmachick:
Justwise u r wrong tho. Discretionary Leave is not only for Assylum Seekers as u claim.

Discretionary Leave can be given provided the applicant has strong ties in the UK. The application will be reviewed under Humanitarian Right and with the help of a very competent lawyer.

A friend of mine went through same ordeal. Her boyfriend overstayed. But what strenthened their case was that they have both been living together under the same roof with proofs of cohabitation. Also my friend is british and the baby she has for the boyfriend is british too.

They applied for Discretionary Leave to Remain in February through a very good lawyer. The Lawyer's fee was £2400 inclusive of Home Office fee. A letter from the Home Office asking for the boyfriend's biometric was received in March. In April the boyfriend received his Biometric Card and he was given 2.5yrs discretionary leave to remain which he wil be renewing evry 2.5yrs for 10years.

So with the help of good and competent lawyer, the case is winable
There is no way to know if you're telling the truth or not. I gave you a link to support my post. I don't know your friend or his case so it's difficult to argue about that.

1 Like

Re: Discretionary Leave To Remain Visa In UK. by thegreengooner(m): 11:47am On Apr 29, 2015
@biolachick I suggest you follow the counsel given by Justwise. He has significant experience in these matters and he is usually right.
Re: Discretionary Leave To Remain Visa In UK. by justwise(m): 11:50am On Apr 29, 2015
thegreengooner:
@biolachick I suggest you follow the counsel given by Justwise. He has significant experience in these matters and he is usually right.

I think she made her decision long ago. This thread is not even active until today
Re: Discretionary Leave To Remain Visa In UK. by thegreengooner(m): 12:21pm On Apr 29, 2015
justwise:

I think she made her decision long ago. This thread is not even active until today

Oh wow! I only replied because I noticed there was a reply from you today...didn't realise it was such an old thread. People be digging things up it seems
Re: Discretionary Leave To Remain Visa In UK. by emmachick(f): 4:19pm On Apr 29, 2015
thegreengooner:
@biolachick I suggest you follow the counsel given by Justwise. He has significant experience in these matters and he is usually right.

Is Justwise a lawyer? Very funny abwt Justwise has significant experience in these matters. Im nt saying he doesnt, but in this occasion, he is WRONG
Re: Discretionary Leave To Remain Visa In UK. by emmachick(f): 4:23pm On Apr 29, 2015
Justwise it seems as if you got ur info from dis website

DELETED

Now take a very good look at this website too.


DELETED

What will i gain from lying? This happened for real and this my friend called me the day her boyfriend got his biometric card and the next time i saw them, they both showed me the letter from the home office and the biometric card.
Re: Discretionary Leave To Remain Visa In UK. by justwise(m): 6:08pm On Apr 29, 2015
emmachick:
Justwise it seems as if you got ur info from dis website


DELETED

Now take a very good look at this website too.


DELETED

What will i gain from lying? This happened for real and this my friend called me the day her boyfriend got his biometric card and the next time i saw them, they both showed me the letter from the home office and the biometric card.

Are you for real? Did you not see the link I posted there and you are telling me where you think I got my info from?
Re: Discretionary Leave To Remain Visa In UK. by justwise(m): 6:12pm On Apr 29, 2015
emmachick:
Justwise it seems as if you got ur info from dis website

DELETED

Now take a very good look at this website too.


DELETED

What will i gain from lying? This happened for real and this my friend called me the day her boyfriend got his biometric card and the next time i saw them, they both showed me the letter from the home office and the biometric card.

Don't try to be smart....if you want to promote some immigration lawyers then email the op but don't try to play that game with me.
Re: Discretionary Leave To Remain Visa In UK. by bebe2(f): 9:43pm On Apr 29, 2015
justwise:


Discretionary leave to remain deals with asylum seeking cases which your husband's case did not fall into.

You can read more about it here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/312346/discretionaryleave.pdf

Not just asylum seekers, if u don't fall into any category and they don't really know wat to do with u, they will give u DLR.

E.g my best frd was illegal , she came By impersonation.

3 yrs later met a British man, had 3kids in five years, they got married. Made an application and got 3yrs DLR
Re: Discretionary Leave To Remain Visa In UK. by justwise(m): 9:48pm On Apr 29, 2015
bebe2:


Not just asylum seekers, if u don't fall into any category and they don't really know wat to do with u, they will give u DLR.

E.g my best frd was illegal , she came By impersonation.

3 yrs later met a British man, had 3kids in five years, they got married. Made an application and got 3yrs DLR


There is nothing one will not read in nairaland.

Op will make her own research and make the decision
Re: Discretionary Leave To Remain Visa In UK. by biolachick: 10:16pm On Apr 29, 2015
Hi all,

I've been receiving alert in my mail box since morning about this thread. Just to clarify sone things.

Mybpartner was given his BRP (biometri residence permit) this month.

It still seems like a dream as i am so happy.

What justwise said about my partner not having chance is not entirely through.

Infact didn't take the immigration to decide his case.

Thank God I and my Partner followed our hearts and went ahead to make the application. All i can say is people should not judt give inaccurate information.

Thanks

2 Likes

Re: Discretionary Leave To Remain Visa In UK. by biolachick: 10:21pm On Apr 29, 2015
The attached pictures are the proofs of the response we had from Homr Office. Sorry guys i had to hide my partner's name and address.

The first picture was the response we got from the Home Office.

The second picture was a letter asking him to do his biometric

And he third picture was a letter confirming his biometric card details but i have left out his biometric number.

So Justwise, there is no need to keep arguing with Emma. We all learn new thing everyday. Ciao

4 Likes

Re: Discretionary Leave To Remain Visa In UK. by justwise(m): 10:24pm On Apr 29, 2015
biolachick:
Hi all,

I've been receiving alert in my mail box since morning about this thread. Just to clarify sone things.

Mybpartner was given his BRP (biometri residence permit) this month.

It still seems like a dream as i am so happy.

What justwise said about my partner not having chance is not entirely through.

Infact didn't take the immigration to decide his case.

Thank God I and my Partner followed our hearts and went ahead to make the application. All i can say is people should not judt give inaccurate information.

Thanks


I said he will find it difficult to get a visa, you just said it now that it was like a miracle.

Congratulations though
Re: Discretionary Leave To Remain Visa In UK. by justwise(m): 10:29pm On Apr 29, 2015
biolachick:
The attached pictures are the proofs of the response we had from Homr Office. Sorry guys i had to hide my partner's name and address.
The first picture was the response we got from the Home Office.
The second picture was a letter asking him to do his biometric
And he third picture was a letter confirming his biometric card details but i have left out his biometric number.
So Justwise, there is no need to keep arguing with Emma. We all learn new thing everyday. Ciao

For the sake of clarification...did you apply for Discretionary leave to remain?
Re: Discretionary Leave To Remain Visa In UK. by biolachick: 10:32pm On Apr 29, 2015
emmachick:
Justwise u r wrong tho. Discretionary Leave is not only for Assylum Seekers as u claim.

Discretionary Leave can be given provided the applicant has strong ties in the UK. The application will be reviewed under Humanitarian Right and with the help of a very competent lawyer.

A friend of mine went through same ordeal. Her boyfriend overstayed. But what strenthened their case was that they have both been living together under the same roof with proofs of cohabitation. Also my friend is british and the baby she has for the boyfriend is british too.

They applied for Discretionary Leave to Remain in February through a very good lawyer. The Lawyer's fee was £2400 inclusive of Home Office fee. A letter from the Home Office asking for the boyfriend's biometric was received in March. In April the boyfriend received his Biometric Card and he was given 2.5yrs discretionary leave to remain which he wil be renewing evry 2.5yrs for 10years.

So with the help of good and competent lawyer, the case is winable

You are right @ Emma. we went through same process except the fee was bit higher than the one your friend paid. Guess it all depend on the Immigration lawyers.
Re: Discretionary Leave To Remain Visa In UK. by biolachick: 10:35pm On Apr 29, 2015
justwise:


For the sake of clarification...did you apply for Discretionary leave to remain?

Yes @ Justwise. We applied for Discretionary Leave to Remain. That's what our lawyer put on the application form
Re: Discretionary Leave To Remain Visa In UK. by justwise(m): 10:37pm On Apr 29, 2015
biolachick:


Yes @ Justwise. We applied for Discretionary Leave to Remain. That's what our lawyer put on the application form

Ok.

I wasn't arguing with Emmachick.

She was busy pasting external links relating to immigration lawyers and when I moved it she becomes abusive
Re: Discretionary Leave To Remain Visa In UK. by biolachick: 10:42pm On Apr 29, 2015
justwise:


Ok.

It seems you have blocked or banned Emma @ Justwise coz i cant seem to find her post. I received alert thta Emma has replied but i cant find it whenever i come on nairaland.

Can you stop banning her post coz i dnt seen anything she has done wrong.

Thanks
Re: Discretionary Leave To Remain Visa In UK. by justwise(m): 10:44pm On Apr 29, 2015
biolachick:


It seems you have blocked or banned Emma @ Justwise coz i cant seem to find her post. I received alert thta Emma has replied but i cant find it whenever i come on nairaland.

Can you stop banning her post coz i dnt seen anything she has done wrong.

Thanks

I just explained that to you here
justwise:

Ok.
I wasn't arguing with Emmachick.
She was busy pasting external links relating to immigration lawyers and when I moved it she becomes abusive
Re: Discretionary Leave To Remain Visa In UK. by biolachick: 10:45pm On Apr 29, 2015
justwise:


Ok.

I wasn't arguing with Emmachick.

She was busy pasting external links relating to immigration lawyers and when I moved it she becomes abusive

@ Justwise mayb she was pasting the links to back up her point which to me personally is nothing wrong.

On nairaland people should be able to express how and what they feel and people shouldn't abuse the power just because you have the power to ban people or move posts.

Thanks

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