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Hi there,

I am on discretionary leave to remain under article 8 as i got married on august 2010 but home office refused to give me spouse visa and instead they gave me discretionary leave to remain after Judicial review was exercised in my favor. It was granted before 2012, so it comes under old rules 3 + 3 = 6 years rule. It was granted in October 2011, and i got it extended in jan 2015 for another three years. I still got one year left of my discretionary leave to remain as my leave expires in jan 2018. But my wife has applied for divorce a week ago.

Now my question is, if i get divorced in 5/6 months and my circumstances change, will I still be able to live in UK and apply for settlement after completing my 6 years of discretionary leave to remain even after the divorce?

I have contacted many lawyers in UK and all of them have different views about it. All of them are saying that Discretionary leave to remain will be curtailed under 3 (3) (a) immigration act 1971 if the relationship breaks and my grounds change. I also called home office to confirm that but UK home officer at immigration customer service said divorce won't effect my leave as my wife is not sponsor me. I am really confused.
Kindly help. Regards..

Hi all,

I got married to a british citizen in august 2010, and i was granted discretionary leave to remain under article 8 Pvt family rights on november 2011 after judicial review was exercised in my favor. I have been relationship for 6 years now and its been 5 years since discretionary leave was granted. My question is, can i apply for indefinite leave to remain on the basis of 6 years of marriage or on the basis of 5 years of discretionary leave to remain being married to a british citizen as a spouse?

Please help, Thanks

alyjan007 wrote:Hi all,

I got married to a british citizen in august 2010, and i was granted discretionary leave to remain under article 8 Pvt family rights on november 2011 after judicial review was exercised in my favor. I have been relationship for 6 years now and its been 5 years since discretionary leave was granted. My question is, can i apply for indefinite leave to remain on the basis of 6 years of marriage or on the basis of 5 years of discretionary leave to remain being married to a british citizen as a spouse?

Please help, Thanks

You must have 6 years on DLR before you qualify for ILR. It is not 6 years of marriage.