Bringing spouse on Limited leave to remain Visa !!

[indy740]

Hi Guys

Need Advice on this I came to United Kingdom in May 1995 on visitor visa & Overstayed. And in last year Jan 2007, I have applied indefinite stay on basis of Long Residence. This year Mar 2008 I got the letter from Home Office, Granting limited leave to remain (discretionary leave to remain) up to Jan 2011.

The only limitations on this Visa for me is, I cannot marry outside United Kingdom and bring my spouse.

What’s the possibility; if I apply change my visa status to indefinite stay in next year May 2009 which is going to 14 Years calculating from May 1995. Even my present visa now (limited remain to remain) valid till Jan 2011.

My only concern getting married outside United Kingdom and bring my spouse.


Guidance will be appreciated

[Frontier Mole]

How old are you?
On what basis was DL granted until 2011?

[indy740]

I'm 34 Years Old. They Granted D/L basis on Long Stay 12 Years.

[Frontier Mole]

Sorry can not help you. I expected you to be a teenager as DL is not usually handed out in the long term unless you are a kid. How you got DL on a 12 year long stay I do not understand? Normally on a less than than 14 year illegal stay they refuse any kind of stay and start the removal process.

If your DL has conditions as you state then you have little choice but to wait out until you get to the 14 year mark.

I have never heard of a case like this before.

[jei2]

Theoretically the Home Office can grant leave on discretionary grounds between the 10 and 14 year period.

But if you weren't an asylum seeker, an asylum seeking minor, in a relationship with or married to a British citizen, then you must have also had extremely strong grounds under some part of the Human Rights Act (Article 8 seems most feasible).

If none of the above applies, then all I can say is either you were very very very lucky indeed, or the we're-not-having-an-amnesty-but-let's-reduce-that-backlog-by-all-costs thing has started.

I've not come across this before either. Is there something you've missed out in your account?

Otherwise best sit tight until 2011. This is definitely not the time to be experimenting with your DL.

[indy740]

I came to UK on 17 May 1995 on visitor visa (6 Months) with my sister and mother. And after our end of six month we over stayed. And till last year Jan 2007 we haven’t contacted Home Office for any reason. I knew about 14 Years long residence. But after taking lots of advice and checking with lots of solicitors, some advice we should apply on our 12th year stay.

Documents sent to Home office SET(O) form and lots evidence from last 12 year stay including p45, p60, bank statements, NHS card, my licence details, even we manage to buy couple of property in last two year, so property details.


Home office never asked any papers or any details in that one year period, They sent this year Feb 2008 my sister discretionary leave which is valid Jan 2011. And I received mine in March 2008. We still waiting for my mother papers to come back, but I’m hoping that shouldn’t be problem. And I’m hoping this leave will extend or indefinite leave to remain will be give end of this Jan 2011.

Originally I did appiled for Indefinete Stay. But Home Office Refused beacuse my 14 Years not completed. I think the only reason they grant me DL beacuse of long stay approx 12 Years, and given me three years limited leave to remain.



There’s one hitch with this discretionary leave, I cannot bring any dependent meant I can’t marry and bring her to this country. And here my second problem start, I living with a girl who also an overstayed but her overstay is only 4-5 years. I was hoping I’ll get indefinite leave to remain so she can go back to country and we can apply. But this discretionary leave not allow me to do that. So I’m not sure what do on this matter. Plus now I’m hearing people who overstayed they have to go back and cannot come back up to 10 years. On this matter if you anything your guidance will be appreciated.

Thanks

[indy740]

Sorry forgot to mention, we never applied any Asylum or Humantariun Grants.

Originally we only applied on basis of Long Stay. And we got DL extension for 3 Years.

[Frontier Mole]

What country are you from?

The only reason I ask - I have searched for similar cases and have had no luck finding any. I just wondered if it is something specific to your country of origin.