PLEASE HELP!!! DISCRETIONARY LEAVE TO REMAIN

[myrlabelle]

HI ALL

i have been reading so much to find a solution to my immigration problem and i think that i finally found something.

Here is the situation: i've been here as a student for 5 yrs, during this time i met my boyfriend and we had a baby they are both british.
now, bf isn't working and my visa ends on feb so only abt 5 weeks left...
i have read about the non-asylum discretionary leave and under article 8 they should be able to give me a discretionary leave to remain as they will seperate a family that really wants to be together and that breaches the article 8 of the ECHR...
am i right??? if so how do i apply for it? thank you soooo much for any help!

[Wanderer]

HI ALL

i have been reading so much to find a solution to my immigration problem and i think that i finally found something.

Here is the situation: i've been here as a student for 5 yrs, during this time i met my boyfriend and we had a baby they are both british.
now, bf isn't working and my visa ends on feb so only abt 5 weeks left...
i have read about the non-asylum discretionary leave and under article 8 they should be able to give me a discretionary leave to remain as they will seperate a family that really wants to be together and that breaches the article 8 of the ECHR...
am i right??? if so how do i apply for it? thank you soooo much for any help!

Well, it has to be proportiate. Why can't u extend ur current leave? Is ur home country dangerous?

How long have u and ur bf lived together? Why have u not married - I always feel the authorities take the view that unmarried partners aren't committed so a visa based on that is always gonna be hard to obtain.

[mochyn]

The home office can always say that you have the right under article 8 to live in your country and your partner and child can live with you.
Always two sides to article 8

Also you have left it very late to apply for any kind of visa and you will soon be an overstayer

[myrlabelle]

thank you for replying!!

my studies have finished that's why i can't extend my stay!
we have lived together since 2005 and we can prove it, we have a child together and we have applied for a COA, We are planning to marry in a few mnths (bcs of financial reasons) but we will register before feb.
My parents are not too keen on me going back home so i am not really welcome and my fiancee doesn't want his daughter to go anywhere, and i can't obviously leave her and go...
he is on benefits and as i said out of work will that affect the discretionary application??
i don't want any benefits, my mum would send me some money from time to time and i just go by what i have...ready to work for myself.
most importantly how do i apply for it?! its a non-asylum application
thank u ever sooo much

[myrlabelle]

to mochyn:

i won't overstay i still have 5-6weeks left and i am trying to do something and i will do, its never too late, my partner can not come to live in my country as he has no accomodation there and get his benefits is on the housing register here in the UK,doesn't understand the language, has other kids from a previous marriage (that has ended 9 yrs ago) so need to be around
so there is no way he can come to live in my country he has absolutely no ties to it!!

[Wanderer]

Well basically ur bf has to get his act together and do the honourable thing - support his family.

Without that ur batting on a sticky wicket, and sometimes u have to face the realities, for me if I need to to abroad and learn Arabic, Swahili, Serbo-croat I will, if I can't I'll get a job, any job.

My plan of action in ur circs would be;

1. Ur bf get a job, any job, be it meter-reader, barman, shit-shoveller, surely he can do SOMETHING...?

2. Apply on From FLR(M) as an unmarried partner with all the evidences required (read the guidance notes) - this will give u time as ur existing leave will treated as ongoing.

but fundamentally Art 8 wont protect u - like Mochyn says it works both ways, u can live somewhere else, the UK doesn't owe ur bf a free ride for his work-free lifestyle - he has to work for it and u need to tell him to get off his arse. sorry...

[myrlabelle]

i'm sorry i put my fiancee across as a lazy arse, for one, he is not young and for two, he has always had his own business until 2007 when he went bankrupt, back in time, he paid 100s of thousands of pounds to tax man so he's far from getting a free life....

i was aking for help nothing else, when u don't know the situation of people its wrong to judge....thanks anyway, i will be posting my success story in a few months.

[immigrationuk2009]

Hi

I belive you should apply for spouse visa inside UK on immigration rules plus on artcile8 of human right.You should have focused on Chikwamba case law plus Baku case law..You have good chance on artcile8 of human rights...If you were not granted spouse visa then may be home office can grant you DL for 3 years on artcile8

You should seek good legal advice and should.d go with good legal representation..

UK_Banned_Member

[ElenaW]

wait, why can't you just apply for further leave to remain before your visa expires? (flr(m)).

[immigrationuk2009]

Hi

wait, why can't you just apply for further leave to remain before your visa expires? (flr(m)).

But why student visa...why not spouse visa when you know you have good chance on chikwmaba and baku..

Why she should remain on student visa...


UK_Banned_Member

[immigrationuk2009]

Hi

Well basically ur bf has to get his act together and do

the honourable thing - support his family.

but fundamentally Art 8 wont protect u - like Mochyn says it works both ways, u can live somewhere else, the UK doesn't owe ur bf a free ride for his work-free lifestyle - he has to work for it and u need to tell him to get off his arse. sorry...

Can I ask who told you this..Do you know what is artcile8 and what is Chikwamba case law.

OP clearly said her boyfriend and son are British...

UK_Banned_Member

[mochyn]

Do you have any idea how long the wait is for a discretionary visa?

This is why you were advised to go back to your country to marry and apply for a spousal visa.
It is much much quicker

[myrlabelle]

Thanks a lot UKIM i have faith in my application, i know it going to be a hell of a rocky ride but i will get throught it as our relation is genuine...

Now i don't' want to apply for a spouse visa as my chances are very low and the fee is quite high too, i prefer to apply for a DL, how do i do that ??? i can't find a form for DL anywhere online!

where can i get a good lawyer that won't ask me too much money?? can i get one for free? are the CAB officers good enough for this type of application?
i am so confused! he doesn't work so we have no other income apart from the benefits he is getting, my mum as i said would only send a couple hundred pounds every couple of months...

Thanks to UK_Banned_Member

[myrlabelle]

i don't mind waiting, i just don't want to be seperated from my child and fiancee

[myrlabelle]

Oh i had another question please:

My fiancee is claiming HB on his name only (just very recently i read here that he should put my name on the claim) but i have been with him at the same address for 5 yrs, when applying for an FLR(M) or other form, do i say that he is claiming HB alone? if i do so, will the home office get in touch with the HB and tell them about me and they could stop our HB ???
that's the one thing we're scared abt!!

[ElenaW]

Hi

wait, why can't you just apply for further leave to remain before your visa expires? (flr(m)).

But why student visa...why not spouse visa when you know you have good chance on chikwmaba and baku..

Why she should remain on student visa...


UK_Banned_Member

um...flr(m) is further leave to remain through marriage. That's what it's refered to when switching from something else within the uk. When applying from outside of the uk it's called a spouse visa.

[Wanderer]

Hi

Well basically ur bf has to get his act together and do

the honourable thing - support his family.

but fundamentally Art 8 wont protect u - like Mochyn says it works both ways, u can live somewhere else, the UK doesn't owe ur bf a free ride for his work-free lifestyle - he has to work for it and u need to tell him to get off his arse. sorry...

Can I ask who told you this..Do you know what is artcile8 and what is Chikwamba case law.

OP clearly said her boyfriend and son are British...

UK_Banned_Member

Not even married, child is young, no asylum, assume safe country, it's not unreasonable the OP can return to their home country and apply correctly.

U guys and ur Art 8 faith!

[mochyn]

Article 8 is the immigrants St Jude

Last resort for the desparate

[ElenaW]

Because your current visa has not yet expired, apply for a COA and get married. If you apply for a marriage visa of any kind (outside the uk, or extend through flr(m)) you obviously need to be married.

I agree with the rest, it just makes most sense to return to your country and apply from there.

[ajmal]

HI ALL

i have been reading so much to find a solution to my immigration problem and i think that i finally found something.

Here is the situation: i've been here as a student for 5 yrs, during this time i met my boyfriend and we had a baby they are both british.
now, bf isn't working and my visa ends on feb so only abt 5 weeks left...
i have read about the non-asylum discretionary leave and under article 8 they should be able to give me a discretionary leave to remain as they will seperate a family that really wants to be together and that breaches the article 8 of the ECHR...
am i right??? if so how do i apply for it? thank you soooo much for any help!

COA approval normally takes 2months then you need 2 weeks notice in registry to get married. You cannot give notice to registry without COA certificate. You have to do all this before the expiry of your current visa, if not you have to regularise your stay either extending your current visa or applying as unmarried Partner on FLR (M) form. There is no Discretionary Leave to Remain Form as its outside immigration rules

[ElenaW]

COA approval normally takes 2months then you need 2 weeks notice in registry to get married. You cannot give notice to registry without COA certificate. You have to do all this before the expiry of your current visa, if not you have to regularise your stay either extending your current visa or applying as unmarried Partner on FLR (M) form. There is no Discretionary Leave to Remain Form as its outside immigration rules

Really? My friend's took 4 weeks for an approval. She too was on a student visa. However this was in November.

[myrlabelle]

WANDERER AND MOHCYN, why do u guys bother replying? you two are no help whatsoever, please do not reply to any of my question, i would appreciate it!!

THANKS A LOT TO THE OTHERS! i will be seeking professional help tomorrow. xxx

[myrlabelle]

Boulvardofbrokendreams, i have a COA already will be registering soon but will have to send the FLR(M) as an unmarried partner before we get married bcs we don't have time!! i only have 6 weeks in total and i need to send the flr(m) 4 weeks before my stay is over!!

I have left it till now bcs i was planning on extending my student visa but with the baby its not really possible to study plus i failed last year....

[ElenaW]

Boulvardofbrokendreams, i have a COA already will be registering soon but will have to send the FLR(M) as an unmarried partner before we get married bcs we don't have time!! i only have 6 weeks in total and i need to send the flr(m) 4 weeks before my stay is over!!

I have left it till now bcs i was planning on extending my student visa but with the baby its not really possible to study plus i failed last year....

Oh yeah I totally understand that it's way too hard to study while taking care of a baby. I don't think I could do it. I would fail miserably.

It's good that you have your COA.

Good luck with the flr(m). Please keep us updated!

[myrlabelle]

Thanks hun

I am more expecting a refusal because my partner doesn't work and neither do i!! i don't get any publuc funds/benefits and we get by with what we have, he is looking for a job as i said but its not easy as he's always been his own boss, so not a lot of employers are keen on employing a 42 year old with no experience working for someone else!!
oh well i will be keeping u updated xxx