Discretionary leave expiring soon...what options?

[Stuart1]

Hi. Looking for some information about options. My wife has discretionary leave to remain until July 2013. We have been together for 1 and half years in Dubai (where we were married in Oct 2008) and entered this country in Jan 2009. Due to some bad visa advice my wife ended up overstaying. After appealing her refused FLR (m) she got granted DLR for 3 years.

As we have been together for 5 years (6 years when her DLR expires)now and married since October 2008 and in the UK since Jan 2009. Can we apply to switch to a different Visa like spouse so that her ILR can be applied for sooner.

I am looking at options because i want to be prepared when we need to reapply. There seems to have been so many changes in Visa and immigration rules lately it is difficult to keep track fully. Thought it would be easier to enter the forums and see what others have to say.

I am British citizen and my wife is Iranian. She is unable to return to Iran due to her circumstances. Also her passport expires shortly after her DLR and she is unable to apply for a new one. I am in full time employment, my house is paid for (so no rent or mortgage) My wife has a degree in English so communication is no problem.

Thank you in advance for all responses.

Stuart

[Stuart1]

I have just noticed that the DLR requirement before applying for ILR is 6 years. I have been married 4 years now. How can my wife have to wait another 4 years (which means will have been in UK for 7 years) then apply for ILR then. Spouses now get ILR after 2 years. My wife cannot return to her country and hence she is not able to apply for spouse visa from outside of UK. Not trying to disrespect the system or hurry things along but seems a bit unfair and this causes my wife no end of worry when she is still under immigration worries.

So many different and confusing accounts just want some reliable, constructive and knowledgable answers - Please.

Regards

Stuart

[Greenie]

the probationary period for a spouse is now 5 years not 2 your wife will need to apply for a further 3 years DL before being able to apply for ilr. If she had not overstayed(presuming she hadn't entered as a visitor or on a visa issued for less than 6 months) she would have been granted leave as a spouse under the old two year route. I am afraid there is no better option than remaining on the DL Route now.

[Stuart1]

Thanks Greenie for being straight to the point that is all i asked for. Can you tell me what form i will need to reapply - will it be the HPDL or the FLR (M) which is what my wife used originally to apply when she was refused.

Also her passport runs out 2 weeks after her DLR, there is no possibility of getting a new one so there will be no where to put her VISA when it is renewed. I have heard about travel documents but again need reliable information to read up on.

Regards

Stuart

[Greenie]

Currently the form to use is FLR(O) however this may have changed by the time she needs to apply. (hpdl is for people granted DL following the refusal of an asylum claim, FLR(M) is for further grants of leave as a spouse under the immigration rules)

She would need to give biometrics as part of her next application and will be issued a biometric residence permit (in the form of a card ) rather than a sticker in her passport so it wouldn't matter that the passport is due to expire whilst her application is under consideration.

In order to apply for a home office travel document she would need to show she has been unreasonably refused a passport from the Iranian authorities. Why is she unable to get one from them?

[Stuart1]

Hi Greenie

She already gave biometrics for her last visa, does she need to do this again, as it is unlikely fingerprints and iris patterns will have changed.

Her visa is due for renenwal July 13th 2013

Passport is complicated and would rather not say in public forum, needless to say that if she even went to Embassy to apply it could have extremely dire consequences for her (that would be life threatening - and not exagerating)

Regards

Stuart

[Greenie]

Yes she needs to give biometrics again-they want to make sure its the same person applying.

If she fears return to Iran she should seek advice on claiming asylum.