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Discretionary leave to remain to FLR(M)

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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drudc2000
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Posts: 3
Joined: Thu Sep 27, 2012 7:34 pm
Location: West Midlands

Discretionary leave to remain to FLR(M)

Post by drudc2000 » Thu Sep 27, 2012 7:58 pm

Hi all.

need advice for the next step for my wife immigration status.

in brief:
entered uk 1999 as young persons working holiday
2002 switched to medical visa because of injury sustained whilst working.
2003 extended med visa
2004 visa application lost or not submitted by agent
summer 2005 applied for extension of med visa
winter 2005 religious wedding with my now wife to me (British citizen from birth)
2007 child born (British Citizen)
2008 med visa refused and put on reporting restrictions
summer 2008 registry office marriage after submitting certificate of approval
autumn 2008 submitted FLR(M)
2009 2nd child born (British Citizen)
spring 2010 FLR(M) refused because my wife was deemed to be in breech of immigration law because classed as overstayer and issued discretionary leave to remain expires spring 2013.

what should we now?? would like to prepare for the next application.

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Thu Sep 27, 2012 8:26 pm

Extend Discretionary leave as and when the time comes.
Life isn't fair, but you can be!

drudc2000
Newly Registered
Posts: 3
Joined: Thu Sep 27, 2012 7:34 pm
Location: West Midlands

Post by drudc2000 » Thu Sep 27, 2012 8:59 pm

Thanks for the prompt reply.

How do we do that?

is there any way of getting a spouse visa?
Because we would like to go the usa on a visit but my wife was refused a usa visa because she has a discretionary uk visa. She was told by the usa official that had she had a spouse visa then the usa visa wouldn't be a problem.

If we can't get a spouse visa and we extend the discretionary visa then what is the pathway to indefinite leave/citizenship?

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Thu Sep 27, 2012 11:17 pm

If she wishes to change leave to spouse of settled person / British citizen then she will have apply for entry clearance from outside the UK - under the new rules.

Settlement after 6 years of discretionary leave.

Extension under DL may be applied using FLR(O) form.
Life isn't fair, but you can be!

drudc2000
Newly Registered
Posts: 3
Joined: Thu Sep 27, 2012 7:34 pm
Location: West Midlands

Post by drudc2000 » Mon Oct 01, 2012 9:15 pm

Thanks for the info.

A couple of other questions.

If my wife returned home to make an external spouse visa application would her current DL be canceled?

Does her current DL pathway involve any tests for settlement (life in the uk)?

How does settlement/indefinite stay become citizenship?

Thanks again for your help.

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