I really must say that a 3 year discretionary leave is better than a total refusal, which some of my clients got: refusal. So, you should be thankful because you can do almost anything here in the UK. You most probably cannot make any application in this country on the grounds of your spouse. You can only try and make an application overseas, and yet again, the UKBA may be surprised of your application because you have already obtained legal status in this country, even though it is a discretionary visa.

Hi,
Many people do get caught out in the situation you are in.

Ringing home office and telling them your situation is no excuse for making an out of time application. Basically, you are asking them to grant you status and you need to know and find out what the rules are. UKBA is under no obligation to give you advice on your circumstances. No immigration authority in the world does it.

You made an out of time application, and immigration rules expressly prohibit granting of spouse visa to overstayers. Like other member already mentioned, you should be grateful that UKBA granted you DL. It was well within their powers to refuse your application if they wanted to. Being an out of time application, you would have had no appeal rights, and you would have had no option apart from leaving UK and applying from your home country.

Now, you cannot apply for spouse visa from UK. Its simply not possible because of the way rules are drafted. You have the option of applying from you home country, or you can apply for another DL after your current leave expires and then apply for ILR when the time comes. No one can guarantee the outcome of your application, but I personally think that you will have a very very good chance, or it could be said, almost certainly you will get a spouse visa if you present your application correctly. I am saying this because, UKBA have already accepted that you are in a genuine marriage, and I am sure you will have enough proofs to submit. But keep in mind, you still have to present your application correctly which shows that you are eligible for a spouse visa according to current rules. But to be honest, I do not see a point in running around, and making a new application from back home, when you have already got legal status to live and work freely in UK.

As far as question of UKBA raising probation period from current 2, to 5 years, well I do not know where you have read that they are going to do it. UKBA has just finished a public consultation, and based on this consultation they might or might not raise the probation to 5 year or 3 years or whatever period. Same goes with your assumption about the income level.



hope this helps

Hello People

MANY THANKS IN ADVANCE FOR QUALITY ADVICE ON THIS SITUATION

I am male , 28 years live in London .I came to this country as a student on 2007 .then i completed my study and switched my status to post study worker ( 2 years Visa) .which expired on 7 July 2011 .I got married to my gf last year nov' 2010 .she is British citizen .Everything was on track but suddenly for a stupid mistake my life is miserable.

My work permit expired on 7 July 2011 , hence i called home office on 13 june 2011 to book a same day appointment for spouse visa .They have given me a date 28 July 2011 which is 21 days after my visa expired .As I applied myself without help of solicitor i did not had the idea that my visa can be refused on ground of delayed application. even though i explained the home office over the phone when i was booking for an appointment that 1st week of July 2011 my work permit will expire .they dint even bother to suggest me that my visa will be refused for delayed application, even i had nearly a month before my work permit expired,i could have send by post !! i was in impression i already booked the appointment before my visa expire so it wont be problem .

Anyway i went on 28th july 2011 for my appointment in public en-query office and the case worker said they cant accept my application as i am overstayed for 20 days .then i sent my application by post ,and this oct 2011 they sent me a refusal letter on the ground of out of time application. After i wrote a letter to home office explaining it wasnt my fault as i had the genuine interest applying for spouse visa on time .included the reference number , date time when i called public inquiry office etc. On sep 2011, they have sent back my passport with 3 years of discretionary visa with a letter saying

‘ After considering your case we are giving you discretionary leave in your favour ,end of this 3 years period you need extend further 3 years before applying indefinite leave ‘

I am astonished that whatever happened it wasn’t my fault .and definitely HO realize my marriage is genuine and mistake was on their part but why I deserve this DL visa not spouse visa ??As this DL visa is so long to get Indefinite leave

So people plz advice me what should I do now. I have spoken with few solicitors they are suggesting me to go back to my country ( Bangladesh ) and apply for a fresh entry clearance as a spouse .

- But I am scared as I have idea of Bangladesh immigration slow culture!! HO says it could take up to 3 months from outside UK to get result .But I know people who are still waiting in queue more than 6 months !!

- Can I make a fresh application of spouse visa from inside UK ?

- If I make a fresh application ( spouse visa) from outside UK ( Bangladesh ) what is the possibilities of success ! and how long it will take to get result?
- If by any chance HO refuse again , will my DL visa still be valid and can I come back to UK ? or they will cancel my DL visa


- I read on HO website that they are changing some rules
1. Spouse visa probation period from 2 years to 5 years
2. sponsor of spouse need to show a good income nearly 24 K


As I am not working at the moment but my wife has full time job ( 25 K yearly ) ,I have all the docs with me – marriage certificate , bank statement , accommodation , wedding pics and other necessary docs .

Please suggest me some quickest and effective routes, As I don want to waste anymore time and money but only will follow the right path.

MANY THANKS AGAIN