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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6655
Experience:  BA (Hons), PgDip, Practising Solicitor
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pls do you know anything about discretionary leave to remain

Customer Question

pls do you know anything about 'discretionary leave to remain? in the uk  thanks.
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question and detail you have provided.

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What visa do you presently hold
2. Why can you not extend this
3. On what grounds do you wish to apply for discretionary leave to remain
Kind regards.

Tom
Customer: replied 2 years ago.
hi have been in the UK for since 2004 and my visa expired. I have family in the UK and they are all UK born citizens. I have a partner she is British and also have a step daughter British citizen also. I came to notice with the UKBA, and i was taken to IRC Gatwick on Sunday after i had sent in my FLR in the UK. My lawyer put in an injunction for my charter flight and also i had a JR. I was now released from the detention on TA, and i have been reporting in London bridge since Feb 2012. Since Feb till date they have not said anything about my case and they UKBA called my lawyer for him to drop my JR so they can consider my application. I was send a letter from the UKBA for me to go post office for my Biometrics and i did so. I just wanted to know how long they can take to make a decision on my case,cos on my form my lawyer ask the Secretarary of State to granted me Discretionary Leave to Remain. My local MP also wrote to the UKBA and they send her a letter about y case and she sent that for me to see also. I was just fed up of staying at home so i join the volunteers for the Olympics London 2012 and checks where made on me and i was accepted cos i don't have any criminal history/criminal record or convictions. I now have the ID card for the volunteer London 2012. I know my GOD can do all things and he will touch the case worker team so i will see favour in there sight. Behold, I am the LORD, the God of all flesh; is anything too difficult for Me? I'm a testimony in JESUS NAME AMEN. Thanks Alot
Customer: replied 2 years ago.
Hi
I hope you understand all i just sent you and are you UK based?
Thanks
Expert:  Thomas replied 2 years ago.
Hi,

Please confirm the specific date of submission for your most recent discretionary leave application?

How long have you been with your partner and please confirm that they are British?

How long have you cohabited with your partner?

I am a UK solicitor.

Tom
Customer: replied 2 years ago.

Hi,

Thanks for your email and GOD bless you.
The sent in my application Jan 2012 and the UKBA accepted my application on Feb 2012 cos my lawyer drop the JR.

In march i got a letter from the UK Border Agency Sheffield for my biometrics scanned fingerprints and photograph taken. date 22 March 2012.

When i sent in my application i had letters and pictures of me and my uncle's and friends who are all British born citizens, about how long they know me with pictures.My cousin also did the same.On the date of my first bail in IAC Taylor House, my partner and my uncle's where atthe court day with me.There are the same people that gave me there documents for my application.They all came to stand for me.

The MP of my area also wrote to the UKBA about me, and they sent her a letter that i have any application and we wait the result.

I now do volunteers for the Olympics London 2012 cos i just cant be staying home just like that.(i hope this will not get them mad at me)

I was released to my partners address,so for now we stay together.
We got to know each other 2009 and we started dating 2010 till date.

She had her flat where she was staying, and i was staying with my family. We plan to marry August 20Th before this problem came up.

I know people that didn't even give as much documents like me, and they gave them the 3yrs visa Secretarary of State granted them Discretionary Leave to Remain,so i believe with faith that i will hear good news in Jesus name also.

That is all about me for now and i still report and the last time i ask them about my case when i went to report, they said no news at all on my case or my file.

Thanks
Customer: replied 2 years ago.
Hi,

Thanks for your email and GOD bless you.
The sent in my application Jan 2012 and the UKBA accepted my application on Feb 2012 cos my lawyer drop the JR.

In march i got a letter from the UK Border Agency Sheffield for my biometrics scanned fingerprints and photograph taken. date 22 March 2012.

When i sent in my application i had letters and pictures of me and my uncle's and friends who are all British born citizens, about how long they know me with pictures.My cousin also did the same.On the date of my first bail in IAC Taylor House, my partner and my uncle's where atthe court day with me.There are the same people that gave me there documents for my application.They all came to stand for me.

The MP of my area also wrote to the UKBA about me, and they sent her a letter that i have any application and we wait the result.

I now do volunteers for the Olympics London 2012 cos i just cant be staying home just like that.(i hope this will not get them mad at me)

I was released to my partners address,so for now we stay together.
We got to know each other 2009 and we started dating 2010 till date.

She had her flat where she was staying, and i was staying with my family. We plan to marry August 20Th before this problem came up.

I know people that didn't even give as much documents like me, and they gave them the 3yrs visa Secretarary of State granted them Discretionary Leave to Remain,so i believe with faith that i will hear good news in Jesus name also.

That is all about me for now and i still report and the last time i ask them about my case when i went to report, they said no news at all on my case or my file.

Thanks
Expert:  Thomas replied 2 years ago.
Hi,

It's quite important. Please confirm when you started living together, what date (approximately)?

Tom
Customer: replied 2 years ago.
HI

WE JUST STARTED LIVING TODAY THIS YEAR SIR.
MY APPLICATION WAS NOT BASED ON HER ONLY
BUT WITH MY FAMILY,FRIENDS,MP,HOW LONG
HAVE BEEN IN UK AND ALL THAT.

WE ARE IN A RELATIONSHIP FOR 2 YRS NOW, AND I HELP TAKE MY STEP DAUGHTER TO SCHOOL, CINEMA AND HELPING OUT IF SHE IS NOT HOME.

MY PARTNER GOING TO UNIVERSITY AND ALSO WORK FOR THE LONDON MET POLICE AS VOLUNTEER AND SHE WORKS 3 TIMES IN A WEEK PLUS SHE ALSO GOES TO HER JOB 4 TIMES IN THE WEEK.

MY APPLICATION FORM IS CALLED (FLR(O) VERSION 04/2011 AND IS WAS SENT TO DURHAM, AND I APPLY FOR LEAVE TO REMAIN UNDER ARTICLE 8 UNDER HUMAN RIGHT OF 1998, BECAUSE I HAVE ESTABLISH A FAMILY & PRIVATE LIFE HERE IN THE UK.

APPLICATION TO REMAIN IN THE UNITED KINGDOM UNDER ARTICLE 8 OF THE ECHR

ON THE DOWN PAGE OF THE THE HUMAN RIGHT CLAIM IS WE HEREBY ENCLOSE RELEVANT DOCUMENTS IN SUPPORT OF OUR CLIENT'S APPLICATION AND REQUEST AN EXPEDITIOUS CONSIDERATION BY WAY OF GRANT OF A DISCRETIONARY LEAVE.

I HAVE MEETING WITH THE MAYOR OF LONDON THIS WEEK COS I SAW HIM ON THE INDUCTION DAY FOR THE LONDON 2012 AND I TOLD HIM ABOUT THIS.

THANKS ALOT
GOD BLESS YOU
BYE
Expert:  Thomas replied 2 years ago.
Hi,

May I answer tomorrow morning, at about 100bst? I'm on my phone at the moment now..

Tom
Customer: replied 2 years ago.
OK THANKS ALOT SIR
GOD BLESS YOU
I KNOW I CAN DO ALL THINGS THROUGH CHRIST JESUS AND MY GOD WILL FAVOUR ME IN JESUS NAME
AMEN

THANKS
Expert:  Thomas replied 2 years ago.
Thanks.
Customer: replied 2 years ago.
HI
SO WHAT TIME 2MORROW YOU WILL WRITE TO ME
THANKS
Expert:  Thomas replied 2 years ago.
In a oouple of hours..
Customer: replied 2 years ago.
HI
GOOD MORNING PLS ANY NEWS YET
THANKS
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your reply, I was just drafting my answer for you.

I think you should relax a little bit. I appreciate that the uncertainty about your immigration status has been going on for you for a long time but the time from which you should judge waiting is from the date of the most recent application. Therefore you should judge how long you have been waiting from February 2012.

I appreciate that this is a gap of three months or so but the reality is that discretionary applications take much longer than normal application based within the immigration rules. This is because they are more complicated. A waiting time of this length is totally common for applications of this type.

On top of this the UKBA is going through some significant internal upheaval as a result or organisation change. They have not changed efficiently in the past and I am finding long delays in near enough all applications that I have submitted on behalf of my clients.

Your article 8 argument is at it’s strongest in respect of your children. Your relationship to your fiancé is very helpful, but not persuasive because you have not lived together for two years and are not married. If you married your argument would be much, much stronger but it is already reasonably convincing if you are directly involved with the children’s upbringing.

Deciding to volunteer was not be best move for you, it’s not particularly helpful to your case because although it is well-spirited and well-meaning it could be argued to be a breach of the immigration rules but not one, I would think, that the UKBA would use solely to reject your application.

Assuming that you documentation is comprehensive and has all been submitted then I would expect you to be granted further leave to remain but it may take some more time before the UKBA respond. They have taken your biometrics and that is a good thing.

Stay in contact with your solicitors.


If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6655
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 2 years ago.
HI
THANKS YOU SIR VERY MUCH AND GOD BLESS YOU SIR.
DO YOU THINK I SHOULD STOP THE VOLUNTEER FOR THE 2012, OR I SHOULD JUST STAY WITH IT COS I HAVE TO DO MY STADIUM PASS THIS WEEK, AND THEY WILL NEED MY FINGER PRINTS AND PIC ON THE ID CARD.

I DONT KNOW IF THE OLYPICS 2012 HAVE CHECK WITH THE UKBA ABOUT MY STATUS? I ALSO ADDED DOCUMENTS FROM MY UNCLE'S LETTER AND PICS AND CUZIN AND FRIENDS WHICH ARE ALL BRITISH BORN CITIZEN.

APART FROM THAT MY PARTNER IS BRITISH AND MY STEP DAUGHER IS BRITISH ALSO, AND MY CUZIN IS WITH THE BRITISH ARMY, AND THE UKBA KNOW ALL ABOUT IT.

THEY ALSO HAVE THE LETTER FROM MY MP ASKING THEM OVER AND OVER WHAT IS GOING ON ABOUT ME COS SHE Knows ME AND MY FAMILY.

I KNOW MY GOD IS WORKING SOMETHING GOOD FOR ME COS I AM A TESTIMONY IN JESUS NAME.

THE VOLUNTEER AM DOING IS NOT A PAY JOB, AND IT IS FOR 2012 OLYMPICS FOR THE COUNTRY. AM NOT OUT THERE DOING DRUGS OR FRAUD , AM DOING THIS FOR THE COUNTRY AND TO KEEP MYSELF BUSY AND ALSO GET TO KNOW MORE PEOPLE.

I WILL WAIT FOR YOUR ADVICE
THANKS
Expert:  Thomas replied 2 years ago.
Hi,

I think you should stop the volunteer work, but you should ask your solicitor specifically. They should have checked your status, but they would only check your passport and they make mistakes, I doubt they would check directly with the UKBA.

I appreciate the argument that it is not paid work and it is charitable in nature, but you never know what the UKBA might attempt to argue. I would be confident in arguing that it should not be regarded as employment and therefore should not prejudice your position but I would also advise avoiding the hassle definitely by not working. It's your choice ultimately, but if you go through with it you woudl be accepting a chance (however small and remote) that it could complicate your application.

Good luck.

Kind regards,

Tom
Customer: replied 2 years ago.
HELLO
THANKS
Expert:  Thomas replied 2 years ago.
Hi,

No problem.

Tom
Customer: replied 2 years ago.
HI,
I WILL JUST STOP VOLUNTEER 2012 NOW COS I HAVE TO BE THERE ON FRIDAY AND SATURDAY THIS WEEK.

THEY ONLY TOOK MY PASSPORT COPY PAGE AND THAT ALL THEY DID AND I GOT MY WORKFORCE ID CARD.

AM NOT SURE IF THE UKBA WILL HAVE KNOW ABOUT IT NOW COS I HAVE TO REPORT ON THE 25TH MAY.

I PRAY IN JESUS NAME ALL WILL BE FINE AMEN.

THANKS FOR YOUR ADVICE.
Expert:  Thomas replied 2 years ago.
Hi,

I think that's sensible.

I wish you the best of luck.

Kind regards,

Tom
Customer: replied 2 years ago.
THANKS ALOT
GOD BLESS U
Expert:  Thomas replied 2 years ago.
You're welcome

Tom
Customer: replied 2 years ago.
HELLO SIR
I WISH MY LAWYER DIDNT DROP THE JR I HAD FOR THE UKBA.
MAYBE THAT IS WHY THEY MESSING WITH ME AND NOT EVEN
DOING ANYTHING ABOUT MY CASE.

WHEN I ASK THEM, THEY JUST SAY THERE IS NOTHING ON YUR CASE FOE NOW,
NO NOTE, NOTHING FOR NOW.

PLS HOW CAN I KNOW WHO MY CASE WORKER IS?

THANKS
Expert:  Thomas replied 2 years ago.
Hi,

You need to get that information directly from your solicitors I'm afraid.

Tom
Customer: replied 2 years ago.
OK THANKS WILL CALL THE UKBA AND ASK FOR MY CASE WORKER.
THANKS
Expert:  Thomas replied 2 years ago.
No problem.
Customer: replied 2 years ago.
hello sir,

it is me once again sir? i hope u still remember me sir.

just checking on you and also will like to let you know that i have

not heard anything yet from the ukba about my case.


It is not 5 months i came out of IRC gatwick and still waitin for the best in Jesus name.


My MP have sent them another letter since on the 10th of june and till yet she has not got any letter back from them.


Well that all about it

Take care air

Bye
Expert:  Thomas replied 2 years ago.
Thnaks
Customer: replied 2 years ago.
hello sir
do u think the new law will affect us or only for the new ppl sending in there application sir.


have you heard any things from yur end i mean yur application you did. you told me last time that even the ones you in there also delay.


thanks
Expert:  Thomas replied 2 years ago.
The new rules won't apply to you if you have already made the application.

I was referring to historic clients I have had, not current ones.

With respect, I have answered your question in full. If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.

hello sir


pls did you get my last mail


thanks

Customer: replied 2 years ago.

hi


are you there pls?


 


thanks

Expert:  Thomas replied 2 years ago.
I have answered your question.

Tom
Customer: replied 2 years ago.
Hello
Pls did you get my mail about the liverpool?

Thanks
Expert:  Thomas replied 2 years ago.
No.

Please submit a further question to the board.

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