How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Discretionary leave in the UK.

Customer Question

Do you know anything about discretionary leave to remain in the UK?

Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

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?

Customer: replied 5 years ago.

I have been in the UK 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 sent 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, asked the Secretary of State to grant 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 were 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.

Expert:  Thomas replied 5 years ago.

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.

Customer: replied 5 years ago.

The sent in my application Jan 2012 and the UKBA accepted my application on Feb 2012 cos my lawyer drops 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 at the 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 can’t 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.

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.

Expert:  Thomas replied 5 years ago.

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

Customer: replied 5 years ago.

We just started living together today, this year. My application was not based on her only, but with my family, friends, MP, how long I have been in the UK and all of that. We are in a relationship for 2 years now. I also help take my step daughter to school, the cinema and help out if she is not home. My partner is going to a University and also working for the London Met Police as a volunteer. She works three times a week, plus she also goes to her job 4 times a week. My application form is called (FLR(O) Version 04/2011. It was sent to Durham, and I applied for a leave to remain under Article 8 under Human Right of 1998; because I have to establish a family and private life here in the UK.

Expert:  Thomas replied 5 years ago.

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 organization 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 its 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.

Thomas and other UK Law Specialists are ready to help you
Customer: replied 5 years ago.

Do you think I should stop the volunteer for 2012, or should I just stay with it because I have to do my stadium pass this week. Also, they will need my finger prints and picture on the ID card. I don’t know if the Olympics 2012 have checked with the UKBA about my status? I also added documents from my uncle’s letter and pictures and cousins and friends which are all British born citizens. Apart from that, my partner is British and my step daughter is British also. My cousin 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; because she knows me and my family. The volunteer work I am doing is not a pay job, and it is for 2012 Olympics for the country. I am not out there doing drugs or fraud, I am doing this for the country and to keep myself busy and also get to know more people.

Expert:  Thomas replied 5 years ago.

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 would be accepting a chance (however small and remote) that it could complicate your application.

Customer: replied 5 years ago.

I will just top volunteer 2012 now because I have to be there on Friday and Saturday this week. They only took my passport copy page and all they did and I got my workforce ID card. I am not sure if the UKBA will have known about it now because I have to report on the 25th of May. Thanks for your advice.

Expert:  Thomas replied 5 years ago.

I think that's sensible. I wish you the best of luck!

Customer: replied 5 years ago.

I wish anything about my case. When I ask them, they just say there is nothing on your case for now. No note, nothing for now. How can I know who my case worker is? my lawyer didn’t drop the JR I had for the UKBA. Maybe that is why they are messing with me and not even doing


Expert:  Thomas replied 5 years ago.

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

Customer: replied 5 years ago.

Okay, thank you. I will call the UKBA and ask them for my case worker.

Expert:  Thomas replied 5 years ago.
No problem.
Customer: replied 5 years ago.

Do u think the new law will affect us or only for the new people sending in their application sir.

Have you heard any things from your end I mean your application you did. You told me last time that even the ones you in there also delay.

Expert:  Thomas replied 5 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.