# Discretionary Leave to Remain After Marriage - what does this mean?



## Mindutopia (Dec 13, 2011)

Hi all, Just a quick question about discretionary leave to remain and what this means now that I seem to have been granted it. I'm American and moved to the UK in June on a UK Entry Clearance for Marriage (fiance visa) and my husband (who is British) and I were married in September. I applied for FLR(M) in October before my entry visa expired, was asked to give my biometrics later that month, and received my passport and decision letter back several weeks ago stating that I had been granted Discretionary Leave to Remain for a term of 3 years. 

Would someone be able to explain to me what this means and how it is different from Leave to Remain through marriage? As far as I can tell from my internet searches (since we all know the UKBA is sorely lacking in actual useful information on their website), that it is something usually granted in the case of asylum seekers for compassionate reasons/for maintaining family life. As an upper-middle class U.S. citizen with graduate degrees and a good job back in the U.S. that allows me to work remotely from the UK, I feel like I hardly qualify as an asylum seeker and in fact, I'm not sure why I didn't qualify for limited leave to remain through marriage? Has anyone else experienced this? Why did this happen? And what does it mean? I was hoping to apply for ILR/UK citizenship in 3 years as a spouse, but under discretionary leave to remain it says that I won't be eligible for citizenship for 6 years? Is this true? If so, is there any way to appeal this decision, since my husband and I have no plans to reside in America again and would like this process to be as quick and streamlined as possible. 

And one last question, I was under the impression that with FLR I would receive a biometric card, and I even went to give my biometrics last month on request of the UKBA. However, I never received a card and none of the information (which isn't much) that was sent back with my passport and supporting documents mentioned a biometric card. I spent over an hour on the phone trying to reach someone at UKBA this morning to find out if I should have received one (their website says to call if you don't receive the card within 10 days of your decision), but I was eventually disconnected and lost my place in the queue so I don't have time to call back again today. Should I have received a biometric card with Discretionary Leave to Remain, or will this only come when I apply for ILR?

Thanks so much for any advice you can give!
Karen


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## nyclon (Apr 3, 2011)

I think when you receive your visa you receive some way to contact the UKBA, like an email address or phone number, if there is a mistake on the visa. I am certainly no expert, but if you think this is a mistake, which it very well could be and mistakes do happen (for example, names spelled incorrectly) you should immediately contact them and point out the mistake. It may just be a matter of sending back your passport to have the correct visa applied.


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## Joppa (Sep 7, 2009)

Mindutopia said:


> Hi all, Just a quick question about discretionary leave to remain and what this means now that I seem to have been granted it. I'm American and moved to the UK in June on a UK Entry Clearance for Marriage (fiance visa) and my husband (who is British) and I were married in September. I applied for FLR(M) in October before my entry visa expired, was asked to give my biometrics later that month, and received my passport and decision letter back several weeks ago stating that I had been granted Discretionary Leave to Remain for a term of 3 years.
> 
> Would someone be able to explain to me what this means and how it is different from Leave to Remain through marriage? As far as I can tell from my internet searches (since we all know the UKBA is sorely lacking in actual useful information on their website), that it is something usually granted in the case of asylum seekers for compassionate reasons/for maintaining family life. As an upper-middle class U.S. citizen with graduate degrees and a good job back in the U.S. that allows me to work remotely from the UK, I feel like I hardly qualify as an asylum seeker and in fact, I'm not sure why I didn't qualify for limited leave to remain through marriage? Has anyone else experienced this? Why did this happen? And what does it mean? I was hoping to apply for ILR/UK citizenship in 3 years as a spouse, but under discretionary leave to remain it says that I won't be eligible for citizenship for 6 years? Is this true? If so, is there any way to appeal this decision, since my husband and I have no plans to reside in America again and would like this process to be as quick and streamlined as possible.
> 
> And one last question, I was under the impression that with FLR I would receive a biometric card, and I even went to give my biometrics last month on request of the UKBA. However, I never received a card and none of the information (which isn't much) that was sent back with my passport and supporting documents mentioned a biometric card. I spent over an hour on the phone trying to reach someone at UKBA this morning to find out if I should have received one (their website says to call if you don't receive the card within 10 days of your decision), but I was eventually disconnected and lost my place in the queue so I don't have time to call back again today. Should I have received a biometric card with Discretionary Leave to Remain, or will this only come when I apply for ILR?


Not knowing your details and not having seen your FLR application form and supporting documents, it's difficult to say why you were issued with Dicretionary Leave to Remain. In normal circumstances, DLR is given if there is a reason or reasons why you don't qualify for regular FLR, but they have decided to grant DLR on compassionate grounds, such as not wanting to split up a couple or family. DLR is given outside the immigration rules.

Can you think of any reasons why you don't meet all the requirements for FLR? Other than finance and housing, criminal conviction can be one such reason, or adverse immigration history. 

It's possible it was all a mistake and you should have been issued with FLR, in which case you should appeal. But again not knowing all the circumstances it's difficult to give definite advice. Remember you only have a short time to appeal against a decision. Have they enclosed a letter explaining why you were refused FLR but issued with DLR instead?

You normally need to be on DLR for 6 years before becoming eligible for ILR, but then you can apply for naturalisation straightaway as you are married to a British citizen.


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## Mindutopia (Dec 13, 2011)

Hi Joppa, Thanks for your response. As far as I know there is no reason why I should have been refused the FLR. I don't know what the financial requirements are, but my husband and I are both working at stable professional jobs (we don't make loads of money since we are still in our late 20s/early 30s, but certainly enough to support ourselves) and we have stable housing in a rented home on a tenancy that began last April. I don't have any criminal convictions, just a traffic violation in the U.S. from about 10 years ago that I did report on my application for FLR as specified. The only thing I could possibly think of is that my first FLR application was rejected because I accidentally gave them the wrong bank card number (I have two bank accounts - one in the U.S. since I'm employed there and get paid there, and one in the UK) and it was very early in the morning before we ran to the post office to mail my application, so I gave them the number for my U.S. account, which I had transferred my paycheck out of to my UK account in order to pay for my application fee. So obviously, my bank refused the charge when they tried to put it through. They returned it to me and just said to send it back with a valid bank card number, which I did the same day. By this point, because it took them a month to even respond, my original entry clearance visa had expired when I sent in the new application. But since it was in process since before the expiration, I can't imagine this would really count as a 'overstay'. Otherwise, I've never overstayed a visa in the UK. But this is the only thing i can think of possibly being a problem, though had they returned my first application more quickly, I could have returned it back to them before the end of my visa term. 

That's the only thing I can think of though that might impact it. There was no explanation in the decision letter as to why I had been issued the DLR instead of FLR, other than the fact that I didn't meet the qualifications for FLR. I suppose in the end it doesn't really matter because I'm able to stay and be with my husband, which was the ultimate goal after so many years of going back and forth, but if there was a mistake, I'd rather correct it now in case it causes problems in the future.

Is there a number to call to ask about these sorts of things? And how does one go about appealing, if it is incorrect? So far I've had no problems and my fiance visa was approved by post in 3 days, so it seemed like we were a fairly straightforward case until now.


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## Joppa (Sep 7, 2009)

Mindutopia said:


> Hi Joppa, Thanks for your response. As far as I know there is no reason why I should have been refused the FLR. I don't know what the financial requirements are, but my husband and I are both working at stable professional jobs (we don't make loads of money since we are still in our late 20s/early 30s, but certainly enough to support ourselves) and we have stable housing in a rented home on a tenancy that began last April. I don't have any criminal convictions, just a traffic violation in the U.S. from about 10 years ago that I did report on my application for FLR as specified. The only thing I could possibly think of is that my first FLR application was rejected because I accidentally gave them the wrong bank card number (I have two bank accounts - one in the U.S. since I'm employed there and get paid there, and one in the UK) and it was very early in the morning before we ran to the post office to mail my application, so I gave them the number for my U.S. account, which I had transferred my paycheck out of to my UK account in order to pay for my application fee. So obviously, my bank refused the charge when they tried to put it through. They returned it to me and just said to send it back with a valid bank card number, which I did the same day. By this point, because it took them a month to even respond, my original entry clearance visa had expired when I sent in the new application. But since it was in process since before the expiration, I can't imagine this would really count as a 'overstay'. Otherwise, I've never overstayed a visa in the UK. But this is the only thing i can think of possibly being a problem, though had they returned my first application more quickly, I could have returned it back to them before the end of my visa term.
> 
> That's the only thing I can think of though that might impact it. There was no explanation in the decision letter as to why I had been issued the DLR instead of FLR, other than the fact that I didn't meet the qualifications for FLR. I suppose in the end it doesn't really matter because I'm able to stay and be with my husband, which was the ultimate goal after so many years of going back and forth, but if there was a mistake, I'd rather correct it now in case it causes problems in the future.
> 
> Is there a number to call to ask about these sorts of things? And how does one go about appealing, if it is incorrect? So far I've had no problems and my fiance visa was approved by post in 3 days, so it seemed like we were a fairly straightforward case until now.


It's possible your earlier failed FLR application made you technically an overstayer (but not by intention) and according to immigration rules they couldn't issue a normal FLR but decided to give you DLR instead. Yes, if they had acted sooner you could still have applied in time, but their argument would be you should have been more careful and it's not their fault that your bank turned down the payment. And they were within their right to deport you as overstayer.

I suggest you show your file to an immigration advice unit (which can be contacted through citizens advice bureau) and see what they say, as they have more experience. It's either free or you pay a fixed contribution. If an appeal or review is recommended, they can help you do that. But I'm inclined to feel there is no point.

The two things about DLR is that it will take longer for you to attain ILR (6 years in total), and as it's given outside the immigration rules, you may be restricted in certain ways but none that will affect your daily life. You can still work and travel in and out of UK freely.


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## Mindutopia (Dec 13, 2011)

Joppa said:


> It's possible your earlier failed FLR application made you technically an overstayer (but not by intention) and according to immigration rules they couldn't issue a normal FLR but decided to give you DLR instead. Yes, if they had acted sooner you could still have applied in time, but their argument would be you should have been more careful and it's not their fault that your bank turned down the payment. And they were within their right to deport you as overstayer.
> 
> I suggest you show your file to an immigration advice unit (which can be contacted through citizens advice bureau) and see what they say, as they have more experience. It's either free or you pay a fixed contribution. If an appeal or review is recommended, they can help you do that. But I'm inclined to feel there is no point.
> 
> The two things about DLR is that it will take longer for you to attain ILR (6 years in total), and as it's given outside the immigration rules, you may be restricted in certain ways but none that will affect your daily life. You can still work and travel in and out of UK freely.


Hi Joppa, thanks for your help! Yes, I suppose you are right and I'm stuck with the DLR at the moment. It's unfortunate that such a silly thing could have changed it all so much, but in the larger picture, I suppose it will work out alright. It's just so frustrating (especially when no explanations are given) because we did everything else by the book. 

I was finally able to reach someone at UKBA after spending all day on the phone on hold, and there seems to have been some mistake such that my biometrics card was never printed and sent. So I seem to have answered my own question - whether or not DLR still means I need to have a biometrics card to travel, which I do. They have opened an investigation into what happened to it and I should hopefully have word of when it will be mailed within the next week. Thankfully, er well hopefully, it should be here before I need to travel next!


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## thebcs (Dec 31, 2011)

(PREVIOUS MESSAGE-CLIPPED)...They have opened an investigation into what happened to it and I should hopefully have word of when it will be mailed within the next week. Thankfully, er well hopefully, it should be here before I need to travel next![/QUOTE]

Mindutopia
I just found out that I'm in the same boat. I managed to space out overstay my visa, so I applied 7 weeks after it expired. The person I talked to at UKBA said that "it shouldn't be a problem, just explain it was an honest mistake". However, I just got a letter saying that I don't qualify for leave to remain, but have been given 3 years discretionary leave. Like you, no Biometrics card in evidence. I'm planning on calling the number given next week and seeing if I can find out more about what to do next. I'll post any info that I come up with, and am interested in anything further you find out.
I sort of think that this may not be a big problem, but it does make me nervous. I'm wondering also if my "overstay" is considered a violation of immigration law that might make it harder to get UK citizenship, if I wish to do that later.


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