# Discretionary leave to remain



## vmpl (Aug 27, 2011)

Does anyone know time scale for a decision when a person applies for DLR !?!?!

Also is it right that the cost is £810 if person applying is a spouse of a British citizen ??


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## Joppa (Sep 7, 2009)

vmpl said:


> Does anyone know time scale for a decision when a person applies for DLR !?!?!
> 
> Also is it right that the cost is £810 if person applying is a spouse of a British citizen ??


Under what circumstances are you applying for discretionary leave? You can't normally apply for DLR direct but you make a usual application under FLR(M), and, depending on circumstances, UKBA may grant you DLR instead, usually for 3 years or less. This is usually for humanitarian or other compassionate reasons (do you have any?). 

As discretionary leave is, well, discretionary, there is no time scale for an outcome - it takes as long as it takes to reach a decision, and knowing their workload, you may be in for a long wait. Until they decide, you are allowed to stay, and if you are allowed to work, you can continue that as well.


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## vmpl (Aug 27, 2011)

Thanks for your reply . My husband and I have spoken to the immigration aid unit and been told he can apply for dlr due to family reason. I believe they said it's because human rights act says people have the right to a family life. 

What confuses is and we are not meeting up with them again until Tuesday is the cost to apply. It says £550 but then £810 also. I think maybe it's £550 if you are a single person but £810 if you are the spouse of a British citizen.

When you say ages do you mean it could take months for a decision ? You said he can stay her legally while they make a decision but what happens if they refuse the application for dlr ?? 

Thanks in advance


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## Joppa (Sep 7, 2009)

vmpl said:


> Thanks for your reply . My husband and I have spoken to the immigration aid unit and been told he can apply for dlr due to family reason. I believe they said it's because human rights act says people have the right to a family life.
> 
> What confuses is and we are not meeting up with them again until Tuesday is the cost to apply. It says £550 but then £810 also. I think maybe it's £550 if you are a single person but £810 if you are the spouse of a British citizen.
> 
> ...


FLR(M) application fee is £550 by post or £850 for same-day premium service. You shouldn't/can't use premium service as your case isn't straightforward and must be referred to a caseworker, and DLR is only granted with the approval of a senior officer. This is exceptional and your chances aren't good unless you have a watertight case under Article 8. If they refuse him leave to remain, he can appeal, and until his appeal is heard he can stay. If he loses his appeal, he will have to leave the country or he may be removed if he doesn't go.

If you want to read about Article 8 of European Convention on Human Rights (ECHR) and its impact on immigration decisions: http://www.ukba.homeoffice.gov.uk/s...icyinstructions/apis/article8echr?view=Binary


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## vmpl (Aug 27, 2011)

If he was refused he will leave voluntarily as we will be doing everything by the book and he will never overstay etc 

Will they give him time to arrange going back there ! ? Or will they expect him to just go straight away?


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## Joppa (Sep 7, 2009)

vmpl said:


> If he was refused he will leave voluntarily as we will be doing everything by the book and he will never overstay etc
> 
> Will they give him time to arrange going back there ! ? Or will they expect him to just go straight away?


Usually given a reasonable time to leave, say a week or two. If he doesn't go, he may be arrested, placed in a detention centre and put on a flight home.


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## vmpl (Aug 27, 2011)

ok thats good then. At that point im guessing he can still apply for a spouse visa once he returns to America tho??


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## Joppa (Sep 7, 2009)

vmpl said:


> ok thats good then. At that point im guessing he can still apply for a spouse visa once he returns to America tho??


Yes, of course.


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## vmpl (Aug 27, 2011)

Thanks xx


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## vmpl (Aug 27, 2011)

Can I just check
Something with you ? 

So he applys for discretionary leave to remain by using the form that people use when they apply for leave to remain ? Is there something on the application that says he is applying for dlr or is that just known once they read application and see it's not a ltr case as he isn't eligible to apply for ltr


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## Joppa (Sep 7, 2009)

vmpl said:


> Can I just check
> Something with you ?
> 
> So he applys for discretionary leave to remain by using the form that people use when they apply for leave to remain ? Is there something on the application that says he is applying for dlr or is that just known once they read application and see it's not a ltr case as he isn't eligible to apply for ltr


You should ask your immigration advisor about what procedure you should follow in your particular circumstance. Discretionary leave is only considered after it has been found you don't qualify for further leave to remain under normal circumstances. Or it may be given only after an appeal under the human rights legislation.


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## vmpl (Aug 27, 2011)

We have Been told that dlr is only route without returning to USA as the visa my
Husband is on
Is a visitors visa which can not be extended or changed to another immigration status under normal immigration rules. Hence why we were advised that dlr and human rights act is our only option other than returning to America


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## Joppa (Sep 7, 2009)

vmpl said:


> We have Been told that dlr is only route without returning to USA as the visa my
> Husband is on
> Is a visitors visa which can not be extended or changed to another immigration status under normal immigration rules. Hence why we were advised that dlr and human rights act is our only option other than returning to America


You just apply in the normal way, most likely on FLR(M). You cannot apply directly for discretionary leave to remain. It's up to UKBA whether to grant you or not. You can attach a letter asking them to consider DLR if you don't qualify for normal FLR, under Article 8.
What did your immigration advisor say about how to apply?


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## vmpl (Aug 27, 2011)

We are seeing the immigration aid unit on Tuesday . They didn't tell us that info yet just that we have a good chance of getting dlr . On another thread you mentioned some people get spouse visa whilst in Uk and without returning to country of origin. Is this basically same as what my husband is applying for or is there another way?? 

I am just trying to get some info before we go on Tuesday so I have an idea too


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