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Discretionary Leave Grant

I was granted ds (discretionary leave) a week ago after nearly two years of ups and downs.

I came to the UK in 2002 and got a 1 year student visa at Heathrow. I then claimed asylum in 2003 which was refused. My appeal was also refused and I didn't know what to do so I left it. It was hard though because I couldn't work.

In 2007 I met my British husband. After we got engaged we tried to get a Certificate of Approval (coa) but we realised we were going to take a very big risk when we weren't guaranteed to get it. We managed to get married in church of England 13 months after we met.

We first tried to legalise my status in July 2008 when I was 5 months pregnant. I was advised to go and apply from my country which I couldn't do at the time because we didn't know how long it was going to take and my husband didn't want me giving birth away from home.

Our baby(also British) was born 2 months early and in October 2008 when he was a month old I found a new solicitor to represent my case. It took a few months to get everything together and the spousal visa application was submitted end of June 09. A few weeks later we got a letter saying the home office had received the application. We didn't hear from them until Feb. this year when we received a refusal letter and no appeal.

In April I got a letter saying I had less than 2weeks to make arrangements to leave the country and notify the Home Office of my departure, it also said it was a criminal offence staying in this country without permission and I could get arrested. My solicitor sent them a letter stating were going to take them to court if they didn't respond within 14 days. Two weeks later we got a letter saying they were reconsidering and they were going to allocate the case to a caseworker. Two weeks later we got another letter asking for documentation of our marriage from the time we met and medical records of the postnatal depression I had when I had my son. they referred to the application as discretionary leave and gave us a deadline of 2 or 3 weeks.

We submitted everything they wanted by the deadline and waited for a month. Monday morning(19 July) I got a call from my solicitor telling me I had to go pick up my passport from his office because I had been given 3years leave to remain.

After nearly 2 years what started as spousal visa application ended with a three year discretionary leave visa.

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Disclaimer: The views expressed in this article are the author's and not necessarily those of or any entity associated with This article is not checked for accuracy by any qualified immigration consultant or solicitor either represented on this site or otherwise. We will not be legally responsible for any statement made in this article. If you're going through the UK immigration process we strongly advise that you appoint a UK immigration consultant or immigration solicitor to deal with your case.


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