Can I apply for discretionary leave while on visit visa? My wife’s pregnancy is at risk


QUESTION: I am here in UK with my family on visit visa. My wife and a daughter are British nationals. We both are lawyers by profession.

We married in Kenya. We applied for my daughter’s (13 months old) passport from Nairobi. When we reached the UK, we found out that my wife was two months pregnant and unfortunately fell down from the stairs. Obviously I can't leave my wife in this critical condition. Her pregnancy is really very critical.

Is it possible for me to apply for a spouse visa in the UK under critical conditions? If yes, what are my chances to win my case here under discretionary leave? How long it takes after applying?



You cannot make an application for a spouse visa whilst in the UK on a shot term visit visa.

There is however the possibility of applying for further leave to remain by way of a discretionary leave application. This application is decided on a case-by-case basis and will be only granted where there is evidence of truly compelling and compassionate circumstances.

Documentary evidence to prove your situation is key.

The period granted under this application is determined by UKBA but usually where there is an established family and the Applicant wishes to settle with them, they may be granted with a maximum of 3 years initially.

As this route is not based primarily on your marriage, you would not be eligible to apply for indefinite leave to remain in the UK until you have held discretionary leave status for at least 6 years.

It is likely that you will receive a decision within 3-4months. It is very important that you submit your application before the expiry of your visit visa.


Greenfields Solicitors



When to apply for Discretionary Leave and Indefinite Leave to Remain on compassionate grounds

Joining with your partner or spouse in the UK


Disclaimer: The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. Information is offered for general information purposes only, based on the current law when the information was first displayed on this website.

 You should always seek advice from an appropriately qualified solicitor on any specific legal enquiry. For legal advice regarding your case, please contact Greenfields Solicitors for a Consultation with a Solicitor on 020 8884 1166.



Easy to cook traditional recipes for Lohri Festival

“We Were There” Exhibition celebrates ethnic minorities’ contribution to defence