Discretionary Leave to Remain Expires in 10 days - Need help

[jbenn]

Hi

My father was granted a 'Discretionary Leave to Remain' 3 years ago. In his passport it says Residence Permit, Limited Leave to Remain in the UK. However this expires in 10 days.

He has been in and out of the UK during these 3 years, and he is currently in the UK. What do we need to do to extend this?

Also note that my mother (who is married to my dad) and myself both have British Passports and are UK residents. So I am also thinking whether we applied for the wrong kind of visa for him 3 years and he in fact needs to switch to something else rather than extend the current visa?

Please help if you can. Thank you.

[jbenn]

I really need urgent advice, does anyone know what we should do before the DLR expires?

[Obie]

On what basis was he granted DLR?

The option is open to him to apply for a further 3 years, and after that, settlement may be a possibility.

The absence may not have a huge impact on the success of that application, provided the absence was not excessive.

[jbenn]

He had a 2 year "VISA Spousal/CP" but he overstayed his visa. We filled some form and submitted to the home office and he was granted DLR. I am not sure why he was not given an extention of his Visa instead, maybe we made the wrong application.

He has been out of the UK most of his DLR time. He has only been in the UK a total of 4 months in the 3 years so he has been away for a significant amount of time. Does this mean we should not apply for an extension as it would get rejected? If we want an extension, do we use the FLR(O) or FLR(FP) form?

Also is it possible to apply for a spousal visa instead or switch to a spousal visa?

Thanks

[Obie]

has he passed his life in the UK test, and English language test now.

It seems like DLR was the wrong visa.

If he has passed those test, he may have a strong case to apply for ILR now.

Alternatively, he could apply on FLR(O) for another 3 years, and apply for ILR after that. If he goes through that route, then he may not need to pass an English language or Life in the UK test.

[Amber]

He was granted DLR because he didn't meet the KoLL requirement at the time he applied for SET(M). As SET(M) doesn't require extant leave, I'd apply for FLR(O) and vary to SET(M) once B1 English and LIUK complete, if unable to complete just extend as FLR(O) without varying. Apply before current leave expires.

[jbenn]

Thanks for the replies.

He has not passed Life in the UK but I thought that was only for people who have lived here continuously for a few years?

If we apply for FLR(O) extension is he likely to get rejected because he has only been in the UK for a total of about 4 months over the last 3 years? Also since his Visa is expiring, do we need to go for the same-day Premium Service, or is it the case that as long as we send off the application before the expiry date of his DLR, he can continue to stay in the UK past the expiry date?

[jbenn]

Someone has just told me we need to fill out an FLR(m) not FLR(o). Now even more confused.

[agnesleifi]

My husband is in the same situation but we applied on form flr(0) he had biometrics done on 8th Aug but we have heard nothing back yet

[jbenn]

Any reason why you didn't use the FLR(M) form instead?

[agnesleifi]

Because he was given discretionary leave to remain I asked a lawyer and he said for flr(0)

[agnesleifi]

We used flr(m) 3 years ago and the flr(0) must have been the proper form as we have had biometrics done

[Amber]

Stop telling people to apply for FLR(M)!

[agnesleifi]

I never said to use flr(m) form

[Sannadx]

Hi Amber,,, could you pls look at my topic on the forum. May be you can help me with some advice.
Thanks.

[jbenn]

Hi Amber

I have found out what happened 3 years ago. We had applied under FLR(M) however my dad is not able to do the test due to medical reasons which we provided, he was therefore granted DLR instead. I assume we now have to extend it using FLR(O) form, however which category do we have to apply under FLR(O). Would it be "General Visitor" or "Other" in the FLR(O) form? I can be a sponsor for him and provide my bank and employment details if it helps with either of those categories.

We have also found out the he had Indefinite Leave to Enter about 6 years ago, but it expired.

Thanks in advance.

[agnesleifi]

My husband got DLR 3 years ago and we applied on flr(0) this time under other if this helps

[Amber]

FLR(O) other.

[jbenn]

Thanks Amber, Is there anything he can do with the indefinite leave to enter that he had 6-10 years ago?

Also do we need to explain why he has only been in the UK 3-4 months during his 3-year DLR?

Thanks

[Obie]

ILE never expires, it is the equivalent to ILR.

If it was ILE KOl required, he could apply for ILR Set(M) if he has passed LIUK test.

[jbenn]

His Indefinite Leave to Enter has a 'valid from' and 'valid until' date.

Here is what it says:

UK ENTRY CLEARANCE
Valid from:... , Valid until:...
TYPE: VISA FAMILY REUNION - SPONSOR: [wife's name]
Obsrv: Indefinite leave to enter the UK

Note also that there was a single period of 2 years during this time that he was out of the UK, not sure if this affected anything.

[Obie]

A 2 years absence will invalidate ILE.

I think we can safely discard it, if he was away for 2 years.

[jbenn]

Thanks Amber/Obie, is there anywhere online which states this 2 year rule?

Ok I've looked into this and found out what has happened. The expiry date on his ILE was the same as the expiry date of his passport! However since he thought this meant that his ILE expired and as a result he applied for a visa after this, and he has had different 2 other visa since then, when all this time all we had to do was have his ILE transferred to his new passport. I am now wondering whether we can just transfer his ILE in his old passport despite him having had 2 other visas after this simply because we didn't realise all we had to do was transfer it.