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DISCRETIONARY LEAVE TO REMAIN

General UK immigration & work permits; don't post job search or family related topics!

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Brutes660
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Joined: Thu Sep 22, 2011 2:41 pm
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DISCRETIONARY LEAVE TO REMAIN

Post by Brutes660 » Fri Feb 06, 2015 12:22 pm

Hi Everyone,

Case : My DLR is expiring very soon.
Firstly, It was refused under article 8 & 3. While appealed to first tier tribunal & asylum chamber , I was given "Limited leave to Remain" under Article 8. I assumed it was a great battle.
We are couple with 8 years old son. I have access to public fund and this is first time DLR was granted to me, coming to and end of first 3 years. I am here for 8 years and my son is for 5 years.

So now, I need some expert advise on following while applying for extension.
1. Should I apply using DL or FLR form?
---As I firstly applied FLR (O) form.
---As it went on appeal through asylum chamber I suppose DL form.
2. Do I need to show any maintenance.
---(I think not) as I didn't, when I applied before.
3. Is there any possibility of getting ILR?
---Acknowledging the "Best interest of Child" protocol.
4. Do we need to show English Competency test ?
---I think not as we are here on discretion.

I would appreciate your expertise.
Regards.

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: DISCRETIONARY LEAVE TO REMAIN

Post by Zee ali » Fri Feb 06, 2015 5:58 pm

basnetameer wrote:Hi Everyone,

Case : My DLR is expiring very soon.
Firstly, It was refused under article 8 & 3. While appealed to first tier tribunal & asylum chamber , I was given "Limited leave to Remain" under Article 8. I assumed it was a great battle.
We are couple with 8 years old son. I have access to public fund and this is first time DLR was granted to me, coming to and end of first 3 years. I am here for 8 years and my son is for 5 years.

So now, I need some expert advise on following while applying for extension.
1. Should I apply using DL or FLR form?
---As I firstly applied FLR (O) form.
---As it went on appeal through asylum chamber I suppose DL form.
2. Do I need to show any maintenance.
---(I think not) as I didn't, when I applied before.
3. Is there any possibility of getting ILR?
---Acknowledging the "Best interest of Child" protocol.
4. Do we need to show English Competency test ?
---I think not as we are here on discretion.

I would appreciate your expertise.
Regards.
Hi

Just want to ask How old was your child when u got first 3 years discretionary leave?

If last time u used FLRO than same this time.
u will get another 3 years DLR and than ILR after 6 years on DLR.
No english at the moment
No maintenance
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

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Brutes660
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Posts: 36
Joined: Thu Sep 22, 2011 2:41 pm
Nepal

Re: DISCRETIONARY LEAVE TO REMAIN

Post by Brutes660 » Fri Feb 06, 2015 6:13 pm

Thanks for quick reply.
My son was 5.5 years when we got DLR.
One more thing!
Do I need to pay the application fee or not, if yes will I be eligible to get legal aid?
Thanks again in advance.

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: DISCRETIONARY LEAVE TO REMAIN

Post by Zee ali » Fri Feb 06, 2015 7:21 pm

basnetameer wrote:Thanks for quick reply.
My son was 5.5 years when we got DLR.
One more thing!
Do I need to pay the application fee or not, if yes will I be eligible to get legal aid?
Thanks again in advance.
Yes u need to pay the required fees. I dont know about legal aid thing. But if u r destitute than u can apply for fees waiver first from HO.

But my advise is don't do it and pay the feess and get another DLR.

On what basis u got DLR I am surprised that they consider your Article 8 claim with 5.5 years old child.

Regards
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

babybabyluv
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Posts: 14
Joined: Sun Feb 08, 2015 11:09 am

Re: DISCRETIONARY LEAVE TO REMAIN

Post by babybabyluv » Sun Feb 08, 2015 12:40 pm

Hi, yes pls, how were u able to obtain leave to remain with a 5 year old? I'm curious because I was refused leave to remain with my 4 year old. I am appealing the decision. Here is my case:
Am an overstayer. Been here over 10 years with 2 kids (4yrs and 2yrs), made an application under Article8 and 3 but it was refused, I have no family to return to and wld be unable to care and provide for my kids there. My kid had global developmental delay and takes speech therapy here. He's 4 yrs but his development has been said to be of a 2 year old. It will be hard for him to adapt. The home office said I have not provided evidence to say I can't maintain them. I don't know how to prove this or what documents to support this. I don't use anyone at all there. Parents r no more, no siblings or relations. Pls help!!! My appeal will be heard soon although no date has been set yet. I have done lots of courses here, and am well settled here(socially, religiously). Pls help!!!

babybabyluv
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Re: DISCRETIONARY LEAVE TO REMAIN

Post by babybabyluv » Sun Feb 08, 2015 3:05 pm

Hi, thank you so much for the quick response, but as I new to this board I have been unable to view the private message u sent to me. Is there anyway u could post it here?thank u :)

siliconegel
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Re: DISCRETIONARY LEAVE TO REMAIN

Post by siliconegel » Sun Feb 08, 2015 4:45 pm

Hi . I am fairly new to this forum and was wondering how easy it is to get an extension for discretionary leave to remain. I was issued limited leave to remain visas based on private life for 3 years under the old rules. I have been in the UK for just over 6 years. I am not a assulym seeker, so anyone advise what form I have to submit for extension? Is it easy to get an extension?

babybabyluv
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Posts: 14
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Re: DISCRETIONARY LEAVE TO REMAIN

Post by babybabyluv » Mon Feb 09, 2015 2:09 pm

Hi again, pls is there anyone there to offer help/advice pls. I posted yesterday about being an overstayer of 10yrs with 2 kids 4 and 2 with no family in country of origin. Have an appeal coming up soon, HO said I haven't provided evidence I walnut be able to maintain them. Currently being supported by Social services due to being destitute. What evidence should I produce for appeal? Help!!!!!

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Brutes660
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Posts: 36
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Re: DISCRETIONARY LEAVE TO REMAIN

Post by Brutes660 » Mon Feb 09, 2015 3:00 pm

babybabyluv wrote:Hi again, pls is there anyone there to offer help/advice pls. I posted yesterday about being an overstayer of 10yrs with 2 kids 4 and 2 with no family in country of origin. Have an appeal coming up soon, HO said I haven't provided evidence I walnut be able to maintain them. Currently being supported by Social services due to being destitute. What evidence should I produce for appeal? Help!!!!!
Hi,
I am sorry with your situation, I replied to your thread day before yesterday and deleted it yesterday because i thought you have read it. As you have mentioned about over stayer, my case won't help you, Please go through other post to find the answer about it. There are many people out here to suggest you. Wish you find the way.
regards

siliconegel
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Posts: 45
Joined: Wed Jan 14, 2015 9:10 pm

Re: DISCRETIONARY LEAVE TO REMAIN

Post by siliconegel » Mon Feb 09, 2015 9:04 pm

Hi . I am fairly new to this forum and was wondering how easy it is to get an extension for discretionary leave to remain. I was issued limited leave to remain visas based on private life for 3 years under the old rules. I have been in the UK for just over 6 years. I am not a assulym seeker, so anyone advise what application form I have to submit for extension? Is it easy to get an extension? Please help with your advise.Thank you.

User avatar
Brutes660
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Posts: 36
Joined: Thu Sep 22, 2011 2:41 pm
Nepal

Re: DISCRETIONARY LEAVE TO REMAIN

Post by Brutes660 » Tue Feb 10, 2015 10:34 am

siliconegel wrote:Hi . I am fairly new to this forum and was wondering how easy it is to get an extension for discretionary leave to remain. I was issued limited leave to remain visas based on private life for 3 years under the old rules. I have been in the UK for just over 6 years. I am not a assulym seeker, so anyone advise what application form I have to submit for extension? Is it easy to get an extension? Please help with your advise.Thank you.
Hi,
I think For the extension It's the same form which you have used first time. After 6 years (3 years each DLR) when you will be qualified for settlement then there is different form to use.
However, please seek advice from expert in here or any good solicitors to confirm. I am sorry I am also a new here looking for advice for my own extension with the somehow similar situation.
wish you luck. Regards!

siliconegel
Newbie
Posts: 45
Joined: Wed Jan 14, 2015 9:10 pm

Re: DISCRETIONARY LEAVE TO REMAIN

Post by siliconegel » Tue Feb 10, 2015 9:57 pm

basnetameer wrote:
siliconegel wrote:Hi . I am fairly new to this forum and was wondering how easy it is to get an extension for discretionary leave to remain. I was issued limited leave to remain visas based on private life for 3 years under the old rules. I have been in the UK for just over 6 years. I am not a assulym seeker, so anyone advise what application form I have to submit for extension? Is it easy to get an extension? Please help with your advise.Thank you.
Hi,
I think For the extension It's the same form which you have used first time. After 6 years (3 years each DLR) when you will be qualified for settlement then there is different form to use.
However, please seek advice from expert in here or any good solicitors to confirm. I am sorry I am also a new here looking for advice for my own extension with the somehow similar situation.
wish you luck. Regards!
Hi. Thank you for your reply. For your information, I got discretionary leave to remain using Set(M) form. Because it was the wrong form, Home Office issued Discretionary leave to remain visas. Is it the same form for extension or a different one? Please advise.

babybabyluv
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Posts: 14
Joined: Sun Feb 08, 2015 11:09 am

Re: DISCRETIONARY LEAVE TO REMAIN

Post by babybabyluv » Wed Feb 11, 2015 4:03 pm

Pls how do I prove that I won't be able to provide safety and maintain my kids if I was returned home. In the refusal letter I got they HO gave a background evidence that there's "adequate access" to education which intact according to Unicef report it is submitted that there's very minimal access to education and healthcare. What other evidence can I produce please?!!!

mkhari
Member
Posts: 240
Joined: Wed Nov 28, 2012 3:39 pm
Location: LEICESTER
Pakistan

Re: DISCRETIONARY LEAVE TO REMAIN

Post by mkhari » Wed Feb 11, 2015 4:34 pm

Dear siliconegel
whats your story
did you get your first DLR or second
MKHARI

siliconegel
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Posts: 45
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Re: DISCRETIONARY LEAVE TO REMAIN

Post by siliconegel » Wed Feb 11, 2015 9:11 pm

mkhari wrote:Dear siliconegel
whats your story
did you get your first DLR or second
Dear Mkhari,

Its my first DLR and want to extend DLR by another 3 years.

mkhari
Member
Posts: 240
Joined: Wed Nov 28, 2012 3:39 pm
Location: LEICESTER
Pakistan

Re: DISCRETIONARY LEAVE TO REMAIN

Post by mkhari » Thu Feb 12, 2015 10:43 am

Thanks
I think if you r single and was failed asylum then apply on DL form
MKHARI

siliconegel
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Posts: 45
Joined: Wed Jan 14, 2015 9:10 pm

Re: DISCRETIONARY LEAVE TO REMAIN

Post by siliconegel » Thu Feb 12, 2015 9:00 pm

mkhari wrote:Thanks
I think if you r single and was failed asylum then apply on DL form
I am single but not an asylum seeker. My story was that I applied using the wrong form the first time and became an over stayer and therefore I was issued DLR based on private life in the UK for just over 3 years. The 3 years is now coming to an end and have to apply for an extension for another 3 years. Is form DL the correct application form as this time I do not want to submit the wrong form. Many thanks.

siliconegel
Newbie
Posts: 45
Joined: Wed Jan 14, 2015 9:10 pm

Re: DISCRETIONARY LEAVE TO REMAIN

Post by siliconegel » Sun Feb 15, 2015 10:27 am

siliconegel wrote:
mkhari wrote:Thanks
I think if you r single and was failed asylum then apply on DL form
I am single but not an asylum seeker. My story was that I applied using the wrong form the first time and became an over stayer and therefore I was issued DLR based on private life in the UK for just over 3 years. The 3 years is now coming to an end and have to apply for an extension for another 3 years. Is form DL the correct application form as this time I do not want to submit the wrong form. Many thanks.

I am single but not an asylum seeker. My story was that I applied using the wrong form the first time and became an over stayer and therefore I was issued DLR based on private life in the UK for just over 3 years. The 3 years is now coming to an end and have to apply for an extension for another 3 years. Is form DL the correct application form as this time I do not want to submit the wrong form. Response required. Many thanks.

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