Can I change my Discretionary leave into another category

[Rizcon]

Hello
My circumstances are as follow:
September 2005 :
Entry clearance visa as a student dependant of my husband / Arrived UK with a 9 month baby, also on dependant visa.
July 2009 :
Gave birth to another baby in UK.
July 2009 :
Again extended visa as a dependant of my husband which was valid until July 2011.
March 2011 :
Left my husband along with both kids due to problem in our relationship with the help of social services.
July 2011 :
Visa expired / Social services were in contact with UKBA about my case as I was living very far from Croydon in a shelter home and it was not possible for me to travel alone to London to file my Assylum case. In short, my solicitors assigned by social services were trying to allow me to file my application to any UKBA setup close to the town I was living which UKBA turned down.
April 2012 :
Applied as an Assylum seeker along with kids, but claim turned down and issued a discretionary leave for 3 years in the same month.My Assylum claim was domestic violence and treatment from husband / family if I had to leave the country.
March 2014:
Started to live again with my husband and informed home office about it.Also stopped all benefits etc.
My husband is on Tier-1 General visa.

Now here are my questions looking forward for the answers from the senior members on this forum:

(1) My discretionary leave along with my children will expire next month. What are my options keeping in mind that I can't extend my discretionary leave due to change in my circumstances?
(2) Becoming the dependant of my husband under Tier 1 is our only option and will we have to leave the country to do so and apply for entry clearance again?
(3) I heard that children can apply for ILR after 3 years of discretionary leave. Is it possible in my case?
(4) Is it possible for me to extend our leave under FLR i.e without becoming the dependant of my husband under Tier 1?
(5) Me and my eldest son will complete our 10 years in September this year. I know there is a break in my visa of about 10 months. Any chance that we can some how fit under 10 year ILR?
(6) My husband will also complete his 10 years in September this year and he is planning to apply for ILR on these grounds. Can this give us any benefit?

Just to clarify more, my eldest baby is now 10.5 years and was just 9 months when we came here and the other baby born here is 5.5 years.
Please, help me out to find the solution to my questions. I know there are some great minds here and I hope they will find the right solution for me as I'm sick with the different opinions of the solicitors.

[Obie]

You quickest part to ILR in my opinion is to stick to Discretionary Leave. Get a second extension and apply for ILR after 6 years of residence.

You cannot apply as Tier 1 dependent. You may be required to leave the UK to do this, and your husband is yet to receive a settled status.

You were granted the DLR on the basis of your child and your prospect if you return.

I am not convinced, that your circumstance has changed to such an extent that you will not be able to continue to qualify for DLR.

[Rizcon]

Thanks Obie for your reply.
It's very very difficult to prove as I've started to live with my husband and I made the claim of domestic violence against my husband with other claims.
Ok, if I apply for the extension of discretionary leave,in your opinion how much the chances of success are there & if they decline my extension, then what option will be available for me?
Other than this, do you have any information about the 3 year child discretionary leave ILR option & according to my case are my children eligible to apply under this rule?
To simplify more, I'm looking to apply ILR for my children under 3 year discretionary leave rule, if applicable in my case and FLR for my self. Do you think I'm thinking on right track and it's gonna work. Though I want to get ILR as soon as possible, but I won't mind coming under my husband's spouse visa once he get ILR.

[Obie]

Has the issue that caused the Domestic violence been dealt with?

The last thing you want is to abandon your path to ILR, which you are half way through, and then the violence commences again.

At present you are able to claim benefits, and obtain ILR in 3 year.

If you decide to go his way, you may probably have to wait for 5 years, or 10 year for ILR .

He needs professional help, and has he been able to obtain it?

If he is able to obtain ILR, then the children born in the UK can be registered and you may be able to apply as a spouse.

take care again.

[julian1972]

You are better of staying on your current DLR which would lead to ILR in 3 years' time.

If you decide to become a dependent on your husband's visa, once he gets ILR and knowing that you depend on him for yours he's likely to take advantage of you, after all he has the bargaining power.

[Rizcon]

[quote="Obie"]Has the issue that caused the Domestic violence been dealt with?

The last thing you want is to abandon your path to ILR, which you are half way through, and then the violence commences again.

At present you are able to claim benefits, and obtain ILR in 3 year.

If you decide to go his way, you may probably have to wait for 5 years, or 10 year for ILR .

He needs professional help, and has he been able to obtain it?


Thanks again Obie for your advice.
Do you think that it will be ok for me to apply for the extension of DL and ask HO to grant ILR for my children on the same form as they will complete 3 years on DL?
Another question just for my knowledge that will it be problem for my husband if he apply under 10 years long residence due to our circumstances and history of DV?
In short will HO make it difficult for him to get ILR due to DV reasons?

[Rizcon]

Hello
Any help in my circumstances?

[Rizcon]

My history in this country is as follow:
September 2005 :
Entry clearance visa as a student dependant of my husband / Arrived UK with a 9 month baby, also on dependant visa.
July 2009 :
Gave birth to another baby in UK.
July 2009 :
Again extended visa as a dependant of my husband which was valid until July 2011.
March 2011 :
Left my husband along with both kids due to problem in our relationship with the help of social services.
July 2011 :
Visa expired / Social services were in contact with UKBA about my case as I was living very far from Croydon in a shelter home and it was not possible for me to travel alone to London to file my Assylum case. In short, my solicitors assigned by social services were trying to allow me to file my application to any UKBA setup close to the town I was living which UKBA turned down.
April 2012 :
Applied as an Assylum seeker along with kids, but claim turned down and issued a discretionary leave for 3 years in the same month.My Assylum claim was domestic violence and treatment from husband / family if I had to leave the country.
March 2014:
Started to live again with my husband and informed home office about it.Also stopped all benefits etc.
My husband is on Tier-1 General visa.

Now here are my questions looking forward for the answers from the senior members:

(1) will it be ok for my to apply for my Discretionary Leave Extension using the FORM DL ?
(2) Will it be ok to request HO to grant ILR to my children following the case SM/TM/JD and Others vs SSHD(2013)EWHC 1144 (Admin) using the same form as my dependants as there is a column in the same form in the dependants section?

A response from senior members and moderators will be much appreciated.

[Rizcon]

[quote]
(1) will it be ok for my to apply for my Discretionary Leave Extension using the FORM DL ?
(2) Will it be ok to request HO to grant ILR to my children following the case SM/TM/JD and Others vs SSHD(2013)EWHC 1144 (Admin) using the same form as my dependants as there is a column in the same form in the dependants section?


Can any one answer me please about my questions?