ILR after Discretionary Leave

[cobraxs]

hi i m new here and need advice from you people. i m married to a refugee she was on a 5 year refugee visa when we got married i was given 3 years discretionary leave and i apply for extension and i was given 10 months discretionary leave stating that my wife visa is expiring in dec and they give me the leave of the same date when my wife leave expires. we both living in uk for 6.2 years now my wife apply for ilr after 5 years of limited leave to remain. my lawyer also apply for me ilr with my wife using form set o i m not sure if he did right or wrong its been a week and i havnt received any letter from HO. as both application adresses are different so my lawyer send my application along with my wife to the same adress with the cover letter. Please advice me with what you know, as i m worried. Thanking in Anticipation to every one

[geriatrix]

Under the old policy (before 09-Jul-12), one is eligible for ILR only after 6 years of DL leave.

[cobraxs]

thanks mehta for your reply. i also raise the same question to my lawyer when he said he going to apply ilr for me but he said that coz i live in uk for 6 years so i can still apply now is it true ? as i have had lived on DL for only 4 years in total i was on student visa before ?

[geriatrix]

Those granted leave under the DL policy in force before 9 July 2012 will normally continue to be dealt with under that policy through to settlement if they continue to qualify for further leave on the same basis as their original DL was granted normally they will be eligible to apply for settlement after accruing 6 years' continuous DL (or where appropriate a combination of DL and LOTR, see section 8 above), unless at the date of decision they fall within the restricted leave policy.

LOTR = leave outside of the rules.

[cobraxs]

Thanks for your quick reply what do u think will happen to my application as i have already sent my application but still waiting for the first letter from home office

[cobraxs]

hi i visit my solicitor and ask him and he said he is certain that i can apply for ILR now thats very strange and there is no much detail over the internet i can find regarding my type of cases tho the update is my wife got her BPR letter and she done her finger prints and everything so she is awaiting for the decision while for me i havnt got any letter from home office yet

[cobraxs]

hi there i have just checked my old bpr and the type of visa its shown is Leave to remain tho the first time i applied i was given discretionary leave this thing is eating my brain now

[Obie]

My colleague is perfectly correct and I fully agree with her assessment.

You were granted leave outside the rules on the basis of the rules in place before 9th July 2012. You will qualify for ILR after 6 years. Your wife will qualify under Set Protection after her 5 years elapse.

I am 100% that your lawyer is wrong, and that your ILR will be refused.

I don't think your lawyer knows what he is doing.

[cobraxs]

Hi thanks for ur reply aparently it look same as u said to me i been incontact with my lawyer but he seems very vonfident that i will get it i raise the same concern infront of him that i need to complete 6 years but he said because the second leave i was granted made me attach to my wife as they give me the leave upto the same expiry date my wife leaves expire and ask me to apply along with my wife for further leave which entitle me to apply ilr now tho i recieve a text from home office yesterday and i dnt have leave to remain in uk and ask me to call them when i call them it appear they havnt recieved my application yet i went to my lawyer and he gave me the postal tracking number and ask me to give it to them i call home office and told them i have already applied new application and told them my tracking number and they said they will let me know if they need anything further. My wife got her biomatric letter and she completed her finger scans and pictures so she is now waiting for the decision my lawyer have send my application along with my wife application with the cover letter attached and send it to my wife application address.

[Obie]

I believe the outcome of your application is a foregone conclusion.

[cobraxs]

hello guys there is an update to my application i have recieved my biomatric enrollment letter. does it means i have submitted the correct form set o? and does it means that my application for settlement have been accepted ?

[JUNO786]

Hi Cobraxs,

Could you please update, what happens next as i am in sort of similar situation here, i have my ILR due soon and currently on DL.

Any update would be nice?

Regards
Juno

[cobraxs]

Hi juno just an update my wife got her indefinite issued on 22nd march i m still waiting for my reply. She got her biomatric letter and card on same day on 26 march. Thanks. I hope i will get it too soon. Dnt want to wait more

[Casa]

To avoid confusion, members should be aware that the taking of biometrics is only the first stage. Processing of the application won't begin until these have been submitted and the notification to submit biometrics is no indication on whether the application will be approved or not.

[cobraxs]

Variation of Leave or REFUSAL TO VARY LEAVE




hi i got my discretionary leave for 3 years on 13 feburary 2012 in response to the application flr(M) my wife was on asylum on 5 year route. i got my second discretionary leave on 1 May 2015 for 10 months as my wife visa was expiring on 10 december and they give me the leave upto her visa expiry date. we both apply for ILR after that she got the ilr and i didnot get the ilr because i have to complete 6 years on DLR and i m not eligible for that. Now i got the notice of decision letter in which says notice of decision, variation of leave or refusal to vary leave. i have already completed 4 years on DLR before applying ILR and now my ILR is refused and given another 3 year discretionary leave expiring on 10 may 2019. i have written below what it says and also attached the picture. my reall worry is can i apply ILR in feburary 2018 because by then i will complete 6 years on DLR since i first got it and i m continiously on DLR. or according to what it says below i have to start again onto 6 year route or am i on 10 year route its really confusing can some one please explain me where am i standing and when can i apply ILR. I Thank you to every one who read this and reply me and even to those who cant.

" As a result of the changes to the immigration rules which came into effect on 9 july 2012, any family life claims will now be given consideration under Appendix FM. Consideration to your claim has therefore been given under the exceptions paragraph ex.1(a). It has been accepted that you have a genuine and subsisting relationship with your spouse, who is settled in the uk.

A grant of leave under this provision would be for a limited period of 30 month, entering a 10 year route to settlement. (Please visit ukba website for further information and guidance regarding this). However, as you are currently on the discretionary leave route, you will be granted a further period of discretionary leave, giving you a total period of 6 years, when you will become eligible to apply for settlement."





free image host

[Casa]

You say that you have recently received this notification and the date does in fact show May 2016. However, the UKBA was disbanded in March 2013 due to being unfit for purpose and superseded by the UKVI in April 2013.

Therefore the posted notification dated in May 2016 can't possibly have been sent by the UKBA as they haven't been in existence for more than 3 years.

[CR001]

Letter aside, you did not qualify for ILR anyway. You need 6 full years on DLR first.

[vinny]

You say that you have recently received this notification and the date does in fact show May 2016. However, the UKBA was disbanded in March 2013 due to being unfit for purpose and superseded by the UKVI in April 2013.

The memo of the disbanding may not have reached the letter writer.

In any event, the letter confirms that you are eligible for ILR after 6 years from initial grant of DLR.

[Casa]

You say that you have recently received this notification and the date does in fact show May 2016. However, the UKBA was disbanded in March 2013 due to being unfit for purpose and superseded by the UKVI in April 2013.

The memo of the disbanding may not have reached the letter writer.

In any event, the letter confirms that you are eligible for ILR after 6 years from initial grant of DLR.

An internal memo that take over 3 years to arrive? Don't they know who they're working for?

[vinny]

Don't they know who they're working for?

Perhaps so!

[Casa]

Don't they know who they're working for?

Perhaps so!

Strikes an image of a HO employee long forgotten in a dusty office.... Or a scene from Yes, Minister. Unbelievable

[cobraxs]

i got my ILR rejected and got 3 year more dlr my question is when can i apply for ilr again as i got my first dlr in feb2012. Can i apply ILR in feb2018 which is 6 years from the first dlr i got. kindly reply thanks alot for every one i start beleiving in you guys more than any solicitors they are all scams

[cobraxs]

hi guys sorry for late reply as my account suddenly stop working. thanks every one for your replies it means a lot to me. i am still confused can some one confirm me that i can apply ILR in Feb 2018 ?
Thanks
Kindly Reply i am fully depressed.

[vinny]

Yes.

[khalidhaku]

Dear Sir,

I got DLR in July 2012 and extended for next 3 years on Dec 15 and my ILR due in Dec 18 (will apply one month before). I came in this country with my family wife and two sons on visit visa. Applied political asylum which was refused and after 3-1/2 years got DLR (6 years route) in 2012.

My actual point is that my son got married in Aug 2015 and live together since with my daughter in law (she is due for baby in Jun 2017), she came as student (her visa will expire in OCT 2017). My son doing job with £17000/- annual salary and my daughter in law got part time job (20 hours) annual approx £7500/-, I need advise can we apply her visa on spouse category or 3 years DLR, and I already mentioned that her visa will expire in Oct 17, so when we will apply for that or one month before on expiry of her visa. I also let you know that my son and daughter in law already registered their marriage in city council after approval of home office letter which was sent by city council for approval.

Your kind help in this regard will be highly appreciated.

Thanks