ILR application after 6 years Discretionary Leave to Remain

[malikhervas]

Hi all,

I'm supporting a younger sibling in the process of putting together an application for his Indefinite Leave to remain and I have a couple of questions.

He was born December 1992, first entered into the UK with our parents at the age of 11 (August 2004) on a 6 month C-Visit Visa (Valid from April till November), the 6 month lapsed but no application was made for the visa to be renewed.

Not until March 2010, few months after his 17th birthday was an application put in for Leave to Remain based on father's British Citizenship status. This made it an exceptional circumstance and it was not a straightforward case as he was an overstayer but he was eventually granted Discretional Leave to Remain in June 2010 for three years.

The DLR was renewed in 2013 for another three years. The renewal application was made in May and approved/renewed in December 2013. He's not left the UK since entering and has no civil or criminal offences (not counting a speed awareness course).

- That is the background, question is, first and foremost, is he eligible to apply for Indefinite leave to remain already or does he have to wait until December? Also, which form will he need to complete? And can he use the premium service?

- Another question is to do with what to write in Section 3 and section 12 where it requests the circumstances to be explained. How much explanation is needed here given it should not be a complicated application?

- Last question relates to Section 5 where there are questions on his financial situation, and how he can cope without accessing public funds. He's currently a full-time university student for the past ten months and therefore isn’t in employment, will this impact on the chances of the application being approved?

Any advice would be appreciated please.

Many thanks,

Malik

[Pillar]

Provided that the second DLR application was made in time, which is in your case, YES you can apply in JUNE as the Section 3C would have been initiated as he send an in-time application for his second renewal, making his leave continuous.

Use SET(O) form.

Yes, you can use premium service centre.

You can explain you are applying for settlement after 6 years discretionary leave and make a cover letter explaining when the grant was given initially and under what circumstances. Explain the current circumstances. Also include the two previous grant letters that were given with the DL grant.

Need to show proof who is supporting him financially too.

[malikhervas]

Provided that the second DLR application was made in time, which is in your case, YES you can apply in JUNE as the Section 3C would have been initiated as he send an in-time application for his second renewal, making his leave continuous.

Use SET(O) form.

Yes, you can use premium service centre.

You can explain you are applying for settlement after 6 years discretionary leave and make a cover letter explaining when the grant was given initially and under what circumstances. Explain the current circumstances. Also include the two previous grant letters that were given with the DL grant.

Need to show proof who is supporting him financially too.

Thanks so much for your help. One question, what kind of financial support proof will I need to provide and for how many months please?


Thanks once again

[Pillar]

Well, I presume you would need to show how he is sourcing himself.

Whether it is from work or from benefits etc?

Does he get tuition loan and grant from student finance? As far as I'm aware people on discretionary leave don't qualify for student finance.

But like I mentioned you would need to show how he is paying his fees and what sources are income he is getting. If you are supporting him, you can mention that but obviously you can't prove that with evidence unless you are transferring certain amount of money each month to his account.

I think as he is in the middle of his degree, it's more likely he will be granted the leave.