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Help with ILR application after DLR please

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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CeceBebe
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Help with ILR application after DLR please

Post by CeceBebe » Sun Oct 09, 2016 11:39 am

My ILR application is due on the 19 of November and I'm looking at what options I have. I've been in the country for 10 years now and I've done 2x 3 years DLR. I have a British partner and two British children, im from South Africa. I'm not sure what route to take and if I need a solicitor to help with my application and the other problem is that I don't have sufficient funds for the application. What do I need to do please?

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CR001
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Re: Help with ILR application after DLR please

Post by CR001 » Sun Oct 09, 2016 12:53 pm

You can apply based on 10 years long residence if you have held valid leave/visas for the whole period. You use form Set(LR) for this one. What was your visa/immigration status for the first 4 years before being granted DLR?

You can also apply after holding DLR for 6 years on form Set(O) for this one.

You will need to find the money to apply, you cannot get an exemption from the fee.

You also need English B1 level and Life in the UK tests.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Crazyhorse68
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Re: Help with ILR application after DLR please

Post by Crazyhorse68 » Sun Oct 09, 2016 3:12 pm

Hi
I thought B1 English test for applying citizenship not for ILR.
I'm on 2x3 DLR and taken Life in the UK test.Applying for ILR end of November.
Best regards

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Casa
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Re: Help with ILR application after DLR please

Post by Casa » Sun Oct 09, 2016 4:01 pm

B1 level English is now also required for ILR.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Crazyhorse68
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Re: Help with ILR application after DLR please

Post by Crazyhorse68 » Sun Oct 09, 2016 4:11 pm

Exemptions if you’re applying to settle
You don’t need to prove your knowledge of English if you’re applying as:

a victim of domestic violence as the partner or spouse of a British citizen or someone settled in the UK
the partner or spouse of a person who has died who was either a British citizen or someone settled in the UK
an adult dependent relative between 18 and 64 of someone who is present and settled in the UK, is a refugee or has humanitarian protection
a refugee living in the UK
someone living in the UK with discretionary leave
someone living in the UK for with humanitarian protection
someone who has permission to stay in the UK as a retired person of independent means
a Commonwealth citizen on discharge from HM Forces, including Gurkhas
a highly skilled migrant applying under the terms of the highly skilled migrant program (HSMP) judicial review and your dependants
someone in exceptional circumstances, eg as an orphan, widow or over-age

CeceBebe
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Re: Help with ILR application after DLR please

Post by CeceBebe » Tue Oct 11, 2016 9:57 am

I was on a dependent visa and I overstayed for four years until I received my DLR. I'm confused as whether I need to take a test or not, as I've read somewhere (it might have been an old post) that someone in my circumstance is exempt. Do I need to take both test? Do I also need to pay for the nhs surcharge? A friend of mine had to pay it but I'm not sure what visa she was applying for. I managed to get the money for the application *phew*

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CR001
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Re: Help with ILR application after DLR please

Post by CR001 » Tue Oct 11, 2016 10:17 am

You cannot apply for ILR based on long residence as you don't have 10 years legal visa status.

You should apply on Set(O) with 6 years DLR.

English test not required but I am not sure about Life in the UK test. Will have to look at the form and guidance notes.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

CeceBebe
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Re: Help with ILR application after DLR please

Post by CeceBebe » Tue Oct 11, 2016 11:00 am

Just found out I'm exempt from any tests :D

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CR001
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Re: Help with ILR application after DLR please

Post by CR001 » Tue Oct 11, 2016 11:21 am

But you will need them when you apply for citizenship, 10 years from when you got DLR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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