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ILR after Discretionary Leave

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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Casa
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Re: ILR after Discretionary Leave

Post by Casa » Thu Dec 15, 2016 9:39 am

khalidhaku wrote: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
This isn't relevant to the thread title 'ILR after Discretionary Leave'. It's also unfair to tag onto another member's thread and causes confusion.

Please open you own thread and post your question there.
(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.

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Re: ILR after Discretionary Leave

Post by khalidhaku » Thu Dec 15, 2016 12:26 pm

Casa wrote:
khalidhaku wrote: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
This isn't relevant to the thread title 'ILR after Discretionary Leave'. It's also unfair to tag onto another member's thread and causes confusion.

Please open you own thread and post your question there.
Sir Casa, how do I open new thread? Regards

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CR001
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Re: ILR after Discretionary Leave

Post by CR001 » Thu Dec 15, 2016 12:29 pm

khalidhaku wrote:Sir Casa, how do I open new thread? Regards
Casa is a Miss not a Sir.

Click on the 'NEW TOPIC' button at the top left of the ILR forum.
Char (CR001 not Casa)
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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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Re: ILR after Discretionary Leave

Post by khalidhaku » Thu Dec 15, 2016 6:52 pm

CR001 wrote:
khalidhaku wrote:Sir Casa, how do I open new thread? Regards
Casa is a Miss not a Sir.

Click on the 'NEW TOPIC' button at the top left of the ILR forum.
Dear Miss Casa,

I am extremely sorry for that.
Regards,

cobraxs
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Re: ILR after Discretionary Leave

Post by cobraxs » Tue Dec 20, 2016 12:38 am

thanks viney is there any one else who beleive i can apply ILR in feb 2018?

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Re: ILR after Discretionary Leave

Post by fjones66947 » Tue Dec 20, 2016 8:49 pm

cobraxs wrote:thanks viney is there anyone else who believe I can apply ILR in Feb 2018?

Yes, Cobraxs you can indeed apply in Feb 2018, It's pretty much straightforward. You become eligible for Indefinite Leave to Remain at the 6yrs point of DL. That is precisely what I did. I renewed my discretionary leave for the second time and it took over a year for the Home Office to make their decision. It arrived 5wks(July 2016) before I completed my 6yrs (August 2016) and was issued from 2016 to 2019 but I became eligible for ILR in August 2016 so I sent it back to them 5wks after I received it I am now waiting to hear back from them.Payment was taken 2 days after it was received and some of the document I sent with my application has already been sent back, so it's just a matter of time before they reach a decision.

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Re: ILR after Discretionary Leave

Post by cobraxs » Thu Dec 29, 2016 9:29 pm

thanks a lot every one for helping and assisting me i truly appreciate every single one of u for your kind support as there are not too many people out there who spare there time for the benefit of others so i humbly appreciate and thanks every one.

dear fjones66947 thanks for your reply kindly if you dont mind please update me when u will get your ILR as your situation is pretty similar to mine and i wish u best of luck for your ILR application. I am also planing to apply for my ILR in feb2018 at premium service centre i will take my wife along with me and i am also planing to apply without any solicitor or lawyer.

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Re: ILR after Discretionary Leave

Post by cobraxs » Thu Dec 29, 2016 9:31 pm

Obie wrote: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.

hi obie u guys was right my wife got her ilr and i got mine refused so i am planing to apply again in feb2018 which is 6 years from the date of my initial grant. hopefully i will get it by then.

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Re: ILR after Discretionary Leave

Post by cobraxs » Sat Feb 11, 2017 3:34 am

fjones66947 wrote:
cobraxs wrote:thanks viney is there anyone else who believe I can apply ILR in Feb 2018?

Yes, Cobraxs you can indeed apply in Feb 2018, It's pretty much straightforward. You become eligible for Indefinite Leave to Remain at the 6yrs point of DL. That is precisely what I did. I renewed my discretionary leave for the second time and it took over a year for the Home Office to make their decision. It arrived 5wks(July 2016) before I completed my 6yrs (August 2016) and was issued from 2016 to 2019 but I became eligible for ILR in August 2016 so I sent it back to them 5wks after I received it I am now waiting to hear back from them.Payment was taken 2 days after it was received and some of the document I sent with my application has already been sent back, so it's just a matter of time before they reach a decision.
Dear any update for your visa ?

odat
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Re: ILR after Discretionary Leave

Post by odat » Sun Feb 12, 2017 4:06 pm

I believe the home office giving you 10 month same time the expired date of your wife because to be able to apply with your wife in same form as dependant and right form for both of you set_p

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Re: ILR after Discretionary Leave

Post by Seyfikreb » Sat Mar 04, 2017 12:23 pm

Hi All,
I will appreciate your advice regarding my situation and the info given by the solicitor that helped me in applying for my DL on both occasions which is very contrary to the advice and info on this platform.

Initial DL for 3yrs was granted in MAY 2011 (family life route), and the second which was made within time was granted in JUNE 2014 and will expire 10 JUNE 2017.

I rang the solicitor to ask for his help in checking my SET(O) form when the time to apply for my ILR is due (which will be towards the middle of April 2017 with the 28 days concession) and was informed that I will not be able to apply via PEO same day service for my ILR but he will have to do a postal application for me. When I asked him why, he said I cant do PEO with the kind of leave that I have (DL) and the HO will take the money from me online and when the date for the PEO arrives, I will be informed that its not possible to do the same day service via DL and will be given a partial refund of my payment with the application rejected.......please is this the case now?

Will I be able to apply for same day service PEO for my ILR or has the rules changed regarding this?

I will appreciate all your advice and guidance regarding my situation as I am very worried now.

P S. He said the HO takes an average of six(6) months to deal with ILR applications.

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Re: ILR after Discretionary Leave

Post by CR001 » Sat Mar 04, 2017 12:44 pm

Seyfikreb wrote:Hi All,
I will appreciate your advice regarding my situation and the info given by the solicitor that helped me in applying for my DL on both occasions which is very contrary to the advice and info on this platform.

Initial DL for 3yrs was granted in MAY 2011 (family life route), and the second which was made within time was granted in JUNE 2014 and will expire 10 JUNE 2017.

I rang the solicitor to ask for his help in checking my SET(O) form when the time to apply for my ILR is due (which will be towards the middle of April 2017 with the 28 days concession) and was informed that I will not be able to apply via PEO same day service for my ILR but he will have to do a postal application for me. When I asked him why, he said I cant do PEO with the kind of leave that I have (DL) and the HO will take the money from me online and when the date for the PEO arrives, I will be informed that its not possible to do the same day service via DL and will be given a partial refund of my payment with the application rejected.......please is this the case now?

Will I be able to apply for same day service PEO for my ILR or has the rules changed regarding this?

I will appreciate all your advice and guidance regarding my situation as I am very worried now.

P S. He said the HO takes an average of six(6) months to deal with ILR applications.
You can apply in person, a recent success at PSC in the link below.

http://www.immigrationboards.com/indefi ... l#p1459822
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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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Re: ILR after Discretionary Leave

Post by Seyfikreb » Sat Mar 04, 2017 4:39 pm

Much appreciated @ CR001.......I've previously read the case in the link hence, I decided to ask for advice as I'm in such a similar situation.

But it makes me really afraid and wonder why he would give me such info, knowing fully well how straight forward my case is.

Should I take it that I can apply for PSC online for my ILR when the time comes, or should I call the HO helpline to confirm bearing in mind I can be given ten different answers by ten different people each time I call the helpline.

I'm honestly sorry for bothering you.

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Re: ILR after Discretionary Leave

Post by CR001 » Sat Mar 04, 2017 4:43 pm

Seyfikreb wrote:Much appreciated @ CR001.......I've previously read the case in the link hence, I decided to ask for advice as I'm in such a similar situation.

But it makes me really afraid and wonder why he would give me such info, knowing fully well how straight forward my case is.

Should I take it that I can apply for PSC online for my ILR when the time comes, or should I call the HO helpline to confirm bearing in mind I can be given ten different answers by ten different people each time I call the helpline.

I'm honestly sorry for bothering you.
Yes you can apply in person at PSC, the rules permit it.
Char (CR001 not Casa)
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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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Re: ILR after Discretionary Leave

Post by Casa » Sat Mar 04, 2017 4:48 pm

Apart from the HO 'helpline' giving you ten different answers, you'll also have to pay the premium call rate 10 times. Save your money :idea:
(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.

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Re: ILR after Discretionary Leave

Post by mck2010 » Mon Mar 06, 2017 2:53 pm

Hi
My family and I applied for previous leave to remain under my mum and we the children as her dependents however it's time to apply for ILR after 6 years dlr and we are all older than 21years (23,26 and 27years) so no more child dependents. We are booking for the premium online now and want to know if we have to book separately or if we have to book together since we are still dependents living together?

Thanks

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Re: ILR after Discretionary Leave

Post by CR001 » Mon Mar 06, 2017 3:07 pm

mck2010 wrote:Hi
My family and I applied for previous leave to remain under my mum and we the children as her dependents however it's time to apply for ILR after 6 years dlr and we are all older than 21years (23,26 and 27years) so no more child dependents. We are booking for the premium online now and want to know if we have to book separately or if we have to book together since we are still dependents living together?

Thanks
Each person requires an appointment
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Re: ILR after Discretionary Leave

Post by cobraxs » Mon Apr 16, 2018 3:21 pm

just to update you guys i got my ILR in feb 2018 as anticipated by everyone in this group. thank you every one for helping me throughout really appreciate it

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Re: ILR after Discretionary Leave

Post by CMOSUK » Mon Apr 16, 2018 5:09 pm

Congratulations 🎊

Can you please post the documents used as part of your application.
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


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