6 years DL, also spouse, what to apply for next?

[jbenn]

My dad is 66 years old with a Middleeastern passport. Both his wife (my mother over 60 years old) and his 2 kids (over 30 years old) have British Passports (having previously settled in UK over 15 years ago).

- In 2004 he was granted ILE under family reunion
- He was absent from UK for more than two years and therefore lost his ILE.
- In 2009 he applied for EC as a spouse and was granted for 2 years.
- In 2011 he applied form FLR(M) for LTR as a spouse but was refused (due to not having done English test), but was granted DL for 3 years because he entered with the correct EC for marriage and that he has family life with his spouse.
- In 2014 he applied under form FLR(O) he was granted DL for 3 years.

His DL expires in 2 months. We also understand as he is now above 65 years old, he does not need to do the English test.

Can you please let us know what he should apply for next to lead to him getting a British Passport?

Thank you.

[mollydoglove]

hello I think he can apply for indefinite leave to remain as I am on the same 6yrs DL and will expire in Dec this year but let him check his letter given to him it should state that he can apply for ILR after the 6yrs.

[Obie]

I will qualify for ILR on the 6th Anniversary of the grant of DLR.

Life in the UK test and English language will not be required.

[jbenn]

Thanks. What form does he need to complete for that?

[CR001]

Set(O)

[jbenn]

Is it not form Set(m) as his wife has a British passport and lives in UK?

[CR001]

Is it not form Set(m) as his wife has a British passport and lives in UK?

No because he DOES NOT hold a visa to qualify on Set(M), which would be a spouse settlement visa.

He needs to apply on Set(O) if he is on the 6 years DLR route.

[jbenn]

Thanks. Which category under Set(o) does he need to apply for?

[CR001]

Tick 'Other purposes/reasons not covered by other application forms'

[jbenn]

Is there a any guidance on how important earnings is for Set(O) form under category 'Other purposes/reasons not covered by other application forms'?

Basically my dad who is applying has no earnings and does not need it as any living expenses is paid for by my mother (who is a british citizen). He has never needed and will never need public funds. But will putting the fact that he has no earnings result in the application being rejected?

[mollydoglove]

personally I don't think that will affect his application as far as his circumstance has not changed from when he first apply for his DLR. I might be wrong though.

[CMOSUK]

Is there a any guidance on how important earnings is for Set(O) form under category 'Other purposes/reasons not covered by other application forms'?

Basically my dad who is applying has no earnings and does not need it as any living expenses is paid for by my mother (who is a british citizen). He has never needed and will never need public funds. But will putting the fact that he has no earnings result in the application being rejected?

It shouldn't as those granted DLR have no maintenance requirements or language requirements.

Still, maybe he could include his wife's income details or joint bank statements if available just to show UKVI how he is supported.

But again there is no maintenance requirement for his visa type.