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ILR after Discretionary leave - Confusion

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

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shazi-uk
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ILR after Discretionary leave - Confusion

Post by shazi-uk » Tue Jun 12, 2018 12:39 pm

Hi,

Children were granted Discretionary Leave to remain in 2011 until 2014 (3 YRS)

I applied for ILR in 2012 before July (before new rules)

1st Grant
I was granted leave to remain on Discretionary basis (in-line with children) in 2013 until 2014 so expired at the same time as children.

2nd & 3rd Grants
Extended my leave in-time FLR, granted Discretionary leave in 2014 until 2017 (3 YRS)
Extended my leave in-time FLR, granted Discretionary leave in 2017 until 2020 (3 YRS)

2nd & 3rd Letters say,
Grant of Discretionary Leave to Remain

You have therefore been granted limited leave to remain in the UK in accordance with the principles set out in the HO Policy instruction on Discretionary Leave. You have been granted Discretionary Leave to remain until 2017 and 3rd letter until 2020

Where an extension of Discretionary Leave in sought, the request will be subject to an active review. A person will not become eligible for settlement until they have completed 6 years of Discretionary Leave.

Questions:
Q1: When can I apply for ILR (in 2019 or 2020)?
Q2: Do I need to pass English Language / Life in the UK
Q3: Can I use Premium Service?

Thanks

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CMOSUK
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Re: ILR after Discretionary leave - Confusion

Post by CMOSUK » Tue Jun 12, 2018 6:06 pm

Hi

Loooking at your thread you made a while back in regards to this, I would have thought this was answered more or less.

Click here

From my understanding, if you were granted DLR online with your children's DLR, and your children where granted before the 9 July 2012 immigration rule changes, then I believe you do have the old DLR, as you state that further extensions are for 3 years and your 2nd grant and 3rd grant as well as your Initial grant all mention you being granted DLR.

Normally I would state, you are eligible to apply for ILR 28 days or within 28 days of you completing 6 years DLR qualifying period.

I also believe the DLR you where granted in line with your children would also count towards the 6 years need to apply for ILR.

There is no language requirements and yes you can use PSC appointment with SET(O) form.
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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CMOSUK
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Re: ILR after Discretionary leave - Confusion

Post by CMOSUK » Tue Jun 12, 2018 6:14 pm

Also, the DLR that you have been granted, does it the 'No recourse to public funds' endorsement?
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.


shazi-uk
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Re: ILR after Discretionary leave - Confusion

Post by shazi-uk » Tue Jun 12, 2018 10:20 pm

Hi,
I couldn't find the original post before, thanks for the link.

so in response to your query, Initial DLR (2013) leave came with NRPF but later it was amended and NRPF condition was removed by the HO. 2nd DLR (2014-2017) and 3rd DLR (2017-2020) were granted without any conditions or restrictions and on both of the decision letters it says:

You have therefore been granted limited leave to remain in the UK in accordance with the principles set out in the HO Policy instruction on Discretionary Leave. You have been granted Discretionary Leave to remain until 2017 and 3rd letter until 2020

Where an extension of Discretionary Leave in sought, the request will be subject to an active review. A person will not become eligible for settlement until they have completed 6 years of Discretionary Leave.


so once again, please clarify: when this 6 years DLR qualifying period will complete?
Shall I count from 2013 or 2014?
Please elaborate.

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Arslaan
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Re: ILR after Discretionary leave - Confusion

Post by Arslaan » Wed Jun 13, 2018 12:19 pm

* Sorry to hijack the thread but as we are in similar situation doesn't want another thread

I am in similar situation and do not want to create another thread regarding same issue.

I have been given 1st DL till 2020 (Non Asylum based). I been in this country LEGALLY since 2006, as per information on following link, does it mean I'm eligible to apply for ILR straight away?

https://www.gov.uk/settle-in-the-uk/y/y ... nary-leave

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CR001
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Re: ILR after Discretionary leave - Confusion

Post by CR001 » Wed Jun 13, 2018 12:23 pm

Devilz wrote:
Wed Jun 13, 2018 12:19 pm
* Sorry to hijack the thread but as we are in similar situation doesn't want another thread

I am in similar situation and do not want to create another thread regarding same issue.

I have been given 1st DL till 2020 (Non Asylum based). I been in this country LEGALLY since 2006, as per information on following link, does it mean I'm eligible to apply for ILR straight away?

https://www.gov.uk/settle-in-the-uk/y/y ... nary-leave
Your case is not 'similar'. Please continue in your existing topic you already have.

general-uk-immigration-forum/court-hear ... l#p1562483

See also point 12 in the forum rules FAQs (click)
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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Arslaan
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Re: ILR after Discretionary leave - Confusion

Post by Arslaan » Wed Jun 13, 2018 12:38 pm

CR001 wrote:
Wed Jun 13, 2018 12:23 pm
Devilz wrote:
Wed Jun 13, 2018 12:19 pm
* Sorry to hijack the thread but as we are in similar situation doesn't want another thread

I am in similar situation and do not want to create another thread regarding same issue.

I have been given 1st DL till 2020 (Non Asylum based). I been in this country LEGALLY since 2006, as per information on following link, does it mean I'm eligible to apply for ILR straight away?

https://www.gov.uk/settle-in-the-uk/y/y ... nary-leave
Your case is not 'similar'. Please continue in your existing topic you already have.

general-uk-immigration-forum/court-hear ... l#p1562483

See also point 12 in the forum rules FAQs (click)
Thanks for the advise and apologies for inconvenience.

shazi-uk
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Re: ILR after Discretionary leave - Confusion

Post by shazi-uk » Wed Jun 13, 2018 10:18 pm

shazi-uk wrote:
Tue Jun 12, 2018 10:20 pm
Hi,
I couldn't find the original post before, thanks for the link.

so in response to your query, Initial DLR (2013) leave came with NRPF but later it was amended and NRPF condition was removed by the HO. 2nd DLR (2014-2017) and 3rd DLR (2017-2020) were granted without any conditions or restrictions and on both of the decision letters it says:

You have therefore been granted limited leave to remain in the UK in accordance with the principles set out in the HO Policy instruction on Discretionary Leave. You have been granted Discretionary Leave to remain until 2017 and 3rd letter until 2020

Where an extension of Discretionary Leave in sought, the request will be subject to an active review. A person will not become eligible for settlement until they have completed 6 years of Discretionary Leave.


so once again, please clarify: when this 6 years DLR qualifying period will complete?
Shall I count from 2013 or 2014?
Please elaborate.
so once again, please clarify: when this 6 years DLR qualifying period will complete?
Shall I count from 2013 or 2014?
Please elaborate.

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