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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
ILR, if you were given a solid 3 years DLR and you have had it twice, you are eligible for ILRReeeee wrote: ↑Thu Jun 07, 2018 5:32 pmHi my husband applied for ILR in August 2011 but was granted Discretionary leave instead in May 2012. Then me and my son had to apply for Discretionary leave in June and was granted in March 2013 until 2015. We applied for an extension and was granted 3 years Discretionary leave until July 2018. In about a week time we need to apply for ILR but I’m not sure if I’ll be granted ILR or not. I also don’t know if I should apply for another extension if Discretionary leave or ILR. Can someone help please. Thanks a lot
Have you ever had any similar case? Do you know what the outcome was?
You have to count 6 years from your initial grant date of DLR which is March 2013, you would be completing your qualifying period of 6 years in March 2019 but you can apply 28 days or within
One thing that does interest me is, and you will have to refer to your immigration documents is, where you granted inline with your husband or have they put you under the 10 year route to ILR?
As I stated as did CR001, you have not completed the 6 years in order to make you eligible to apply for ILR, on the balance of probability, it may be refused and they may grant you a further 3 years until you are eligible to apply.Reeeee wrote: ↑Sat Jun 09, 2018 9:30 amThanks a lot for your reply. You know when my husband was refused ilr and granted DL in 2012, HO sent a letter to ask me and my son to apply for DL asap. That’s that we did in 2012 and sent the application within one month. But it’s home Office who took time to process it and we were granted DL in 2013 after 8 months of sending the application. I come under the old rule, that’s is, 6 years DL rule. The 10 yrs rule was not yet applicable when I applied so I was lucky in this.
Do you think they will again grant me another 3 years DL ? I can’t even think about that it’s dreadful. I don’t have that much money to apply again.
If your son was born in the UK and has spent his first 10 years of his life in the UK with no more than 90 days absences out with the UK per 10 years, they may be able to register as a British citizen under Form T if he does become an overstayer, that period of overstaying may be ignored.Reeeee wrote: ↑Sat Jun 09, 2018 12:35 pmThanks for replying. I can have recourse to public fund as I am under the 6 years rule so I will try the fee waiver but I’m not sure it’ll be granted.My son will be 10 in September and he is British born but I’m having to apply ILR for him as well just because his DL ends in 2 July. Now if he is granted more DL we will have to pay the NHS surcharge despite paying the ILR fee, same like me. So since we are under 3 years rule we will have to pay the NHS surcharge for 3 years each in one go on top of the ILR fee. Can you imagine what I’m going through.
Also last week my husband called the Home Office and explained to the person about our situation and we were quite surprised the staff said that since me and my son were granted in line with my husband, that means we will get our ILR . Then my husband told him what if we apply for ILr and lose our money he gave us the call reference number just in case if a problem arises afterwards. It’s hard to believe isn’t it? We are not relying too much on his response that’s why I’m using this forum to find a solution. What is your opinion about all this? I really appreciated that you took some time to reply my message I am very grateful. Thanks once again.