Applying ILR after Discretionary leave as dependents.

[Reeeee]

Hi 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

[osaz0062]

Hi 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

ILR, if you were given a solid 3 years DLR and you have had it twice, you are eligible for ILR

[Reeeee]

Hi thanks a lot for replying. I am a bit in doubt as the first time of DL was not three whole years. It was from 2013 to 2015. Do you think it counts as completed 6 years? I’m having sleepless nights because of that. My only hope is here.

[Reeeee]

Can someone help please

[CR001]

You need 6 years on DLR to qualify for ILR. You do not have 6 years. Your first DLR would have been issued to expire at the same time as your husband's visa. You will need to apply for a visa extension.

[Reeeee]

You need 6 years on DLR to qualify for ILR. You do not have 6 years. Your first DLR would have been issued to expire at the same time as your husband's visa. You will need to apply for a visa extension.

Have you ever had any similar case? Do you know what the outcome was?

[CMOSUK]

Hi thanks a lot for replying. I am a bit in doubt as the first time of DL was not three whole years. It was from 2013 to 2015. Do you think it counts as completed 6 years? I’m having sleepless nights because of that. My only hope is here.

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
28 days of completing you qualifying period this would then make you eligible to apply for ILR in February 2019.

As far as I can calculate, you have roughly completed only 5 years and 3 months up to the date of 8 June 2018, you have not included the full date of when in March 2013 your recieved it.

As CR001 has stated you must apply for an extension for you to complete 6 years DLR.

You need 6 years on DLR to qualify for ILR. You do not have 6 years. Your first DLR would have been issued to expire at the same time as your husband's visa. You will need to apply for a visa extension.

Have you ever had any similar case? Do you know what the outcome was?

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 although you applied in June 2012, you where granted in March 2013, it could be they have decided to grant you online with your husband.

If you do try and apply for ILR, on the balance of probabilities, you will be refused and they may grant you a further 3 year DLR, but, you will have lost your fees of £2489.00 and I believe FLR(HRO) for further grants of DLR is just under half that amount, be wary though, they could also decide to grant you under the 10 year route which will add more time for being eligible to apply for ILR.

[Reeeee]

Thanks 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.

[CMOSUK]

Thanks 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.

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.

My understanding is, if you apply for a further 3 years DLR extension you may use the fee waiver appendix 1 request form.

However expect It to take time in this regard as they will scrutinise it and then if you take into account the time it may take to process the application., there still isn't any guarantee though it will be waived.

May I also ask, do you have the no recourse to public funds condition endorsement on your BRP card or any correspondence in regards to your DLR, as those granted DLR under the old rules, had recourse to public funds, meaning they could claim it without breaching immigration conditions, although then you would have to fulfil any residential/public fund criteria for that benefit and may not receive that benefit/public fund not because of your immigration status but due to maybe not meeting that particular public funds criteria.

Also, it sounds like when they granted you the old DLR (before 9 July 2012), they took into account your application submission date and hence why they have granted you under the old rules, which is lucky for you.

Bear in mind, you will also have the IHS surcharges on top of the application fee as well to pay. Again, you should apply for an extension, and use the extra time on how to pay for the ILR application fee's, as their is no exemption in fees for that, not only that they will go up next April 2019. Again, you can apply for ILR in February 2019 onwards, and if you have another 3 years of extension can apply anytime after the grace period allowed before completing your 6 years qualifying period.

Hope this helps somewhat..

[Reeeee]

Thanks 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.

[CMOSUK]

Thanks 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.

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.

You should also read the Form T guidance also located in the same page. In regards to the call centre, they are not in my opinion fit for purpose to be 'advising' in immigration matters and to be clear they have no legal standing if you did take their advice and it is incorrect.

Further to my understanding is, as your husband may qualify for an application of ILR, you and your son still may have to complete the 6 years as children will normally follow the route of the less privelaged parent, in which case you, unless your child is registered as a British citizen based on being born in the UK, having spent 10 years in the UK and no more than 90 days absences per 10 years

Again I would seek further clarification in case I have made a mistake In my understanding.

[Reeeee]

Thanks a lot for your help.You are right home Office advisors are not reliable. We have finally decided to apply for ILR for all of us as we might be granted if we are lucky, we do not want to take the risk applying for more DL as we might miss an opportunity. Only problem is that we will have to pay the NHS surcharge so it’s gonna be £1200 for me and my son. I am on the old DL rule, that is, 3 yrs DL and can get recourse to public fund. So maybe I l will be granted another 3 years then can apply for ILR in August next year as my first DL was granted in August 2013. We were thinking applying for ILr would be the last spending we will do and can move on after that but it looks like a never ending spending. Now we need to save for the NHS surcharge and ILR next year.
Thanks a lot once more I really appreciated your help.

[Reeeee]

Hi again, I will be applying for ILR for my son next week but he will be 10 yes old in September. He was born in the uk. I wanted to know if it’s possible to vary his application into citizenship as soon as he turns 10 in September.

[CR001]

You cannot 'vary' and immigration application to a citizenship application They are two completely different sets of rules/laws and requirements.