6 Years Discretionary Leave Or 10 years Long Residence

JohnGotti · Post by **JohnGotti** » Tue Feb 23, 2010 12:09 am

I am due to apply for my ILR in couple of months, but I am not sure which category is better to use; six years of Discretionary Leave Or 10 years Long Residence. I met both requirements.

Also do you think it is better to go to the Home office in person, than posting the application?

Can someone give me some assistant!

Cheers

Post by **geriatrix** » Tue Feb 23, 2010 12:29 am

Depends on what basis you have been granted Discretionary Leave (a generic term used in special cases). Is it discretionary leave on basis of HP/ECHR/LOTR or ... ?

regards

JohnGotti · Post by **JohnGotti** » Tue Feb 23, 2010 6:47 pm

Article 8 ECHR Family Life (This was granted on the basis of my British Dad and family living in the UK).

Do u think I should go to the Home Office in person when applying?

immigrationuk2009 · Post by **immigrationuk2009** » Tue Feb 23, 2010 9:05 pm

Hi

JohnGotti wrote:Article 8 ECHR Family Life (This was granted on the basis of my British Dad and family living in the UK).

Do u think I should go to the Home Office in person when applying?

I would ask go for DL Route...As for 10 years rule you have to prove that there were no gaps in your residence in UK(not more absence from uk from limit).

As your whole family is in UK..You have good chance for ILR on DL route and as previously you been granted DL so looking easy.

UK_Banned_Member

JohnGotti · Post by **JohnGotti** » Tue Feb 23, 2010 10:44 pm

Cheers Guys continue doing the good work
I will come back and assist when my case is completed

immigrationuk2009 · Post by **immigrationuk2009** » Tue Feb 23, 2010 11:53 pm

Hi

JohnGotti wrote:Cheers Guys continue doing the good work
I will come back and assist when my case is completed

I really doubt that you can apply for ILR on DL route by person at PEO.

Normally artcile8 applications are decided by post..

So really doubt that

UK_Banned_Member

2003uk · Post by **2003uk** » Wed Mar 03, 2010 12:31 pm

does anyone know how long ILR applications under discretionary leave article 8 take. posted mine a month ago and i am begining to get the shivers.thanks

mochyn · Post by **mochyn** » Wed Mar 03, 2010 1:35 pm

2003uk wrote:does anyone know how long ILR applications under discretionary leave article 8 take. posted mine a month ago and i am begining to get the shivers.thanks

''a month ago'' you will be looking at a long wait - get comfortable

Wanderer · Post by **Wanderer** » Wed Mar 03, 2010 1:45 pm

2003uk wrote:does anyone know how long ILR applications under discretionary leave article 8 take. posted mine a month ago and i am begining to get the shivers.thanks

Three years is not unusual.....

2003uk · Post by **2003uk** » Wed Mar 03, 2010 2:11 pm

oh dear. thought this will be a straight forward case. three years will make me jump infront of a bus.

mochyn · Post by **mochyn** » Wed Mar 03, 2010 3:53 pm

[quote="2003uk"]oh dear. thought this will be a straight forward case. three years will make me jump infront of a bus

Discretionary leave to remain under article 8 is never straightforward and those knowledgeable people in this forum never advise anybody to apply under Article 8 for this very reason

immigrationuk2009 · Post by **immigrationuk2009** » Thu Mar 04, 2010 6:58 pm

Hi Mochyn

mochyn wrote:
2003uk wrote:oh dear. thought this will be a straight forward case. three years will make me jump infront of a bus

Discretionary leave to remain under article 8 is never straightforward and those knowledgeable people in this forum never advise anybody to apply under Article 8 for this very reason

This gentleman has already been granted DL on human rights...Two times

So he has a good chance for ILR on DL..

If you have no idea then better first read question asked...

He has a good chance on artcile8 and DL is best route for him.

Simple is that

UK_Banned_Member

2003uk · Post by **2003uk** » Fri Mar 05, 2010 11:00 am

thanks for the reply.well i was granted DL based on article 8. i am married to a british citizen and we have 2 kids together.my DL have been renewed twice already and on both occations, it took a month to get my passport back.
now that i am applying for ILR, i am worried that it might take a long time. this fear is based on some of the threads i have read on this forum.however it seems to me that most of the applications that are taking long are based on work permit and long residence. this is why i asked the question above.
anyway i just hope someone with some esperience on this or someone in a similar situation can let me know the processing times relating to DL on article 8 ie family life established in the uk.
thanks

kennieg · Post by **kennieg** » Tue Apr 20, 2010 12:00 am

Newbie, from ur last post u said it took HO a month to grant an extension of your DL on 2 occasions. Yes?
I applied for my first extension of DL in January 2010 (based on marriage to a british citizen), and I'm still waiting for a response from HO!
Any advice pls??

2003uk · Post by **2003uk** » Wed Apr 21, 2010 9:40 pm

it looks like the HO has no real time scales. yes my two extensions both came back after about a month. why yours is still not back, i really dont know. i can only guess that maybe they are just too busy. the time scales do not follow any pattern.non what so ever. even look at those with work permits. some are getting ilr back after a month.others are getting it back after a year and others are still waiting after 18 months. just dont know what is going on in that home office. more like HELL office.

JohnGotti · Post by **JohnGotti** » Thu May 20, 2010 11:12 pm

I went the DL route (Article 8 ) and my application took just six weeks to process.

These are the documents I supplied with the application:

Personal explanation letter
Daughterâ€™s Birth Certificate
Home Office Letters
Life in the UK test
Charity Letters
Thames Water
Bank Statements
Thames Water Bill
Employment Contract
6 P60
Council Tax Bills
Flight Tickets
6 Payslips
Photos

I hope this help

kennieg · Post by **kennieg** » Thu May 20, 2010 11:49 pm

JohnGotti....

Pls how long did the HO take to process your first extension of DLR based on article 8 .i.e. extension after the first 3yr DLR?

I applied for an extension of my 3yr DLR using form FLR O (as advised by HO) before expiry of the DLR.
January 2010, HO sent back all my documents as invalid and that I should have completed FLR M, I queried this with HO and was told by one of the telephone advisers that I had originally used the correct form FLR O and was asked to send back all my documents and the original completed FLR O form to the caseworker including a covering letter. BUT my visa had already expired in December 2009!

Till today, I've not recvd any reponse from HO...my solicitor wrote them a month ago to chase up on my application and also to confirm that I was still allowed to work while my application was pending.
It was the HO error for sending my application back as invalid!

Any advise pls??

JohnGotti · Post by **JohnGotti** » Fri May 21, 2010 12:21 am

Kenninieg

My extension took 5 weeks to be granted. Bear in mind that all individual application will have different time scale. It will depending on how straightforward your case is.

Also you can still work whiles your application is being process.

kennieg · Post by **kennieg** » Fri May 21, 2010 8:33 am

Hi JohnGotti, thanks for the response...

From my previous post, i mentioned that the HO returned my application as invalid saying that i completed the wrong form and by the time i received my documents back , my visa had already expired...

I'm currently on mat leave and my employer has terminated my contract saying they used the Employer checking service to confirm that i was still entitled to work and the response was negative!!

i guess what happened was that when i made the 2nd application it was already out of time...

my solicitor has challenged the HO about this error because i completed the correct form FLR O originally and it was made in-time"!

JohnGotti · Post by **JohnGotti** » Sat May 22, 2010 2:29 am

Sorry to about your unfortunate situation.
You should get your extension if your situation hasn't change from your privious DL.

ajmal · Post by **ajmal** » Sun Aug 22, 2010 11:17 pm

kennieg wrote:JohnGotti....

Pls how long did the HO take to process your first extension of DLR based on article 8 .i.e. extension after the first 3yr DLR?

I applied for an extension of my 3yr DLR using form FLR O (as advised by HO) before expiry of the DLR.
January 2010, HO sent back all my documents as invalid and that I should have completed FLR M, I queried this with HO and was told by one of the telephone advisers that I had originally used the correct form FLR O and was asked to send back all my documents and the original completed FLR O form to the caseworker including a covering letter. BUT my visa had already expired in December 2009!

Till today, I've not recvd any reponse from HO...my solicitor wrote them a month ago to chase up on my application and also to confirm that I was still allowed to work while my application was pending.
It was the HO error for sending my application back as invalid!

Any advise pls??

You have filled both time wrong applications. The correct application form for extension of Discretionary Leave is Form HPDL and its free to apply

kennieg · Post by **kennieg** » Sun Aug 22, 2010 11:46 pm

The correct application form for extension of DL based on marriage to a British Citizen is definitely 'FLR O form' as confirmed by UKBA.

UKBA has actually accepted their mistake of sending back my original FLR O form as invalid, though I'm still waiting for a decision on my case but they sent me a letter a few months ago to confirm I had made a 'valid in-time application' therefore I could carry on working till my application is processed.

alikhan28 · Post by **alikhan28** » Mon Aug 23, 2010 12:53 am

kennieg wrote:The correct application form for extension of DL based on marriage to a British Citizen is definitely 'FLR O form' as confirmed by UKBA.

UKBA has actually accepted their mistake of sending back my original FLR O form as invalid, though I'm still waiting for a decision on my case but they sent me a letter a few months ago to confirm I had made a 'valid in-time application' therefore I could carry on working till my application is processed.

I can confirm correct form is FLRO and if home office has accepted your application in time then you can continue working.

Remember sometimes home office accept applications but later refused without right of appeal.

Best Luck

Ali

Kitty · Post by **Kitty** » Mon Aug 23, 2010 9:56 am

kennieg wrote:The correct application form for extension of DL based on marriage to a British Citizen is definitely 'FLR O form' as confirmed by UKBA.

UKBA has actually accepted their mistake of sending back my original FLR O form as invalid, though I'm still waiting for a decision on my case but they sent me a letter a few months ago to confirm I had made a 'valid in-time application' therefore I could carry on working till my application is processed.

Good that the UKBA has acknowlegded their mistake, but what happened with your job, kennieg?

kennieg · Post by **kennieg** » Mon Aug 23, 2010 12:36 pm

Kitty,

My employment was re-instated as soon as I sent them the letter from UKBA and they also checked again with the 'Employer checking service' @ UKBA, and they confirmed that I was allowed to continue working cos I made a valid and in-time application.

So I'm back to work now but in the meantime still chasing up my application with UKBA and my MP and solicitor has also being sending them chaser letters.

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6 Years Discretionary Leave Or 10 years Long Residence

6 Years Discretionary Leave Or 10 years Long Residence

RE: DLR extension

6 years Discretionary Leave = Indefinite Leave To Remain