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If you apply for DL and a decision is not made before you reach 10 years, you are permitted to vary your application for leave to remain under long residence and thus qualify for ILR. However, if you apply and are refused, you can't vary your application and would need to submit a new application under long residence. You are not permitted to do this when you have an outstanding appeal. Obviously if you withdraw the appeal and apply you will not have valid leave under 3c and the application based on unbroken long residence will be refused. Or maybe you lawyer thinks that he can win the appeal.KC28 wrote:My lawyer is suggesting applying for Discretionary Leave based on my "Right to family and a personal life" but having read many of the posts here, I feel my case is shaky. The lawyer feels that even if refused, they can drag out appeals until Sept 2012, by which point I will be able to apply for settlement.