Work Permit + Discretionary leave to remain leading to ILR

[roggiewaters]

I have an unusual query if someone could help me with

I got my work permit for 3 years in September 2008. Just before its expiration date i applied for an extension under Tier-2 rules in August 2011. This was refused based on not having appropriate salary to match my job code.

I appealed the decision and my appeal was allowed on human rights grounds at the tier-1 tribunal and i was granted a 'Discretionary leave to remain' for 3 years, starting March 2012

My question is, can i apply for ILR using a combination of time spent on Work Permit and Discretionary Leave to Remain? (5 years in September 2013)

Also there is a 6 month gap between the expiry of my Work Permit (Sept. 2011) and the issue of Discretionary Leave to Remain (March. 2012). This was caused purely by the process of appealing the decision of UKBA, going to the tribunal and then UKBA taking time to issue a discretionary visa. All my applications were made on time. Does this time gap affect me in any way?

I appreciate that this is probably a very unusual and a difficult question to answer. I have looked up at various places and tried to keep up with the ever changing UKBA rules, but the answer seems to elude me. Any help from the Gurus, Senior members, and the Users of this forum would be truly appreciated.

Thanks in advance.

[Lucapooka]

You are generally obliged to make six years of DL (from the date of its issue) before you become eligible for ILR.

Why would a T2 migrant be granted DL? Do you have any family living in the UK?

[roggiewaters]

My DL was granted on the grounds that my removal would have caused a disproportionate negative effect at my place of work.

My employer / boss had attended the tier-1 tribunal hearing and had made a compelling statement regarding his requirement of me and my skills at work. He had argued that my removal would affect his business with potential loss of work and clients.

This is the primary reason stated in the judges verdict amongst others that UKBAs statement of intent of transitional arrangements for (Work Permit to Tier-2 and also Tier 2 to Tier 2 extension) published in February 2011 said that extension cases need not require to meet the SOC salary code, however the rules that appeared in April 2011 did require meeting the new salary code. Thats where i got caught out.

As for the family question, its only me and my wife here in the UK.

I understand your point regarding (3+3) 6 years of DL before ILR, but i would have spent 10 years of lawful residence well before the 6 years. So my other question is, does my DL time count towards 10 years of lawful residence?

Thanks again.

[Lucapooka]

Yes.