Indefinite Leave to Remain - Question about length of stay

[malikhervas]

Hi all,

I'm supporting a younger sibling in the process of putting together an application for his Indefinite Leave to remain but I have a question about the required length of stay and if he's eligible to apply yet.

Born December 1992, he was first brought into the UK by our parents at the age of 11 (August 2004) on a 6 month C-Visit Visa (Valid from April till November), the 6 month lapsed but no application was made for the visa to be renewed at which point he was already placed in a secondary school.

Not until March 2010, few months after his 17th birthday an application was put in for Leave to Remain based on father's British Citizenship status and it being exceptional circumstances, this was obviously not a straightforward case as he was an overstayer but he was granted Limited Leave to Remain in June 2010. It was granted as Discretional leave to remain for three years. At this point, he was studying his studied A-levels.

That is the background, question is, can he apply for ILR after when the 3 years or does he have to wait for another three years? The form DL refers to eligibility to apply for ILR only after six years of stay. He's overstayed for nearly six years! Not by choice but because of parental issues (separated and subsequently back together again) and application not being made. He's not left the UK since entering and was brought in under-age, no civil or criminal offences. He's currently a university student and will like to join the Royal Air Force on completion but for that he needs to be a British citizen which is why he'd like to get the ILR as soon as possible.

One thing I've also noticed on the Form DL is that it appears to be for applicants that unsuccessfully seeked asylum and were granted Discretional leave to remain.

Any advice would be appreciated please.

Many thanks,

Malik

[malikhervas]

Also, is the Form DL the correct form in this case please?

Many thanks