ELR + DLR = ILR

[Rozen]

Could someone kindly add their comments or advice to this dilemma??? Here is the situation...

Lucy initially came to the UK on a Visitor visa in 2001, but exceptional personal circumstances prevented her from returning to her home country, and she applied for FLR before her Visitor visa expired. She was granted Exceptional Leave to Remain on compassionate grounds in October 2002 up to October 2003. She was further granted Discretionary Leave to Remain (outside the rules) from January 2004 to January 2007. She has now been granted a further DLR up to 2010! After which she has been told she can apply for Indefinite Leave to Remain.

Now the problem is this: Lucy feels cheated out of applying for ILR in October 2007. This is because, according to Chapter 11 of the API (Asylum Policy Instructions/October 2006) under the heading TRANSITIONAL ARRANGEMENTS, the last sentence reads as follows:

"Periods spent on Exceptional Leave will count towards the six or ten years qualifying period for settlement applicable to those with Discretionary Leave." It seems that in this case, the HO has ignored/overlooked this fact, bearing in mind that Lucy did have that one year ELR from 2002 to 2003. It must also be emphasised that she has not been an overstayer at any point, nor committed any crime.

Lucy feels that if anything, the HO could have extended her DLR by anything up to one year (not THREE), to bring her to that six years aggregate, to be able to apply for ILR end 2007 (not 2010). Should she appeal the HO decision, or just go on to apply for ILR at the end of the 'real' six years, but use a solicitor to explain her case? Keeping in mind that it would be a waste of £750 to have it refused, or even worse, she fears HO may hold onto her passport until 2010!

Any takers??????

[jes2jes]

Rozen:
The policy can be unfair sometimes but don't you believe that, Lucy amongst the 1000's of people in the world is fortunate and blessed?

The HO in the initial application for FLR could have refused her the LTR and there was nothing she could have done about it. She is priviledge to have that and I do not believe the ILR she wants now is a 'Right' but rather a priviledge extended to her by the British Govt.

I think she should just move on with her life and wait until the next three years and apply for ILR. I believe the CW granted further 3 years under discretion and if she feels cheated, then she can appeal through a solicitor against the decision. Funny enough, the Law 'works' in the UK so she would get fair treatment.

My sympathies to Lucy for whatever exceptional circumstances that caused her not to return to the home country. All the best to her.

[Rozen]

Thanks for that jes2jes.

Personally, I also think that Lucy should count herself lucky and not bother with appealing. The way I see it, it's not worth the hustle. But it was worth hearing other people's take on this. So thank you.