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No ILR but LTR under 'Exceptional circumstances'

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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humble_1
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No ILR but LTR under 'Exceptional circumstances'

Post by humble_1 » Sat Jun 29, 2013 8:07 pm

I applied for ILR under long residency but was refused because there is a break of continuous residence period. But I was granted 30 months leave to remain under exceptional circumstances. Can anyone tell me how to apply for the extension for my dependent under this exceptional circumstances please? Thank you.

humble_1
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Post by humble_1 » Sat Jun 29, 2013 8:51 pm

Hi everybody, I've searched the UKBA website and found the form FLR(o). Can anyone confirm this is the correct form to use for my dependent please? Thank you.

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Post by Amber » Sat Jun 29, 2013 10:38 pm

humble_1 wrote:Hi everybody, I've searched the UKBA website and found the form FLR(o). Can anyone confirm this is the correct form to use for my dependent please? Thank you.
Flr(o) s the correct form to extend DLR. I assume your dependent was also previously granted DLR and the circumstances haven't changed significantly?
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humble_1
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Post by humble_1 » Sun Jun 30, 2013 1:14 am

Thank you D4109125. I supposed DLR means dependent leave to remain? Yes, there is no significant change. They joined me in the UK a few months after I arrived in the UK in 2003. They remain as my dependent until now, their dependent visa will expire end of July 2013, therefore they should apply to extend their stay.
I applied for ILR in January 2013 and just got the decision that it was refused bcos my continuous residence was broken, but was granted LTR under 'exceptional circumstances' Human Right, for 30 months. What happen after 30 months, do I have to leave the UK? Thank you.

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Post by Amber » Sun Jun 30, 2013 7:20 am

humble_1 wrote:Thank you D4109125. I supposed DLR means dependent leave to remain? Yes, there is no significant change. They joined me in the UK a few months after I arrived in the UK in 2003. They remain as my dependent until now, their dependent visa will expire end of July 2013, therefore they should apply to extend their stay.
I applied for ILR in January 2013 and just got the decision that it was refused bcos my continuous residence was broken, but was granted LTR under 'exceptional circumstances' Human Right, for 30 months. What happen after 30 months, do I have to leave the UK? Thank you.
DLR is discretionary leave to remain, what you have been granted under paragraph 353B unless it says LOTR on your visa? You will now be on a 10 year route to settlement, if you continue to get your DLR extended. You can't sponsor your partner on DLR, you'll need to see whether s(he) meets the criteria for DLR? I would assume so if they've been here as long as you. You shoud seek legal advice. When was your continuous period for Long residence broken? Was this the same for your spouse?
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Post by humble_1 » Tue Jul 02, 2013 9:38 am

Thank you. My dependent still haven't got the DLR yet. They are on student dependent visa expiring end of July 2013. The continuous residence was broken in 2009 when I applied in country to switch from dependent visa to student visa. It was refused, then my solicitor made a representation that the decision was wrong because switching is allowed during the transitionary period from the old rules to entry clearance system at that time(?). UKBA did not reply until nearly 8 months that I decided to leave the UK and apply from outside.
Now UKBA said that the period I was here while waiting for UKBA reply to the representation was unlawful(?) which I am very sure it has Sec 3C/3D in effect. I think to go for a judicial review, but that cost alot, and obviously I don't have the money for that :(
Thank you.

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Post by GodGives » Wed Jul 03, 2013 9:14 am

humble_1 wrote:Thank you. My dependent still haven't got the DLR yet. They are on student dependent visa expiring end of July 2013. The continuous residence was broken in 2009 when I applied in country to switch from dependent visa to student visa. It was refused, then my solicitor made a representation that the decision was wrong because switching is allowed during the transitionary period from the old rules to entry clearance system at that time(?). UKBA did not reply until nearly 8 months that I decided to leave the UK and apply from outside.
Now UKBA said that the period I was here while waiting for UKBA reply to the representation was unlawful(?) which I am very sure it has Sec 3C/3D in effect. I think to go for a judicial review, but that cost alot, and obviously I don't have the money for that :(
Thank you.
You would have to extend just before 30months expires. It is d 10yr route to settlement. All the best. With Ur dependant she will have to use flro or glen look at the requirements for these
Godgives

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Post by GodGives » Wed Jul 03, 2013 9:15 am

humble_1 wrote:Thank you. My dependent still haven't got the DLR yet. They are on student dependent visa expiring end of July 2013. The continuous residence was broken in 2009 when I applied in country to switch from dependent visa to student visa. It was refused, then my solicitor made a representation that the decision was wrong because switching is allowed during the transitionary period from the old rules to entry clearance system at that time(?). UKBA did not reply until nearly 8 months that I decided to leave the UK and apply from outside.
Now UKBA said that the period I was here while waiting for UKBA reply to the representation was unlawful(?) which I am very sure it has Sec 3C/3D in effect. I think to go for a judicial review, but that cost alot, and obviously I don't have the money for that :(
Thank you.
Flrm I meant
Godgives

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Post by Amber » Wed Jul 03, 2013 9:29 am

GodGives wrote:
humble_1 wrote:Thank you. My dependent still haven't got the DLR yet. They are on student dependent visa expiring end of July 2013. The continuous residence was broken in 2009 when I applied in country to switch from dependent visa to student visa. It was refused, then my solicitor made a representation that the decision was wrong because switching is allowed during the transitionary period from the old rules to entry clearance system at that time(?). UKBA did not reply until nearly 8 months that I decided to leave the UK and apply from outside.
Now UKBA said that the period I was here while waiting for UKBA reply to the representation was unlawful(?) which I am very sure it has Sec 3C/3D in effect. I think to go for a judicial review, but that cost alot, and obviously I don't have the money for that :(
Thank you.
Flrm I meant
FLR(m) is for the partner of a person settled and present in the UK.
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Post by humble_1 » Thu Jul 04, 2013 12:42 am

Thank you very much for all the kind replies. Although I didn't get the ILR but the DLR is still good enough for me. Thank you.

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