Discretionary Leave To Remain (Extension Due in March 2014)

dltr · Post by **dltr** » Fri Sep 13, 2013 7:25 pm

Brief History
I entered in the UK in June 2001 as a student and my wife entered in the UK in September 2001. We have three children who were born in the UK. Their year of birth are: 2002, 2003 and 2006. I got my work permit in 2004 and got immigration problem while switching work permit from one employer to another, so my work permit was refused. Then I applied for immigration on HPDL application which was kept pending. In 2008, I applied on human rights basis then we got Discretionary Leave to Remain March 2010 (for three years)

Now my two children are British as they have completed their ten years in the UK. They have British Passports.

Me, my wife and third child are going to renew our discretionary leave in March 2014.

I am sole director of two companies which are in severe loss. Therefore, I am on the following benefits.

1. Housing Benefits (£950 per month)
2. Council Tax Benefit £110 per month)
3. Child Benefits (£47 per weeks)
4. Child Tax Credit (£166 per week)
5. Working Tax Credit (£89.50 per week)

Question 1. Could these benefits can effect my extension application for discretionary leave to remain.

Question 2. Can Home Office refuse my application on the basis of these benefits.

Question 3. Can Home Office put restriction on my discretionary leave to remain for NO RECOURSE TO PUBLIC FUNDS but renew the discretionary leave to remain.

Question 4. What is the best solution do you suggestion/advise.

REMEMBERING THAT my discretionary leave to remain visa has NO restriction for 'NO Recourse to Public Funds.'

Thanks
DLTR

Post by **Amber** » Fri Sep 13, 2013 7:54 pm

No to 1-3 and 4 is extend on FLR(O) before your current leave expires. I assume you got DLR in 2011 not 2010.

dltr · Post by **dltr** » Fri Sep 13, 2013 9:31 pm

Dear Amber

Yes you are right, I got my Discretionary Leave to Remain in 2011, it was a typographical error.

I could not understand your answer properly, could you please elaborate in detail.

I shall be grateful to you.

Post by **Amber** » Fri Sep 13, 2013 10:57 pm

Q1 - no they should not
Q2 - no they should not
Q3 - no they should not
Q4 - extend on FLR(O) before your current leave expires.

dltr · Post by **dltr** » Sat Sep 14, 2013 1:19 pm

Could you please let me know that

as I have discretionary leave to remain, without any restriction on NO RECOURSE TO PUBLIC FUNDS.

I have come to know that they have recently started putting restrictions on Discretionary Leave To remain visa 'NO RECOURSE TO PUBLIC FUNDS.

Can they do that in my case. If they cannot put restriction on my DL to Remain, do you have any case law or Home Office Policy or any supporting evidence that can help me to fight my case if this happens.

Post by **Amber** » Sat Sep 14, 2013 1:41 pm

You are under the old rules thus an extension will allow access to public funds.

dltr · Post by **dltr** » Sat Sep 14, 2013 4:30 pm

Good Afternoon
Dear Amber

Many thanks for your kind advice. I shall be grateful to you if you could please provide me the link or detailed law including the section of the old rule that applies to me and my family so that I could be able to read in detail and have copy of record with me.

Further could you please advise me that I can appear for premium services or not.

Kindest regards

Post by **Amber** » Sat Sep 14, 2013 4:35 pm

See Transitional Protection (click) at 2.3.

Postal application only.

dltr · Post by **dltr** » Sat Sep 14, 2013 4:56 pm

Many thanks for you kind advice and prompt responses. Really grateful to you.

dltr · Post by **dltr** » Sat Nov 23, 2013 11:33 pm

I will be the main applicant. My wife who will be dependent on my application for extension of Discretionary Leave to remain, was bankrupt in 2012 and she has court order in this respect. My question is that will (my wife) her bankruptcy can affect or decline for extension in discretionary leave to remain or not.

I have seen on the UKBA website that I can apply on FLR (O) in person which means that I can go for extension for discretionary leave to remain in the Croydon Office, could you please tell me that am I right or not or do I need to send postal application.
Reference of UKBA website is http://www.ukba.homeoffice.gov.uk/aboutus/fees/

Post by **vinny** » Sat Nov 23, 2013 11:38 pm

What types of application can you make? wrote:Our public enquiry offices cannot consider your application if you are:

a person who has been given discretionary leave to remain or humanitarian protection;

dltr · Post by **dltr** » Sun Nov 24, 2013 12:55 pm

I will be the main applicant. My wife who will be dependent on my application for extension of Discretionary Leave to remain, was bankrupt in 2012 and she has court order in this respect. My question is that will (my wife) her bankruptcy can affect or decline for extension in discretionary leave to remain or not.

Could you please give me the reply of the above question.

dltr · Post by **dltr** » Tue Nov 26, 2013 10:45 am

I will be the main applicant. My wife who will be dependent on my application for extension of Discretionary Leave to remain, she was bankrupt in 2012 and she has court order in this respect. My question is that will (my wife) her bankruptcy can affect or decline for extension in discretionary leave to remain or not.

Dear Amber I waiting for your reply.

Post by **Amber** » Tue Nov 26, 2013 10:46 am

No it should not but it may affect naturalisation when that time comes. I would write a statement in the DLR stating that bankruptcy was due to difficult economic times and not an intention/recklessness as to not pay debts. Bankruptcy should be declared as a Civil judgement.

kew101 · Post by **kew101** » Sat Dec 07, 2013 9:08 pm

Dear Amber

Dear Amber

Wondering if you can help

I was granted Descretionary leave to remain with my wife and kids in august 2009 for two years using form FLRO and ticking box "other category" then renewed it in 2011 for a further two years and I have just renewed it now in 2013 Nov I got my biometric for a further two years using the same FLRO "OTHER" category.

I understand that there have ben some changes to DL in 2012 my issue is am I still entitled to public funds(benefits) . I have seen this post but the individual you are replying has been given 3 yrs so not sure if my 2 yrs rule would still allow access to public funds

Thank You

Post by **Amber** » Sun Dec 08, 2013 7:38 am

You'll have transitional protection thus can claim public funds, after this 2 years you'll be able to apply for ILR.

kew101 · Post by **kew101** » Mon Dec 09, 2013 4:09 pm

Thank you

kew101 · Post by **kew101** » Tue Dec 10, 2013 3:59 pm

I have been on the NHS Nursing course since Sep 2012 and receive a bursary, my bursary has now been put on hold as they say i do not qualify under the Sep 2012 rules even tho they accepted me and even continued to accepted into the socond year in May 2013 i am assuming it has to do with the new Home office rules and what can i do

Post by **Amber** » Tue Dec 10, 2013 4:05 pm

So far as I am aware, you cannot get a NHS bursary unless you are settled/have ILR.

kew101 · Post by **kew101** » Tue Dec 10, 2013 4:12 pm

Yes you are correct but that only came into effect after Sep 2012 prior to that you could with the visa i had and the issue i have is they accepted me on the course for the past two years bearing in mind they have asked for my visa twice when i have had to go over into the next academic year so that have known my status i thought they would have had a transitional protection like the home office

Post by **Amber** » Tue Dec 10, 2013 4:31 pm

This is an immigration forum and NHS bursaries fall outside the scope. I suggest you talk with the welfare officer at University.

dltr · Post by **dltr** » Tue Jan 07, 2014 5:54 pm

[quote="Amber_"]No it should not but it may affect naturalisation when that time comes. I would write a statement in the DLR stating that bankruptcy was due to difficult economic times and not an intention/recklessness as to not pay debts. Bankruptcy should be declared as a Civil judgement.[/qu[quote]

If I write the sentence in my application for extension of DLR as you suggested "bankruptcy was due to difficult economic times and not an intention/recklessness as to not pay debts. Bankruptcy should be declared as a Civil judgement." what this mean in technical terms and this sentence will impact on application.

dltr · Post by **dltr** » Tue Jan 07, 2014 5:54 pm

If I write the sentence in my application for extension of DLR as you suggested "bankruptcy was due to difficult economic times and not an intention/recklessness as to not pay debts. Bankruptcy should be declared as a Civil judgement." what this mean in technical terms and this sentence will impact on application.

Post by **Amber** » Tue Jan 07, 2014 7:02 pm

It's a civil procedure not a sentence.

dltr · Post by **dltr** » Thu Jan 09, 2014 10:50 am

Could you please me that writing the following lines 1. will have positive impact on my DLR application and how. Further 2. how it will impact on my ILR application in future (after 3 years)

If I write the sentence in my application for extension of DLR as you suggested "bankruptcy was due to difficult economic times and not an intention/recklessness as to not pay debts. Bankruptcy should be declared as a Civil judgement." what this mean in technical terms and this sentence will impact on application.

I request you to please reply soon you can as I am waiting for last 4 days

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Discretionary Leave To Remain (Extension Due in March 2014)

Discretionary Leave To Remain (Extension Due in March 2014)

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Bankruptcy

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