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Discretionary leave vary? - what to do

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Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Discretionary leave vary? - what to do

Post by Zee ali » Sat Feb 01, 2014 11:01 pm

@Smir brother
keep me updating with your application and out come as i will apply flr fp in May 14.
Any new question u r most welcome to ask.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: Discretionary leave vary? - what to do

Post by smir » Mon Feb 03, 2014 2:48 pm

Jazakalkah

Btother I will keep in march inshallah


Tell me

Amber or Zee

do we need to file application ourselves or through a lawyer ?

And have keep any special docs or covering letter or just send application with passports ?
Zee ali wrote:@Smir brother
keep me updating with your application and out come as i will apply flr fp in May 14.
Any new question u r most welcome to ask.

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Discretionary leave vary? - what to do

Post by Zee ali » Sat Feb 08, 2014 4:50 am

smir wrote:Jazakalkah

Btother I will keep in march inshallah


Tell me

Amber or Zee

do we need to file application ourselves or through a lawyer ?

And have keep any special docs or covering letter or just send application with passports ?
Zee ali wrote:@Smir brother
keep me updating with your application and out come as i will apply flr fp in May 14.
Any new question u r most welcome to ask.
@smir
It's better if u apply through a lawyer. Lawyer know how to draft the covering letter and add immigration paras according to your circumstances.
one lawyer quoted me the price of 500 to 600 pounds for application
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: Discretionary leave vary? - what to do

Post by smir » Mon Feb 10, 2014 12:04 am

Thanks Brother..

I met 2-3 lawyers.. finalising soon..

But they are quoting huge amount.. Pound 1500 :evil: plus I have to add home office fees.. for three 1444 Pounds .. plus they said if appeal comes we will charge another 600 pound and when filing application for ILR 600 again.. plus homeoffice fees :cry:



And more thing.. may be its amazing fact.. one Solicitor said.. We will not send passport of you or any of your family members.. but just application with photographs.. (only one solicitor said this.. other two said.. give your life in uk test now as you will not see your passport till you get ILR.)

Comments please Zee brother


Zee ali wrote:
smir wrote:Jazakalkah

Btother I will keep in march inshallah


Tell me

Amber or Zee

do we need to file application ourselves or through a lawyer ?

And have keep any special docs or covering letter or just send application with passports ?
Zee ali wrote:@Smir brother
keep me updating with your application and out come as i will apply flr fp in May 14.
Any new question u r most welcome to ask.
@smir
It's better if u apply through a lawyer. Lawyer know how to draft the covering letter and add immigration paras according to your circumstances.
one lawyer quoted me the price of 500 to 600 pounds for application

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Discretionary leave vary? - what to do

Post by Zee ali » Mon Feb 10, 2014 12:58 am

@ smir
Don't tell me that u didn't pass your LIUK test yet.
u r dreaming to apply for ilr in 6 months times and still not yet pass LIUK.
u can't book LIUK without passport or BRP card.
i wish i could slap u on back of your head :D . Just kidding
but seriously u really made me angry.
Book your LIUK test and pass it ASAP.
which city u live in???
My lawyer is charging me 600 for initial application than 1000 for appeal. that's what he told to me.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: Discretionary leave vary? - what to do

Post by smir » Mon Feb 10, 2014 7:24 am

You can slap me as brother no worry


I have already booked LIUT and giving in coming week :P

But is that solicitor right that he will not send our passport but only application and photos ?

And inbox for me for cheap and good solicitor so that I too could save money please:)
Zee ali wrote:@ smir
Don't tell me that u didn't pass your LIUK test yet.
u r dreaming to apply for ilr in 6 months times and still not yet pass LIUK.
u can't book LIUK without passport or BRP card.
i wish i could slap u on back of your head :D . Just kidding
but seriously u really made me angry.
Book your LIUK test and pass it ASAP.
which city u live in???
My lawyer is charging me 600 for initial application than 1000 for appeal. that's what he told to me.

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: Discretionary leave vary? - what to do

Post by smir » Mon Feb 10, 2014 9:57 am

London
smir wrote:You can slap me as brother no worry


I have already booked LIUT and giving in coming week :P

But is that solicitor right that he will not send our passport but only application and photos ?

And inbox for me for cheap and good solicitor so that I too could save money please:)
Zee ali wrote:@ smir
Don't tell me that u didn't pass your LIUK test yet.
u r dreaming to apply for ilr in 6 months times and still not yet pass LIUK.
u can't book LIUK without passport or BRP card.
i wish i could slap u on back of your head :D . Just kidding
but seriously u really made me angry.
Book your LIUK test and pass it ASAP.
which city u live in???
My lawyer is charging me 600 for initial application than 1000 for appeal. that's what he told to me.

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: Discretionary leave vary? - what to do

Post by smir » Thu Feb 13, 2014 10:48 pm

tHANKS BROHTER


LIUKT

done and passed :lol:
Zee ali wrote:@ smir
Don't tell me that u didn't pass your LIUK test yet.
u r dreaming to apply for ilr in 6 months times and still not yet pass LIUK.
u can't book LIUK without passport or BRP card.
i wish i could slap u on back of your head :D . Just kidding
but seriously u really made me angry.
Book your LIUK test and pass it ASAP.
which city u live in???
My lawyer is charging me 600 for initial application than 1000 for appeal. that's what he told to me.

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Discretionary leave vary? - what to do

Post by Zee ali » Fri Feb 14, 2014 3:29 am

Congrats bro
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

silentsmile
Member
Posts: 180
Joined: Mon Jan 13, 2014 1:29 pm
United Kingdom

Re: Discretionary leave vary? - what to do

Post by silentsmile » Mon Feb 17, 2014 12:42 am

Hi smir zee amber!!!!! I hve same scenario like smir have but I never had psw I spent 9 years 3 months in uk tier 4 Alhamdulillah but now im going masters and my project and one unit left to do I dont know uni will give me extension cas letter or not im so much stress and dont know what to doo kuch bataooooo bhaioooooooo kia karooooo ..m hawa kharrab hey ... lol my visa expire 30 march 2014 itd tier 4 visa but now I dont know what should I do Either go for venture capital firm enter.visa or either go any application im sure uni will not offer me cas.now according to my time scale I hvnt completed my five years on degree level. So but still picture not clear. So smir pleaze update me what you doing and can we talk on phone its really helps I have my three dependants too.




jazakAllah for reading pleaze advice me to find thr way how can I spend my 9months to complete 10 years

asap plz I hve 5 weeks left

silentsmile
Member
Posts: 180
Joined: Mon Jan 13, 2014 1:29 pm
United Kingdom

Re: Discretionary leave vary? - what to do

Post by silentsmile » Mon Feb 17, 2014 12:53 am

Hi smir zee amber!!!!! I hve same scenario like smir have but I never had psw I spent 9 years 3 months in uk tier 4 Alhamdulillah but now im going masters and my project and one unit left to do I dont know uni will give me extension cas letter or not im so much stress and dont know what to doo kuch bataooooo bhaioooooooo kia karooooo ..m hawa kharrab hey ... lol my visa expire 30 march 2014 itd tier 4 visa but now I dont know what should I do Either go for venture capital firm enter.visa or either go any application im sure uni will not offer me cas.now according to my time scale I hvnt completed my five years on degree level. So but still picture not clear. So smir pleaze update me what you doing and can we talk on phone its really helps I have my three dependants too.




jazakAllah for reading pleaze advice me to find thr way how can I spend my 9months to complete 10 years

asap plz I hve 5 weeks left

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: Discretionary leave vary? - what to do

Post by smir » Wed Feb 26, 2014 11:28 pm

Assalam brother..

Have a look at this..

isnt it good ??

https://www.gov.uk/long-residence


READ THIS BROTHER

Exceptions
You may be able to extend your stay for another 2 years (known as ‘leave to remain’) even if you don’t meet all the eligibility requirements.

Fees

THEY ARE CLEARLY STATING THAT IF ONE DONT MEET REQUIREMENT HE OR SHE CAN APPLY TO EXTEND


Zee ali wrote:Congrats bro

silentsmile
Member
Posts: 180
Joined: Mon Jan 13, 2014 1:29 pm
United Kingdom

Re: Discretionary leave vary? - what to do

Post by silentsmile » Wed Feb 26, 2014 11:36 pm

Samir what was your case I forgot could you please tell me what is and where its mention that I can apply long resd. At this stage

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: Discretionary leave vary? - what to do

Post by smir » Wed Feb 26, 2014 11:38 pm

CLICK LINK BROTHER
faraz3430 wrote:Samir what was your case I forgot could you please tell me what is and where its mention that I can apply long resd. At this stage

silentsmile
Member
Posts: 180
Joined: Mon Jan 13, 2014 1:29 pm
United Kingdom

Re: Discretionary leave vary? - what to do

Post by silentsmile » Thu Feb 27, 2014 12:00 am

Smir bro I can see I can extend visa but I cant find how and wwhat and which way on pdf file it's saying 10 year law fully

mike2903
Newly Registered
Posts: 6
Joined: Thu Feb 27, 2014 11:37 pm

Re: Discretionary leave vary? - what to do

Post by mike2903 » Fri Feb 28, 2014 12:10 am

Amber_ wrote:Sorry, you are apply for FLR(FP) first, are you not? Who gave you this advice about invalidating your case?
hi amber
I have appleid for IDL on basis of 10 years long residence student visa BUT refused because of gaps and been given a descretionary leave on basis of family private live as my 4 children born in uk (now 11,9,7,5 years). the first 3 years descretionary leave will end december 2014 and i am wondor if i can apply for IDL straight with out extending my DL for another 3 years (is that possible).
having decided to apply for IDL i still have one gap of 31 days in 2005 is that ok or could give me refusal?
please i need your advice as SOON as POSSIBLE.
Thank you

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Discretionary leave vary? - what to do

Post by Zee ali » Fri Feb 28, 2014 12:29 am

mike2903 wrote:
Amber_ wrote:Sorry, you are apply for FLR(FP) first, are you not? Who gave you this advice about invalidating your case?
hi amber
I have appleid for IDL on basis of 10 years long residence student visa BUT refused because of gaps and been given a descretionary leave on basis of family private live as my 4 children born in uk (now 11,9,7,5 years). the first 3 years descretionary leave will end december 2014 and i am wondor if i can apply for IDL straight with out extending my DL for another 3 years (is that possible).
having decided to apply for IDL i still have one gap of 31 days in 2005 is that ok or could give me refusal?
please i need your advice as SOON as POSSIBLE.
Thank you
hi

First of all what is IDL?????

If u meant Indefinite Leave than it's bit confusing Use ILR (Indefinite Leave to Remain) for future.

Regards
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

mike2903
Newly Registered
Posts: 6
Joined: Thu Feb 27, 2014 11:37 pm

Re: Discretionary leave vary? - what to do

Post by mike2903 » Fri Feb 28, 2014 9:49 am

hi. yes i meant indefinite leave to remain sorry. so what do u think about the case please?
thanks

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Discretionary leave vary? - what to do

Post by Zee ali » Fri Feb 28, 2014 4:28 pm

hi

Your information provided is not enough u need to tell us more about your immigration history.

When u were refused ILR???


Tell us about gaps period and when they occurred?????
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

mike2903
Newly Registered
Posts: 6
Joined: Thu Feb 27, 2014 11:37 pm

Re: Discretionary leave vary? - what to do

Post by mike2903 » Fri Feb 28, 2014 9:47 pm

hi
they stated that i have gaps as following:
1- 14/05/2002 to 22/05/2002
2- 11/11/2002 to 22/004/2003
3- 24/12/2003 to 23/01/2004
4- 7/05/2005 to 5/06/2005
though i am not convienced that this is true as i did not go out of the country and most of these gaps the passports were with them> anyway now i was thinking to reapply considering that since 23/01/2004 i only have 1 gap of 30 days for my 10 years starting to count from 2004. BUT i heared that as i gone through descretionary leave you have to finish 6 years and can not jump before that; the other thing is 30 days gap considered gap (i did not go out of the country and it is only they as for some thing and provide it for them).
thanks

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Discretionary leave vary? - what to do

Post by Zee ali » Sat Mar 01, 2014 12:37 am

Hi

Do u have any out of time application???

My advice to u is request your immigration history (SAR).

Your SAR (Subject Access Report) carries all the dates when u apply and when u get the visa. And u applied in time or out of time.

When u apply a visa in time (before expiring leave) and HO let say takes 1 year to decide your application this duration does not treat as Gap or unlawful stay because u cover under s. 3c of immigration rule.

Gap means out of time application if more than 28 days than u break your continuity.

Request SAR ASAP.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

mike2903
Newly Registered
Posts: 6
Joined: Thu Feb 27, 2014 11:37 pm

Re: Discretionary leave vary? - what to do

Post by mike2903 » Tue Mar 04, 2014 4:50 pm

hi
yes i have out of date applications and the last one was june 2005 and they consider it as gap (it was 31 days) and hence they give me discretionary leave instead of indefinite leave . so coming back to my first questions:
1- can i apply for indefinite leave from he end of the first 3 years of discretionary leave(long stay 10 years) or i must finish the 6 years of dl before i apply for indefinite leave
2- if i can apply for indefinite leave, do you think 1 gap of 31 days could invalid my application and having my 2 childen had their british passports is that will make any change?
thanking you in advance
.

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Discretionary leave vary? - what to do

Post by Zee ali » Wed Mar 05, 2014 12:19 am

[quote="mike2903"]hi
yes i have out of date applications and the last one was june 2005 and they consider it as gap (it was 31 days) and hence they give me discretionary leave instead of indefinite leave . so coming back to my first questions:
1- can i apply for indefinite leave from he end of the first 3 years of discretionary leave(long stay 10 years) or i must finish the 6 years of dl before i apply for indefinite leave
2- if i can apply for indefinite leave, do you think 1 gap of 31 days could invalid my application and having my 2 childen had their british passports is that will make any change?
thanking you in advance

Hi
1.In this case count your 10 years from when u got visa after your last 31 days gap.
or after 6 years on DL which ever comes first

2.Your child British passports nothing to do with your ILR. U will qualify for ILR on your own merits,

Get a copy of your SAR.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

mike2903
Newly Registered
Posts: 6
Joined: Thu Feb 27, 2014 11:37 pm

Re: Discretionary leave vary? - what to do

Post by mike2903 » Wed Mar 05, 2014 4:57 pm

thank you very much, i will do

thamsinkumar
Junior Member
Posts: 51
Joined: Mon Oct 12, 2009 11:35 pm

Re: Discretionary leave vary? - what to do

Post by thamsinkumar » Sat Mar 15, 2014 10:58 am

Dear friends and community members

I am just 7 months short for my 10 year stay and I just have 10 days to apply too..

I was just reading this guidelines for 3C and 3D home office published yesterday on 14th March 2014

I am confused if you can help me please friends.

If I apply discretionary leave in time and my application is refused, will it trigger 3C or 3D ?
and second I know 99 percent it will be refused.. and in case I appeal and if appeal is decided before my 10 years finish and I lodge the second appeal then in that case can I vary my application ?

As guidance says that I cant vary application and also that If I want to submit new application eg. New 10 year application I need to withdraw my appeal and then submit

and in that case if I do that it will make my 3C end, and I am over stayer..

Please guide me and help me friends

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