Changing Routes.

[Amid]

Dear readers,I would be grateful if anyone can help me to understand or shed some some light on this topic. I'm about to apply for Discretionary leave or Limited leave to remain which ever one they call it now. Using form Flro, am the sole carer of my child,she's a British Citizen,am not only depending on article 8,but I will also claim access rights to live here with my child in the country of her birth. I'm an 8 years overstayer,and according to what am reading it will be at least 15-18 months maybe even 24 months before am granted. 2.5 yrs which I have to renew 4 times to complete 10yrs with out recourse to public funds,before I can apply for ILR. Now my question is by the time my application is concluded I would have or just about complete 10 long years in this country,can I then switch routes from the Limited leave to then apply for ILR? Hope am not confusing,thanks for the replies.

[Amber]

Dear readers,I would be grateful if anyone can help me to understand or shed some some light on this topic. I'm about to apply for Discretionary leave or Limited leave to remain which ever one they call it now. Using form Flro, am the sole carer of my child,she's a British Citizen,am not only depending on article 8,but I will also claim access rights to live here with my child in the country of her birth. I'm an 8 years overstayer,and according to what am reading it will be at least 15-18 months maybe even 24 months before am granted. 2.5 yrs which I have to renew 4 times to complete 10yrs with out recourse to public funds,before I can apply for ILR. Now my question is by the time my application is concluded I would have or just about complete 10 long years in this country,can I then switch routes from the Limited leave to then apply for ILR? Hope am not confusing,thanks for the replies.

A person will normally become eligible for consideration for settlement after completing 120 continuous months (10 years) of Discretionary Leave providing any application for further leave has been made in accordance with section 3C of the Immigration Act 1971 (as amended).

From 9 July 2012 Discretionary Leave must not be granted for Article 8 family or private life reasons.

Limited leave to remain on the basis of Article 8 private life in the UK may be granted for up to 30 months. An application for indefinite leave to remain on this basis can be made after holding limited leave on the basis of private life for a continuous period of 120 months.

You cannot reply on the 10 years long residence settlement as you overstayed - not legal stay. The new 10 year settlement route for family reasons is the alternative. Previously the Immigration Rules contained a provision that someone who could show they had been in the UK continuously for 14 years – including a person without any regular status – could apply for settlement (indefinite leave to remain). The new rules will require a person to have 20 years' residence.

If you can apply for discretionary leave (if you meet the criteria - not family life), then those granted Discretionary Leave have access to public funds and are entitled to work. However, I believe that now those who are granted family life leave will not have access to public funds.

See:

http://www.childrenslegalcentre.com/use ... _03_13.pdf