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Discretionary Leave to Remain. #Case Complicated!

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Ashl2512
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Location: London

Discretionary Leave to Remain. #Case Complicated!

Post by Ashl2512 » Mon Oct 28, 2013 4:14 pm

Hi All,

My name is Ash.

I found this forum and it has plenty of good information hence I thought this might help me a bit. I haven't seen a case like mine before - if you have then please do give me some advice. Hopefully this will help others who are facing similar situations to mine.

I came to the UK from Madagascar with my mother at the age of 11. Unfortunately we overstayed our tourist Visa. Several years later, my mum married a man who is british(my step dad) and we happily live together.
My mum and I were given Discretionary Leave for 3 years in November 2011. We applied as me being dependent on my mum because I was 11 years old. Now, the leave is due to end next year(Nov 2014). I am no more under 18. I am currently 19 years of age. I am also working full time because the DLR permits me to do so. Will there be any problems in renewing the DLR for me? Is there anything I should do?

My statement : I have never been back home so I don't know anybody from there. My life is based in the UK now, all my family and friends are here. I can never even think of going back home - not even in my dreams. I am here and pursuing a successful career in IT. I don't want the renewal of my leave to affect anything.

I've also heard some changes in the Immigration rules, so I really don't know where I stand.

Any advice will be much appreciated!
Last edited by Ashl2512 on Mon Oct 28, 2013 4:29 pm, edited 1 time in total.

Amber
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Post by Amber » Mon Oct 28, 2013 4:22 pm

page 16 wrote:Decision makers must consider whether the circumstances prevailing at the time of the original grant of leave continue at the date of the decision. If the circumstances remain the same and the criminality thresholds do not apply, a further period of 3 years DL should normally be granted.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Ashl2512
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Posts: 3
Joined: Mon Oct 28, 2013 3:54 pm
Location: London

Post by Ashl2512 » Mon Oct 28, 2013 4:27 pm

D4109125 wrote:
page 16 wrote:Decision makers must consider whether the circumstances prevailing at the time of the original grant of leave continue at the date of the decision. If the circumstances remain the same and the criminality thresholds do not apply, a further period of 3 years DL should normally be granted.
Hi Amber
Thanks for your prompt response, I am quite confused by that statement. I mean the circumstances have changed haven't they? - I mean I am no more dependant on my mother. The leave was granted on the basis that I was dependant on my mum. I'm sorry, I'm just a little bit confused about what you had replied with.

(Although it doesn't state anywhere that I am a dependant)
#Will this be a problem? We have bills on our name. I even pay council tax to show proof we live together. We all live together.

Again, Many thanks for your reply! :D

Amber
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Post by Amber » Mon Oct 28, 2013 9:40 pm

When you submit your application explain that all your ties are in the UK and you have no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK (if that is the case).
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Ayyubi72
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Re: Discretionary Leave to Remain. #Case Complicated!

Post by Ayyubi72 » Tue Oct 29, 2013 9:12 am

Ashl2512 wrote:Hi All,

My name is Ash.

I found this forum and it has plenty of good information hence I thought this might help me a bit. I haven't seen a case like mine before - if you have then please do give me some advice. Hopefully this will help others who are facing similar situations to mine.

I came to the UK from Madagascar with my mother at the age of 11. Unfortunately we overstayed our tourist Visa. Several years later, my mum married a man who is british(my step dad) and we happily live together.
My mum and I were given Discretionary Leave for 3 years in November 2011. We applied as me being dependent on my mum because I was 11 years old. Now, the leave is due to end next year(Nov 2014). I am no more under 18. I am currently 19 years of age. I am also working full time because the DLR permits me to do so. Will there be any problems in renewing the DLR for me? Is there anything I should do?

My statement : I have never been back home so I don't know anybody from there. My life is based in the UK now, all my family and friends are here. I can never even think of going back home - not even in my dreams. I am here and pursuing a successful career in IT. I don't want the renewal of my leave to affect anything.

I've also heard some changes in the Immigration rules, so I really don't know where I stand.

Any advice will be much appreciated!
You are worrying for no reason. There are hundreds of cases like your's and its fairly routine for UKBA. They will not refuse you extension just because you are over 18 now.

Obie
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Post by Obie » Tue Oct 29, 2013 9:41 am

Notwithstanding your age, I think you will be fine.

Firstly, I believe you continue to maintain ties with your mother, which is a weighty factors notwithstanding you have now turned adult.

Furthermore you came at 11, surely you would have developed significant private life, which cannot be easily interferred with, especially when you held leave to remain in the preceding 3 years.

I think you will be fine. Make sure your renewal is sent before your leave expires.
Smooth seas do not make skilful sailors

Imshzd
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Re: Discretionary Leave to Remain. #Case Complicated!

Post by Imshzd » Tue Oct 29, 2013 3:19 pm

Ashl2512 wrote:Hi All,

My name is Ash.

I found this forum and it has plenty of good information hence I thought this might help me a bit. I haven't seen a case like mine before - if you have then please do give me some advice. Hopefully this will help others who are facing similar situations to mine.

I came to the UK from Madagascar with my mother at the age of 11. Unfortunately we overstayed our tourist Visa. Several years later, my mum married a man who is british(my step dad) and we happily live together.
My mum and I were given Discretionary Leave for 3 years in November 2011. We applied as me being dependent on my mum because I was 11 years old. Now, the leave is due to end next year(Nov 2014). I am no more under 18. I am currently 19 years of age. I am also working full time because the DLR permits me to do so. Will there be any problems in renewing the DLR for me? Is there anything I should do?

My statement : I have never been back home so I don't know anybody from there. My life is based in the UK now, all my family and friends are here. I can never even think of going back home - not even in my dreams. I am here and pursuing a successful career in IT. I don't want the renewal of my leave to affect anything.

I've also heard some changes in the Immigration rules, so I really don't know where I stand.

Any advice will be much appreciated!

If you read the letter which you received with your visa then I do believe that you will find the satisfactory answere of your question.

Ashl2512
Newly Registered
Posts: 3
Joined: Mon Oct 28, 2013 3:54 pm
Location: London

Re: Discretionary Leave to Remain. #Case Complicated!

Post by Ashl2512 » Wed Oct 30, 2013 8:36 am

Ayyubi72 wrote:
Ashl2512 wrote:Hi All,

My name is Ash.

I found this forum and it has plenty of good information hence I thought this might help me a bit. I haven't seen a case like mine before - if you have then please do give me some advice. Hopefully this will help others who are facing similar situations to mine.

I came to the UK from Madagascar with my mother at the age of 11. Unfortunately we overstayed our tourist Visa. Several years later, my mum married a man who is british(my step dad) and we happily live together.
My mum and I were given Discretionary Leave for 3 years in November 2011. We applied as me being dependent on my mum because I was 11 years old. Now, the leave is due to end next year(Nov 2014). I am no more under 18. I am currently 19 years of age. I am also working full time because the DLR permits me to do so. Will there be any problems in renewing the DLR for me? Is there anything I should do?

My statement : I have never been back home so I don't know anybody from there. My life is based in the UK now, all my family and friends are here. I can never even think of going back home - not even in my dreams. I am here and pursuing a successful career in IT. I don't want the renewal of my leave to affect anything.

I've also heard some changes in the Immigration rules, so I really don't know where I stand.

Any advice will be much appreciated!
You are worrying for no reason. There are hundreds of cases like your's and its fairly routine for UKBA. They will not refuse you extension just because you are over 18 now.
Thank you - All this makes me feel a bit lighter now! I now know where I stand.

Many thanks

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