FLR O Application

[Brownbaby]

Hello everyone, I first entered the UK in 2006 at 15yrs 11 months to live here With my father .i came on a work permit dependent visa.from 2006-2010.wen the work permit dependant visa expired,I was given discretionary leave to remain .myself and my young sister .my father got his indefinite live to remain.the discretionary leave to remain expired 31st oct 2014. I applied to renew the discretionary leave on 1st oct 14,payment taken out 3rd oct,biometrics letter received and sent back 7th oct 14.since then I haven't had from home office .when they sent me the biometrics letter ,they was a letter saying the my application constitutes European convention on human rights.and it might take a little longer to decide .Does any one out there hav been through this or knows how long it might take for them to decide if they spoke about ECHR??????my little sister is 18 ..Sh came at 9Yrs. And she sent he appivagoon after mine .same time as me ,sh got her discretionary leave extended and I'm really worried that I haven't got nothin yet.

[riz1986]

give it few more weeks......it all depends on a caseworker hw quick he is ......u shld be okay .

[vinny]

Why didn't they grant you and your sister ILR with your father?

[Brownbaby]

We didnt get ilr because when my father applied for ilr he used set o form ..initially he put my sister en I on the form as dependants but home office wrote back to him tht he could not add us on his application. ..we had to apply independently.

[vinny]

What were his and your and you sister's status at the time?
Did he apply for ILR under Long residence or under another category?
When was this?
How old were you and your sister?

[Brownbaby]

At the time my sister and I were on a work permit dependant visa .This was in 2010.And yes he applied under the long residence.

[Brownbaby]

My circumstances have kind of changed ,Im nearly 25 (in August),I live alone and I work full time .im wondering if that's gonna affect my application .Because wen I ws granted my previous discretionary leave .I was still living at home .My little sister still lives at home with my father .Perhaps that's why they replied her quickly .

[Brownbaby]

Vinny,I ws 20 years old ,my sister was 14

[vinny]

I think that they didn't considered the implications of the rules back in 2010 or in 2011. They were correct in insisting that you and your sister apply independently from your father, as he could not include dependants in his Long residence application. However, they could have delayed your father's ILR and granted you and your sister ILR at the same time as your father under 198.

Unfortunately, this possibility was not in their guidance of 2010 and 2011 and probably nobody thought of it in this way.

[Brownbaby]

Vinny,because my circumstance have changed and I now live independently as well as work full time ....can they refuse to extend the discretionary live ??though i go home to be with my family often ..

[vinny]

If there was still a requirement of "must not be leading an independent life" for your discretionary leave, then, unfortunately, you may have problems because you are not living with your parent(s). But you may have an Article 8 claim.

Before your change of circumstances and if you still had leave as a work permit dependant, then the current rules apparently allow you to apply for ILR under 199A.

[Brownbaby]

Vinny,im a bit confused .How do i know what requirements my discretionary leave had.Im asking this because you said if my one requirements was not living an independent life ...

[Brownbaby]

Vinny,you say I may have an article 8 claim..do I stand strong chances or ???i don't on the article 8 claim .im sorry I don't much bout this staff..what article 8 claim is that ?and what does it say?

[vinny]

How long have you been in the UK and how old are you?

[Brownbaby]

I have in the UK for 9 years,im 24 years old .i will be 25 in August

[vinny]

When will you reach spending 10 years in the UK?
Did you apply independently in-time in 2010?

[Brownbaby]

No I applied with family up until now.i will reach 10 yrs next year.

[Brownbaby]

Hi Everybody, I am a 25 year old lady living independent and working as a nurse. I want to apply for ilr under set lr soon as I clock 10 years in the Uk in 4 months time.I came here in July 2006 under work permit dependant .I was 15years when I came to live my dad.The work permit dependant expired November 2010.At this point in time ,my father was due to apply for his ilr.he applied under set o together with my papers and my sisters .the home office wrote back to him that he can't include us in his set o application .he should use flr o form for us .They also refused his set o because of the amount of days he had spent out of the country .this case was heard in court and he was successful after appeal .our second application was with him through out appeal and all that .We got a residence permit in October 2011 to October 2014.which was renewed subsuquently ..and I got another residence permit from 7 Jan 2015-January 2018 .I clock 10 years in this country in June 2016 .i want to apply for ilr .However I am worried about the gap in nov 2010-Oct 2011.i was living at uni t the time and fully dependent,,,,when there was a delay in sending out papers because of wrong form firstly .secondly because of the appeal and court hearing my dad had before he got his ilr.and then we got our residence permit .do I stand a chance in getting ilr ..or this gap will cause me problems ? Thank you for your time .