DISCRETIONARY LEAVE

[rrmaruti]

Hi,

This is my fiends case, He and his wife have 2 children out of which 1 is over 18 years. They were granted discretionary leaave on February 2010 for 3 years which was subsequently extended and now their visa expires on 3rd July 2016. On their last home office letter it says Discretionary Leave to Remain. My question are as under. They have completed 6 years under discretionary leave.

1) What form should they use to apply for ILR. is it form SET O or Form SET LR

2)Do they have to give Life in the Uk test and English test now or it is OK if they give before naturalisation.

3) Is it advisable to apply in 1 day

[Pillar]

1. You have to use SET(O)
SET(LR) is for Long residency applications only

2. As far as I am aware, you do not need Life in the UK test as the applicant has been granted DLR before 9 July 2012. Hence, your application will be considered under transitional arrangements.

[rrmaruti]

Thanks for your quick response. Their lawyer who had done the case she is saying they have to fill in Form LR and they have to give LIFE IN THE UK AND ENGLISH TEST before ILR application.

I had also done some research on home office website and told them that they have to fill in form SET O.

Is there any link you could tell us so I can show to their lawyer.


Thanks

[vinny]

SET(O) for non-asylum cases.

[rrmaruti]

Hi,
Can someone let us know what will the answer to this question 6.1.

6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.

My friend and his family came to UK in 01//01/2002. They got Discretionary Leave on 01/02/2010.

So what date they should write.

And also if someone can give the format of covering letter for ILR for Discretionary Leave.

Rrmaruti