ILR Refused and Changed to Discretionary Leave

[mohmmad786]

Hello, I was wondering if anyone can help me please. I applied for ILR on SET(O). My wife and son are British.
The reason they have refused me is false representations. I was convicted in january 2005 for 4 month. When i was in prison i was told that after 4 years i dont have to tell anyone about my conviction. So when i made the application for ILR, i didnt mention this on the form. Today i have had a letter from home office saying that they have rejected my application for ILR and now considering it for limited leave to remain on the basis of exceptional circumstances.
"We are saisfied that it would be appropriate to grant you a further period of Discretionary Leave on the basis of continuing family life."
They are also asking for £600 immigration health surcharge. Also i am not allowed to appeal.

I might be wrong in listening to prison staff but i definitely didnt do it on purpose and i was wondering if there is anything i can do?

Thanks

[Casa]

Nothing you can do in the circumstances and prison staff aren't a reliable source for immigration advice.

Fortunately you've been granted DL outside of the Immigration Rules. I would pay the £600 NHS surcharge before the offer is withdrawn.

[mohmmad786]

It says on the letter.

"Paragraph 322 of the general grounds for refusal state that in addition to the grounds of refusal of extension of stay set out in part 2-8 of these rules, the following provisions apply in relation to the refusal of an application for leave to remain, variation of leave to enter or remain or, where appropriate, the curtailment of leave, except that only paragraph (1A), (1B), (5), (5A), (9) and (10) shall apply in the case of an application made under paragraph 1591 of these rules."

[mohmmad786]

Nothing you can do in the circumstances and prison staff aren't a reliable source for immigration advice.

Fortunately you've been granted DL outside of the Immigration Rules. I would pay the £600 NHS surcharge before the offer is withdrawn.

Thankyou for your reply. I have already paid £600 NHS surcharge but can i please ask one question. What would happen after 3 years? Can i apply for ILR after this 3 years discretionary leave is finished?

[Casa]

No, you will need 3 years x 2 applications = 6 years in total before qualifying for ILR.

[mohmmad786]

No, you will need 3 years x 2 applications = 6 years before qualifying for ILR.

Yes i have already had 2 x 3 years Discretionary leave to remain. This would be my 3rd so it would be 9 years in total.

[Casa]

My understanding is that you're another 6 year DL route to settlement.

[mohmmad786]

Would i have to go through the 6 years route Again?

[mohmmad786]

My Last BRP said Residence Permit and LEAVE TO REMAIN. Have they taken me to a different route now?

[Casa]

No, you will need 3 years x 2 applications = 6 years before qualifying for ILR.

Yes i have already had 2 x 3 years Discretionary leave to remain. This would be my 3rd so it would be 9 years in total.

From this post it appears that you have been on DL and have now been issued with the same DL category as before.

[mohmmad786]

No, you will need 3 years x 2 applications = 6 years before qualifying for ILR.

Yes i have already had 2 x 3 years Discretionary leave to remain. This would be my 3rd so it would be 9 years in total.

From this post it appears that you have been on DL and have now been issued with the same DL category as before.

I am really sorry for being annoying as i have been a mess today so my appology. Does that mean that i would be able to apply for ILR after this 3rd leave finishes.
Thankyou.

[Casa]

You're not annoying at all. If no one asked any questions, there wouldn't be a forum.

I believe you'll need another 3 year extension after this one, but standby to see if anyone has a differing opinion.

Was the first DL visa issued due to your conviction?

[abib1]

y did u go to prison? explain in detail plz

[noajthan]

y did u go to prison? explain in detail plz

Lets not go there.

[mohmmad786]

I would try and explain, i came from Pakistan to UK in 2001 on 6 month visa and became illegal. I met my wife while i was illegal and as we wanted to get married, i went to pakistan on travel documents saying that my passport is lost in 2004. I got the passport stamp in back dated to show that i was back in time and got another visa and returned in 2004.

We got married in september and i was caught selling fake dvd's in market, i was asked about the address and as my brother who was also illegal, i couldnt that address, i was charged with copyright infringement and failed to disclose material facts.

When i came out, my son was born and we wanted to apply for my visa but unfortunately the circumstances changed and my wife's health deteriorated. We went to solicitors and they said that i would have to go back to Pakistan and apply from there. My wife did not wanted me to go as we both were scared that i wouldnt be able to come back as she wasnt working at that time. We met a solicitor who said the only way to apply from here is that if i become illegal for so many years and than i would be able to apply from here.

In 2008 I applied for my visa through that route and in 2010 after more than 2 years i got my first 3 years visa, than in 2013 i got another 3 years visa.

Even in my applications for first Discretionary Leave i mentioned about me going back on travel documents and doing what i did so i did not lie in this ILR application. My wife is disabled and right now on PIP and my son has got Autism so all i want is to be able to settle and concentrate on them and this visa situation is making things worst for all of us.

[mohmmad786]

Were you granted discretionary leave to remain? For what reason were you granted leave and when?

If it was discretionary leave to remain, I.e. due to family life protection, a child. Then should you not be applying for another 3 year extension of discretionary leave if you qualify? Under the old discretionary leave you had to have 6 years leave under discretionary before you could apply for settlement.

Well my solicitor at time told me that i got the visa because of my son as my case went in the court as home office first declined to issue me a visa. The solicitor also said that i have to apply for indefinite visa after the 3 years period is over. And my understanding was that in the older system you would get one visa of 3 years and than can apply for indefinite whereas in the new system you are required to have more than 1 visa of 2 years. I would need more guidance on it.
Thanks

Under the old rules for discretionary leave you normally needed to have 6 years of discretionary leave (2 sets of 3 years) before applying for settlement. Under the new rules it is 4 sets of 2.5 years so a total of 10 years before settlement.

This was the old post if it can help.
Thankyou.

[Obie]

I remember a question where it was asked whether the person knowingly made false representation and whether the false representation was material to the application.

[mohmmad786]

I remember a question where it was asked whether the person knowingly made false representation and whether the false representation was material to the application.

Sorry, what does that mean?

[Casa]

In which case I still believe you will need to complete 6 years (3 x 3) on this DL.

[Obie]

In which case I still believe you will need to complete 6 years (3 x 3) on this DL.

It will be 10 years under new rules.

[mohmmad786]

In which case I still believe you will need to complete 6 years (3 x 3) on this DL.

So you think i would have to apply for ILR in 2022? is there any other way of applying it any earlier?

[Casa]

Wait for others better placed to advise if your have another option.

[mohmmad786]

Wait for others better placed to advise if your have another option.

Thankyou Case.

I have gone through the letter again and its says

"Reasons you would qualify for a grant of limited leave to remain

Your application has been considered for limited leave to remain on the basis of exceptional circumstances.

We are satisfied that it would be appropriate to grant you further period of Discretionary Leave on the basis of you continuing family life.

Once you have paid the immigration health surcharge, you application will be treated as a valid application for limited leave to remain and you will be granted 36 months' limited leave to remain in the UK."

I have underlined further as its home office letter which is saying it.

Thankyou

[Obie]

Did you have discretionary leave of 3 years previously.

[Casa]

Did you have discretionary leave of 3 years previously.

Obie the OP says he has just completed 6 years on discretionary leave ( 3 x 3) and has now had DL granted again following the refusal of ILR.

"In 2008 I applied for my visa through that route and in 2010 after more than 2 years i got my first 3 years visa, than in 2013 i got another 3 years visa."