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Discretionary Leave and Indefinate

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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awayra
Newbie
Posts: 30
Joined: Sat Aug 15, 2009 5:37 pm

Discretionary Leave and Indefinate

Post by awayra » Thu Aug 11, 2011 1:12 am

Hi, I need help please..

Bellow is my case...

Came in UK under student category in March 2007 since then have been living with settled UK lady, got married, have british kids now. Since came in UK have been on student visa. In 2011 applied for study extension having this in mind that after getting this visa will apply for spouse visa/settlement visa as my spouse was Indefinate leave to remain holder but rejected for the reason that college was bogus and 320 (a) clause as rejection... appealed the decision on humanitarian grounds and granted Discretionary leave to reamain for 3 years (which is just granted and valid until July 2014).

My question is please tell me if there is any chance if i can apply for ILR after completion of five years of my total stay which is March 2012. can i apply for ILR or i have to extend for another 3 years (general rule for descretionary leave holders)...

Thanks for your kind advice and help in advance..

A

vinny
Moderator
Posts: 32986
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Aug 11, 2011 1:30 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

awayra
Newbie
Posts: 30
Joined: Sat Aug 15, 2009 5:37 pm

Post by awayra » Thu Aug 11, 2011 3:41 pm

sorry i didnt get, what does that mean?

I can only apply for further 3 year extensions???? and if it is .. than what would be after six year? would that be ILR or spouse visa??

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Thu Aug 11, 2011 10:22 pm

awayra wrote:sorry i didnt get, what does that mean?

I can only apply for further 3 year extensions???? and if it is .. than what would be after six year? would that be ILR or spouse visa??
As it stands currently you need to complete 6 years discretionary leave and then you can apply for ilr.

Faithful
Newly Registered
Posts: 21
Joined: Sat Jun 12, 2010 10:54 pm

Post by Faithful » Mon Aug 15, 2011 10:34 pm

Hi, Greenie also said in my previous post that if you go to your home country,you can secure a spouses visa to return to the uk.

sheema_shah75
Newly Registered
Posts: 17
Joined: Sat Aug 06, 2011 7:25 am

Re: Discretionary Leave and Indefinate

Post by sheema_shah75 » Mon Aug 22, 2011 6:00 pm

awayra wrote:Hi, I need help please..

Bellow is my case...

Came in UK under student category in March 2007 since then have been living with settled UK lady, got married, have british kids now. Since came in UK have been on student visa. In 2011 applied for study extension having this in mind that after getting this visa will apply for spouse visa/settlement visa as my spouse was Indefinate leave to remain holder but rejected for the reason that college was bogus and 320 (a) clause as rejection... appealed the decision on humanitarian grounds and granted Discretionary leave to reamain for 3 years (which is just granted and valid until July 2014).

My question is please tell me if there is any chance if i can apply for ILR after completion of five years of my total stay which is March 2012. can i apply for ILR or i have to extend for another 3 years (general rule for descretionary leave holders)...

Thanks for your kind advice and help in advance..

A
hi awayra
i just want to ask you that you have discretionary leave, so you have allow to use public fund (jobseeker allows,housing allow,child benefit,child tax credit)

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