what is the processing times for the DL form

[Bob44]

It's confusing i know and i have 2 friends who were granted DL following an asylum refusal in 2009 and they would be due to apply for their ILR this year but they won't and they were advised to apply a month before their 2nd DL expires of which they will have spent 7 years and it's not fair at all. I will wait and see the expiry date when they grant me my 2nd DL and i will write to them to seek further clarification on this issue.

[mkhari]

It's confusing i know and i have 2 friends who were granted DL following an asylum refusal in 2009 and they would be due to apply for their ILR this year but they won't and they were advised to apply a month before their 2nd DL expires of which they will have spent 7 years and it's not fair at all. I will wait and see the expiry date when they grant me my 2nd DL and i will write to them to seek further clarification on this issue.

Its strange please explain in detail
How did they know that they cant apply
Did they call them if call then what number
Did they write
Or solicitor said

[odat]

U can apply for ILR After 6 years on DLR. As application decision time also counts towards ILR if u apply before expiring of your last leave (DLR). Section 3c triggers and extend your last stay by the virtue of section 3c Immigration Act 1971.

if the home office rejected the application I think you can take them to the JR

I received today my passport

[fjones66947]

Hello everyone,

I have been following this post with interest for awhile and now find it imperative to also share my own experience.
I have been impressed and inspired by you all ,the support you have offered to each other is impressive and second to none,may you all continue to be a source of joy. I hope my post today will help you all answer some questions ,every information i provide here today are ones i received from my Solicitor and she happens to be one of the best in the country. She never takes a case she can't win and going by what she did on my case,she is extremely good.

I came into the country in January of 2008 on a 2 year Spouse Visa , in December of the same year i was convicted of a crime and got sent to Jail for 18 months, a couple of weeks before i was due to be released i received a letter from the Home Office saying they intend to deport me ,i immediately applied for Asylum. My Solicitor applied for bail on my behalf and i was granted , shortly after i got home from Prison i received a letter saying my Asylum application has been refused,i also received a deportation order shortly after that.

By this time i already have a daughter ,as my wife was pregnant before i went to prison ,my solicitor then proceeded to appeal my deportation order ,we went to Tribunal and a decision was made in my favour ( my solictor did the most amazing job ever,my case went from 10 percent chance to 95 percent chance ) the home office were pissed off that i got a decision to stay so they issued me a 6 months Discretionary leave. When the 6 months was about to expire i applied to have it extended ,and for 13 months i received nothing whatsoever from them ,not even an acknowledgement . No point to state here what i went through in those period, am sure you guys know..as you have all been through it yourself and some of you are still going through this. I approached my MP ,he contacted them and nothing happened ,it appears they were really pissed off at me. From my frustration i got something that became a brilliant idea , from all my years working in the HR sector i knew the complaint department of most big organisation are completely independent of the main org and because i also know by law the Home Office complaint department are required to reply to me in 21 working days ( at the time ) and in order for them to deal with my complain they will have to locate my file.

So i wrote the Home Office complaint department and in the letter i told them a relative back in my country has been diagnosed with a terminal disease ( which was true ) and they may die any moment from then and it is important that i go and pay my last respect and if i do not make that trip i will sue the Home Office for causing me untold hardship, guess what guys? it worked . Exactly 20 days after i sent the complaint i got a call from the team responsible for my case ,they apologised and stated that my application has been approved and they issued me an extension for 3 years. All together i waited 13 months between the expiration of the first 6 Months DL and the 3 years extension. My 3 years is going to expire on 2nd April this year ( 2015 ) my solicitors applied for an extension ,that was sent to the Home Office on Monday 24th of March 2015 ( 4 days ago ) and guys believe it or not i received a letter from my solicitor yesterday ( Thursday 26th of March 2015 ) the Home Office acknowledging my application and also sent me a letter to go and have my Biometrics ( which i have done today ) the also returned my Wife's and children's passports ( they are all British ) i sent those passports as part of my application.

So the main points i want to share with you guys today is this...to answer the question you all have been asking about the right time to apply for Indefinite Leave ,the answer is you can and should apply when you have already been on Discretionary Leave for 6 years ( if you got yours prior to the new rules ) According to my solicitor the rule clearly states we are eligible for Indefinite Leave after accruing 6 years of DL. There is not point in approaching the Home Office for clarification ,when my new extension comes it will be for 3 years but i would have accrued 6 years by August of 2016 and thats exactly when my solicitor will apply for my Indefinite Leave. You guys should know that a lot of the Home Office workers are clueless and don't know the rules..they sometime have to be told what to do. I believe for all you who have extensions that goes beyond their Indefinite Leave due dates ,you should apply when you have been on DL for 6 years.


I hope i have been able to add some useful infos to what you guys have already shared. If anyone needs any more info i am available to give it as best as i can. Good evening guys.

[Bob44]

Thanks Odat and Jones for the clarification it gives hope really

[mkhari]

Agreed odat and fjones and thanks for helpfull information

[fjones66947]

Hello Guys,

Following up from my message yesterday ,i will also like to add that as a holder of Discretionary Leave to Remain you are allowed to travel outside the United Kingdom .
Since my last issuance of 3 years ,i have been to my country 12 times and never had any problem when returning to the UK.

Though i have been asked a couple of times if my circumstances remains the same , i also noticed most of them do not know about Discretionary Leave ,as they couldn't understand why the leave is limited ,had to take it upon myself to explain to them on both Occassion.

Hope this helps.

[mkhari]

If all success applicant who received DLR extension can please briefly tell what sort of documents the submitted
I submiteed everything even ESOL entry level 3
life in the uk English test
all utility bills
community letters
Bank staments

[fjones66947]

If all success applicant who received DLR extension can please briefly tell what sort of documents the submitted
I submiteed everything even ESOL entry level 3
life in the uk English test
all utility bills
community letters
Bank staments

Here is a list of documents my solicitors asked me to provide and i provided virtually everything on the list ( with the exception of the ones that don't apply to me )


1. Two unseparated recent passport sized photographs of yourself;
2. Your Passports (current and expired);
3. Your Biometric Residence permit, if applicable;
4. Your wife’s passport;
5. Your children’s passports;
6. Full birth certificate of your children;
7. Your Marriage certificate;
8. Evidence of cohabitation with your wife and children. This should cover the past there years and can be in the form of letters from the GP or hospitals, Utility bills, banks statements, letters from the school etc. The letters can be address to you and your wife in joint name or to you, your wife and your children individually but must show the same address. We will need at least 1 item addressed to each family member for each month in the past 3 years;
9. Evidence of your wife’s employment in the form of P60, payslips and contract of employment;
10. Evidence of your employment;
11. Your bank statement for the past 12 months;
12. Your wife’s banks statement for the past 12 months;
13. Further photographs of the family together;
14. Proof of your children’s enrolment in school;
15. Letters in support from family and friends detailing how they know you, when they met your wife, how often they saw you together, etc. These should be signed and dated and accompanied with a copy of the person’s photo ID (for example photo page of their passport, and visa if they are not British or European; if abroad, copy of the photo page only). I am happy to check drafts, which can be emailed to me.

[mkhari]

Brilliant
Almost 90%same sort of documents I submitted
additional
Life in the uk
Esol entry level 3
Communitry about 20 letters etc
its 1.60kg my bundle

[odat]

Brilliant
Almost 90%same sort of documents I submitted
additional
Life in the uk
Esol entry level 3
Communitry about 20 letters etc
its 1.60kg my bundle

i just submit my passport and marriage Certificate and my p60
and in the end they ask me to submit evidence of my relationship so i idid submit photos and council tax bill
and 10 days later i got my 2 dlr

[africangirl]

@fjones

Are you sure if you have failed asylum and get DL for 3 yrs you will be allowed to go back to your home country.

I remember my lawyer when i received my first DL she says i was not allowed to travel back to my home country even on the papers they stated that you are not allowed to travel back.

Any one have travelled back to their home country please help with this matter.

[fjones66947]

@fjones

Are you sure if you have failed asylum and get DL for 3 yrs you will be allowed to go back to your home country.

I remember my lawyer when i received my first DL she says i was not allowed to travel back to my home country even on the papers they stated that you are not allowed to travel back.

Any one have travelled back to their home country please help with this matter.

@ African girl , from my own personal experience i am 100 percent sure you can go back to your country , i have been 12 times since my first grant of DL .
You were most likely granted discretionary leave under Article 8 ,here is an home office guidance on discretionary leave below.


 A person granted Discretionary Leave will normally be expected to keep their own national
passport valid. This is because we will usually not have accepted that a person has a fear of
return to their own country or a fear of their own authorities and will have granted DL for
reasons other than protection.

 However, a person who has DL following an unsuccessful application for asylum may apply
for a Home Office Certificate of Travel (COT) on the appropriate application form and
payment of the correct fee. Applicants must normally show that they have been formally and
unreasonably refused a national passport. Where the applicant has ILR, the COT will usually
be valid for 5 years. Otherwise it will usually expire when the holder‟s current leave to enter
or remain expires.


In order for them to grant you DL after failed asylum application they simply did not accept you have a well founded fear of returning to your country. So they expect you would have a national passport and if you don't you will have to prove to them that your country did not issue you one.
I will keep searching for policies on this..but i applied and got refused asylum before getting my DL and i have travelled 12 times to my country. Last time i travelled was in Feb of this year.

[ArtMag]

Fjones, thank you very much for your contribution.

@african girl, i have the same circumstances, I have also been back to my country twice and never got any problem on return.

[fjones66947]

Fjones, thank you very much for your contribution.

@african girl, i have the same circumstances, I have also been back to my country twice and never got any problem on return.

@ ArtMag ( you are most welcome ) Below is the Home Office policy on curtailment of leave. This should answer the question once and for all.Take note of the highlighted text.


5 Curtailing Discretionary Leave
A grant of Discretionary Leave will not normally be actively reviewed during its currency. This
section sets out the circumstances when consideration should be given to ending such leave.
For further guidance refer to „Curtailment of leave‟.

5.1 Voluntary actions leading to curtailment
 It will not usually be appropriate to curtail a person‟s leave simply because they have
returned to their own country or have travelled on their own national passport (people
granted DL will normally be expected to keep their own national passport valid). This is
because we will not have accepted that a person has a well founded fear of return to their
own country and will have been granted DL for reasons other than protection.

 There may be some occasions where leave should be curtailed because an individual has
demonstrated by their own actions that the reasons for which they were granted DL no longer
persist: for example if their medical condition improves.

[Ebosiam]

Hi guys

I'm still waiting for the BRP card does any one know how long it takes to come throw I went the post office on 16/03/2015 to Do BRP and I'm still waiting.

Thanks

[africangirl]

Hi All

Thank you guys i did not know that you are allowed to travel back to your home country and that there is a policy that says you are allowed to go back.

So since we were refused asylum so on what grounds did we receive our stay is it humanitarian or just compassionate grounds.

I will also consult my lawyer and see what she says too.

[odat]

Hi All

Thank you guys i did not know that you are allowed to travel back to your home country and that there is a policy that says you are allowed to go back.

So since we were refused asylum so on what grounds did we receive our stay is it humanitarian or just compassionate grounds.

I will also consult my lawyer and see what she says too.

on the document you received what did they said about the traveling abroad ?

on my document they said :
you may travel out of the common travel area any number of time during the validity of the leave you have been granted. the common travel area comprises the united kingdom, the channel islands, the isle of man and the republic of Ireland . on your return, you will be re-admitted to the united kingdom without having to obtain fresh leave to enter unless.

1- you have been absent from the united kingdom for a continuous period of more then tow years, or

2- you are seeking admission for different purpose from the one for which this leave has been granted



nevertheless, an immigration officer or secretary of state may carry out an investigation into your circumstances upon your return to the united kingdom, in order to determine whether or not the leave you have been granted should be varied or cancelled

[africangirl]

@odat

Mine says the same too about travelling abroad.

It did not mention anything about travelling back to your home country.

@odat have you been back to your home country ?

[odat]

@odat

Mine says the same too about travelling abroad.

It did not mention anything about travelling back to your home country.

@odat have you been back to your home country ?

no I haven't because im not sure about back to my home country

[fjones66947]

Hi All

Thank you guys i did not know that you are allowed to travel back to your home country and that there is a policy that says you are allowed to go back.

So since we were refused asylum so on what grounds did we receive our stay is it humanitarian or just compassionate grounds.

I will also consult my lawyer and see what she says too.

on the document you received what did they said about the traveling abroad ?

on my document they said :
you may travel out of the common travel area any number of time during the validity of the leave you have been granted. the common travel area comprises the united kingdom, the channel islands, the isle of man and the republic of Ireland . on your return, you will be re-admitted to the united kingdom without having to obtain fresh leave to enter unless.

1- you have been absent from the united kingdom for a continuous period of more then tow years, or

2- you are seeking admission for different purpose from the one for which this leave has been granted



nevertheless, an immigration officer or secretary of state may carry out an investigation into your circumstances upon your return to the united kingdom, in order to determine whether or not the leave you have been granted should be varied or cancelled

@Africangirl. The link below will take you to the Home Office policy on DL , it has everything there is to know about it.

https://www.gov.uk/government/uploads/s ... yleave.pdf

[Ebosiam]

Hi guys

I get my BRP card today.

Africangirl yes you are allowed to travel back to your country any number of time a friend of mine been back to his country 2 time and he had no problems any where either there or here.

Thanks

[DLR-Londoner]

Hi there,
Just wanna add from the Deewani's post...

1. 6 years qualifying periods: Yes, if the DLR was granted before 9 July 2012 in the formula 3 years + 3 years...they seems to include the time while we're waiting for the decision of the extension period if we applied before the original grant expired...(nice for me as I waited in total of 18 months! hopefully I could apply in next 18 months!)

https://www.whatdotheyknow.com/request/ ... iod_for_dl

https://www.whatdotheyknow.com/request/ ... o_remain_2

2. the form wise. If you were granted by other reasons than asylum/HP...yes, you have to use the set [o] form which I am assuming you previously used FLR [O] for your extension with the fees attached. My solicitor told me people who used FLR [O] form tended to receive their extension quicker than asylum route.

However, like my case & other friends here, we were granted DLR before 2012 because of refusal of asylum claim. I used DL/HP form (which now DL form https://www.gov.uk/government/uploads/s ... _04-14.pdf, see on the first page), we have to use the same DL form for ILR with no fees attached, but God knows how long for the decision for the ILR. That why I try to live my life & ignore this stupid waiting game.

You can find further info on UKBA's APPU Guidance under Transitional Arrangements
https://www.gov.uk/government/uploads/s ... uto,51,787

Hope these clarify things for us.

xx

Hi Folks
Seems people here ignored my earlier post anywho, I got my BRP card today from my solicitor...OLCU 21, strangely speedy for some strange reason...

a. got the letter dated 12 Mar 2015 to get photo taken at post office but my solicitor received the letter on Fri 13!
b. Photo taken on 17 Mar 2015
c. Fri 27 Mar, the BRP card was sent to my solicitor and I was picking up today. [only 8 working days!]

As the fellows are discussing here...

a. Travelling aboard: If you were granted "asylum" - refugee, you are totally banned to go back to your country unless never want to come back to the UK again...this reflects on the convention travel document, you will "loose" you refugee status that you previously successfully claimed,

As for the DLR-er, the travelling abroad is, of course, allowed, you guys probably can see it from the letter attached with decision letter. However, travelling back to you own country, it'll be depending on the condition of your grant. For example, when you claimed asylum you said that you feared for going back to your country for whatever reason and the HO at that time refused to granted you asylum...neither "refugee" nor "humanitarian" but maybe you had a strong tide with the UK or any other Article 8 reasons then the HO may have granted you or was forced by court to grant you with DL, then by the time you got your grant, you now wanted to go back?...it's very questionable, isn't it?

My solicitor & I have discussed about this, the point is...if situation is similar to the above example, practically, there's no one to stop you if you go back to visit your own country that you had previously claimed that you feared of going. The UKBA would defo let you come back in as you still got your valid DLR, but when the time comes to the extension esp. when you apply for ILR, the UKBA might look into this. You will have to have a good reason, plus evidence to show them why...otherwise it's high chance of thing getting more complicated & nasty...you prob can see on the DL form when they are asking about your "travelling abroad" section.

b. As for application for ILR, similar to my ignored post & odat has graciously added here re. Section 3C, Imm.Act 1971. The waiting time for the decision for intime application is counted! (this is only for those who applied/were granted the leave before 8 July 2012 in the formular of 3 x 3). My solicitor has successfully submitted for other clients of her. So today she told me that we could prepare the application for ILR by september 2016 as I was originally granted in September 2010.

sorry for long post & hope someone read my post & find useful

[ArtMag]

Thank You DLR-Londoner.
I went back to my home country after asylum refusal, but I believe I had a good reason......am still to get an extension, 18 months, still waiting....maybe because of the point you make.
Also I was cheeky enough to apply for ILR instead of extension after my first 3 year dl......

[shanda84]

Hi...I received Biometric enrollment letter ASL 4501 and my dependants ASL 4503. Does it signify anything, as I can see it was mentioned in previous post by Odat and Africangirl. Or its just a routine letter code.