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Exceptional Leave to Remain (ELR) not Discretionary Leave.

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

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lola88
Newly Registered
Posts: 5
Joined: Mon Sep 03, 2007 10:39 pm

Exceptional Leave to Remain (ELR) not Discretionary Leave.

Post by lola88 » Mon Sep 03, 2007 10:48 pm

Came into the UK March 2003 as asylum seeker, granted 2 years ELR until my 18 birthday, asylum refused. Send for extension of my ELR a month before the expiry, has not got any reply, though was told my ELR still valid until decision is reached.
Now more than 4 years here, my question is:
1. Can I apply for ILR? and if yes when? and under what circumstance?
or
2. Should I wait for the Legacy case exercise
Please help, really confuse.

Could you help with websites that can help.
Also anybody got any idea of the question in the legacy case questionnaire.
BIG THANKS TO ALL IN ADVANCE.

jimquk
Member
Posts: 197
Joined: Mon Jul 16, 2007 10:08 pm
Location: longsight manchester

Post by jimquk » Tue Sep 04, 2007 8:23 pm

Hi. What country are you from? There is little chance of people being returned to certain countries, so waiting for the Legacy case exercise may be a good policy. As you say, your existing leave reamins in force until a decision is made, you are allowed to work or claim benefits.

You cannot apply to be considered as a legacy case unless there are very exceptional circumstances; you will simply have to wait for your turn (could be a long wait).

As I understand it, you have no particular grounds for applying for ILR. A more realistic option might be a fresh claim for asylum using substantial new evidence that was not available at the time. Not sure how this would affect your current application and status, you need to get further advice.

For info about the legacy case exercise try
http://www.bia.homeoffice.gov.uk/applyi ... gammefaqs/

and http://www.ncadc.org.uk/archives/filed% ... gacy2.html
The Refused are coming day-by-day nearer to freedom.

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 5:43 pm
Location: London

Post by avjones » Tue Sep 04, 2007 11:47 pm

When was your 18th birthday? Where are you from?
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

lola88
Newly Registered
Posts: 5
Joined: Mon Sep 03, 2007 10:39 pm

Post by lola88 » Wed Sep 05, 2007 10:10 pm

18th birthday was november 11 2004.

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 5:43 pm
Location: London

Post by avjones » Wed Sep 05, 2007 11:03 pm

So your application has been outstanding nearly 2 years?

I'd take professional advice on this one.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

lola88
Newly Registered
Posts: 5
Joined: Mon Sep 03, 2007 10:39 pm

Post by lola88 » Fri Sep 07, 2007 7:59 am

Took professional advice, was told just wait. What do you think?

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Fri Sep 07, 2007 8:09 am

What do you think?
I think you should answer the question two different people have asked you! Which country are you from?
John

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