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ILR based on discretionary leave of 6 years.

Posted: Thu Sep 18, 2014 3:00 am
by Sannadx
Hi Everyone,
My boyfriend was granted his first discretionary leave on 22/07/2008. He applied for an extension on before his leave expired in June 2011. Home office afterwards sent him an application to fill in under humanitarian protection to settle indefinitely in UK. As seem it was confusing and later they respond that it was not the right application for him and asked to fill a new FLR application. This process took a long time with many letters exchanging between home office and MP. He submitted the 2nd FLR in Sep 2012, soon was granted the extension in Dec, 2012 until 2015.

As he has already lived in UK more than six years since he was first granted discretionary leave, we want to confirm can he apply for ILR now. We seek advice from few solicitors, all seem to be confusing us. One said it depends on the application he made for extension. We are very frustrated and tired of this matter now. My visa is expiring next year and we want to get married.

Is he eligible for his ILR application now considering he has lived 6 years of residency in UK under discretionary leave? Urgent respond would be appreciated.

Thank you.

Re: ILR based on discretionary leave of 6 years.

Posted: Thu Sep 18, 2014 6:25 am
by Amber
From 28 days before 22/07/2013 you could argue insofar as the 2 NHS application was in time and extended under 3C.

Re: ILR based on discretionary leave of 6 years.

Posted: Thu Sep 18, 2014 3:05 pm
by Sannadx
Thanks Amber... He is taking LIUK test, will apply after.

Re: ILR based on discretionary leave of 6 years.

Posted: Mon Sep 22, 2014 6:49 am
by Amber
Don't need LIUK or B1 English.

Re: ILR based on discretionary leave of 6 years.

Posted: Tue Sep 23, 2014 6:36 pm
by Abdulhadi
Hi,

I have been granted Discretionary leave to remain in july 2009 for 3 years and got extended in march 2013 for another 3 years (outside immigration rules).

do i need to pass ESOL B1 Exam, i have done life in the uk test.

can i do my own business?

am due to applying SET(O) in july 2015.

can any one please reply to above my queries

Many Thanks

Re: ILR based on discretionary leave of 6 years.

Posted: Tue Sep 23, 2014 10:45 pm
by Obie
Under current policy, you dont , but one cannot guarantee that this policy will be in place until next year july.

It may well be.

Re: ILR based on discretionary leave of 6 years.

Posted: Wed Sep 24, 2014 1:00 pm
by Abdulhadi
many thanks obie

Re: ILR based on discretionary leave of 6 years.

Posted: Wed Oct 01, 2014 7:42 pm
by Sannadx
Hi Amber,

He doesn't need to do LIUK? Do you think he will need a solicitor? We are fine to fill the application, but bit concerned with the cover letter?
Can we not write simply explaining his history and dates of visas obtained? Does it have to be explaining laws under what he is qualified?

Re: ILR based on discretionary leave of 6 years.

Posted: Wed Oct 01, 2014 7:44 pm
by Sannadx
Hi Obie,

Could you please give me some advice in our case and your opinion? To comfirm his completion of eligible 6 years lived under DLR.