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I have been in the UK from September 1994...and was granted Discretionary leave from 2005-2008 and a second 3 year leave (it took 1 year to go through) from Jan 2010- 2013.
Can I apply for ILR after twice continuously receiving discretionary leave as stated above?

Do you currently hold valid leave to remain or has it expired as your post is unclear?

from Jan 2010- 2013

No those were the last official documents I recieved from the Home office.

In that time I have applied to get an Irish passport but delayed for a year due to having to get a long form birth certificate from India. I am on the Irish FBR, but without a passport, the UK gov is causing me problems and sent a letter to my work place. I must add my entire family lives in the UK, with UK passports.

So you have no legal status in the UK now?

How do you qualify for an Irish passport? Where do you live or are you based?

CR001 wrote:So you have no legal status in the UK now?

How do you qualify for an Irish passport? Where do you live or are you based?

My paternal grandmother was Irish. In 1992, my father submitted documentation to the Irish Embassy in India..and after 2 years my entire family gained Irish passports. So we moved to the UK in 1994 under Irish passports, and 2 years later the UK government claim fraud. Apparently our grandmother supposedly died at 1 year of age in Ireland. The death certificate of the 1 year old shown has the same date of birth, but not the same name as the name on the birth certificate. First name and middle name was reversed. Yet the records we showed had marriage certificate of our grandmother, her uncle's death certificate in India, even her death certificate, including a direct photocopy from the burial grounds' death records. So after years, I was granted discretionary leave, and then in 2013, I found further evidence online that actually supports my case against the Irish DFE. Travel documents by ship of my grandmother's mother along with a baby daughter and so on. Ancestry DNA tests have proved I have an Irish grandparent. So I reapplied for a copy of my Irish FBR, got it and then reapplied for an Irish passport. They asked for further documents, including the long form certificate and such..so currently that is taking a while.
I have no passport, have lived continuously in the UK for over 21 years, basically worked , paid taxes. My entire family has been granted UK passports but me. I was given discretionary leave for 6 years until 2013, so basically wondered if I would have to go down the 20 year route or can I apply for ILR straight away.
Immigration enforcement has claimed I am illegal, but my Irish FBR is still active, and I believe that it grants me Irish citizenship, even though I have no passport at the current moment. Unfortunately, currently all I have is a scan of my Irish FBR as all my documents were submitted in my Irish passport application. There doesn't seem to be a point of contact where I can discuss my case with a caseworker.

CR001 wrote:

CR001 wrote:Where do you live or are you based?

In the UK. Been here since 1994 CONTINUOUSLY!

Was just trying to confirm that you were not in the Republic of Ireland.

I think you problem now might be that you have no visa. I would suggest wait for Obie to reply, he is quite good with Irish matters.

I have emailed Mr. Charles Flanagan and recieved an acknowledgement regarding the Irish part of my case.

Meanwhile for my 20 year long stay case in the UK, I would like to contact the UKBA in regards to working. I have already submitted my application in late November, 2015.

I know I should win my case against the Irish DFA as my DNA ancestry tests prove my case, but I'm basically trying to sort my legal stay in the UK asap.

I spoke to my solicitor and she suggested I could enquire directly with the UK Home Office regarding getting back my job. I have no wish or intention to ending up on some sort of benefits or such.

Lastly, how long do straight forward cases take to be resolved?

RJ1955 wrote:My entire family has been granted UK passports but me.

On what basis did your family get British passports? I would have presumed that all of you would have gone through the same process.

You could apply for FLR(FP) on two grounds;
a) 20 years residence
b) That the rest of your family is based in the UK

However, the fact that the Home Office have accused you of fraud in the past may be a complicating factor.

Did you email Mr. Charles Flanagan in his capacity as Minister for Foreign Affairs or as a TD?

If you have been successfully added to the Foreign birth register and the issue of fraud has been resolved in your favour, then you have been living here lawfully . You are an EEA national and don't require leave. The UK was wrong to get involved, and if the Irish Government thought it was fraud, there is a process for revoking Irish citizenship or passport , which was not followed here.

If you are Irish, you cannot apply for ILR. If you had Irish passport you would have lost Indian nationality as a consequence.

You must right to the Department of Justice or contact the Irish Embassy to ascertain what's happening.

Obie wrote:If you have been successfully added to the Foreign birth register and the issue of fraud has been resolved in your favour, then you have been living here lawfully . You are an EEA national and don't require leave. The UK was wrong to get involved, and if the Irish Government thought it was fraud, there is a process for revoking Irish citizenship or passport , which was not followed here.

If you are Irish, you cannot apply for ILR. If you had Irish passport you would have lost Indian nationality as a consequence.

You must right to the Department of Justice or contact the Irish Embassy to ascertain what's happening.

I have been writing to the Irish DFE and especially it's FBR section to sort my case out. They have already proved their incompetence. For instance, on one of the grounds I was declared a fraud is that they could not locate my parents' marriage details in the state they got married in India. I had to reply that if they had actually bothered to read the document, it clearly states they were married in a different state to where they were living. I have produced my Irish grandmother's death certificate, including a photocopy from the 'death book of records', her mother's travel records by ship from the UK and all their case is based on is that they have a death certificate of a child matching my grandmother's details (ie same parents and date of birth). The twist is this death certificate has my grandmother's first name as her middle name and middle name as first name. In essence it's like stating someone named David James is James David. That is literally all they have. Yet I've produced multiple documents from churches and state governments in India, where my family moved during the British Raj, showing otherwise. Even just a look at myself and my family demonstrates that ethnically we are 'white'. One would think that genetics matched to multiple records would bring about some common sense, but I guess not.

It took them 2 years initially in the 90s before they granted my family Irish passports. I myself wasn't much involved as I was working on the oil rigs. We moved to the UK in 1994 and then suddenly out of the blue around 1996 we are accused of fraud. During that time my Irish passport was taken in (the only passport I owned) and a long case began. During that time the UK Ho granted me residence permits every 3 years, but in 2013 when that ended, I decided to retry my Irish situation (as I had managed to locate further evidence). So applied for an Irish passport (our FBRs were never revoked), and for the last two years been dealing with the Irish, they kept demanding this original certificate and that one, which was time consuming as I had no way to get to India. Once again they refused my new passport on the grounds of the birth of the other child. And meanwhile in November, the UK BA started harrassing me. I've had to take a break from my job and my solicitor advised me to apply for the 20 year long stay scheme. So this is where I am right now.

What justice department do I see? I personally think I've been screwed over, because I know for a fact that we dealt fully within the law with the Irish government and I can't seem to find any way to contact the UKBA to actually had a proper discussion of my case. It's as if they've made it only possible to be contacted through a solicitor, costing thousands of pounds.