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Discretionary Leave and Indefinate

Posted: Thu Aug 11, 2011 1:12 am
by awayra
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

Posted: Thu Aug 11, 2011 1:30 am
by vinny

Posted: Thu Aug 11, 2011 3:41 pm
by awayra
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??

Posted: Thu Aug 11, 2011 10:22 pm
by Greenie
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.

Posted: Mon Aug 15, 2011 10:34 pm
by Faithful
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.

Re: Discretionary Leave and Indefinate

Posted: Mon Aug 22, 2011 6:00 pm
by sheema_shah75
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)