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Discretionary leave - what to do

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Post by Amber » Thu Dec 26, 2013 1:42 am

You cannot apply for set(m) if you've not had leave as a spouse. Has your spouse had leave as a spouse or just flr(o)?
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Post by geemo » Thu Dec 26, 2013 8:59 am

Amber_ wrote:You cannot apply for set(m) if you've not had leave as a spouse. Has your spouse had leave as a spouse or just flr(o)?
She was given Discretionary Leave to remain after we applied with FLR(O).
What about SET(O)? Is this route possible?

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Post by Amber » Thu Dec 26, 2013 10:09 am

6 years DLR then settlement if never had spouse leave it 10 years long residence whichever comes first.
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Post by geemo » Thu Dec 26, 2013 10:30 am

Amber_ wrote:6 years DLR then settlement if never had spouse leave it 10 years long residence whichever comes first.
One bit of information I didn't provide is that she came as a visitor in 1997, which is why she was advised to apply for flro and was granted DL. Surely she can get settlement now that I am a BC ??? Oh we have been married since 2006 and have 2 children who are just under 6 years old and are also both BC.

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Post by Amber » Thu Dec 26, 2013 3:25 pm

When was she granted DLR?
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Post by geemo » Thu Dec 26, 2013 4:22 pm

Amber_ wrote:When was she granted DLR?
06/2011

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Post by Amber » Thu Dec 26, 2013 6:08 pm

Then 6 years DLR so an extension needed next year and settle in 2017 subject to meeting KoLL. Doesn't matter that you're British, though will allow your spouse to naturalise as soon as she is settled.
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Post by geemo » Thu Dec 26, 2013 8:40 pm

Amber_ wrote:Then 6 years DLR so an extension needed next year and settle in 2017 subject to meeting KoLL. Doesn't matter that you're British, though will allow your spouse to naturalise as soon as she is settled.
Thanks Amber_

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Re: Discretionary leave - what to do

Post by geemo » Wed Jan 01, 2014 9:09 pm

geemo wrote:
Amber_ wrote:Then 6 years DLR so an extension needed next year and settle in 2017 subject to meeting KoLL. Doesn't matter that you're British, though will allow your spouse to naturalise as soon as she is settled.


Thanks Amber_
Hi Amber_
What about the following



Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom

287 (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or

__(b) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of a person present and settled in the United Kingdom; or

__(c) was admitted to the United Kingdom in accordance with leave granted under paragraph 282(c) of these rules; and

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or

__(e) the applicant was admitted to the UK or given an extension of stay as the unmarried or same-sex partner of a Relevant Points Based System Migrant; and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of the person who is now present and settled in the UK; or

__(f) the applicant was admitted into the UK in accordance with paragraph 319L and has completed a period of 2 years limited leave as the spouse or civil partner of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the spouse or civil partner of a former refugee or beneficiary of humanitarian protection who is now a British Citizen.

(ii) the applicant is still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join and the marriage or civil partnership is subsisting; and

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and

(vii) the applicant does not fall for refusal under the general grounds for refusal.

(b) The requirements for indefinite leave to remain for the bereaved spouse or civil partner of a person who was present and settled in the United Kingdom are that:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom in accordance with paragraphs 281 to 286 of these Rules; or;

__(b) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the unmarried or same-sex partner of a person present and settled in the United Kingdom in accordance with paragraphs 295AA to 295F of these Rules and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join; and

(ii) the person whom the applicant was admitted or granted an extension of stay to join died during that period; and

(iii) the applicant was still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join at the time of the death; and

(iv) each of the parties intended to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership was subsisting at the time of the death; and

(v) the applicant does not fall for refusal under the general grounds for refusal.

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Re: Discretionary leave - what to do

Post by geemo » Wed Jan 01, 2014 9:19 pm

geemo wrote:
geemo wrote:
Amber_ wrote:Then 6 years DLR so an extension needed next year and settle in 2017 subject to meeting KoLL. Doesn't matter that you're British, though will allow your spouse to naturalise as soon as she is settled.


Thanks Amber_
Hi Amber_

I also found this but I have to be honest I dont fully understand the whole gist but it suggest that after a two year period a partner of someone settled in the UK can apply for ILR.

http://www.freemovement.org.uk/2010/12/ ... r-spouses/
Last edited by geemo on Fri Jan 10, 2014 10:21 pm, edited 1 time in total.

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Re: Discretionary leave - what to do Update

Post by jsnetman » Fri Jan 10, 2014 9:48 am

Received the bio-metric residence card this morning, letter that came with it stated a decision had been reached and documents are being returned, am I being presumptuous to presume that if they have given the residence card that would mean they have granted indefinite leave?

Got the letter about an hour later with ILR confirmed :) happy days for my wife and no more bleeding money to the immigration ppl, well except for citizenship that is.

Thanks very much to everyone who has offered advice and communicated.

Regards

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Re: Discretionary leave - what to do

Post by Ket » Sun Jan 12, 2014 8:28 pm

Hi. I need help on which application to use for extension of Discretionary Leave To Remain. I got Discretionary Leave To Remain visas as a result of Human Rights article 8. My application was for Indefinite Leave To Remain (SET M Form). As this application was not made in time because the wrong form was submitted, I was refused ILR and got an appeal. I won my case in upper tribunal and was issued Discretionary Leave To Remain Visas valid for 3 years. I have to apply extension for another 3 years. What form do I have to submit? Is it form DL or FLR(O)?

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Re: Discretionary leave - what to do

Post by Amber » Sun Jan 12, 2014 9:26 pm

Congratulations jsnetman that's great news.

Ket, FLR(O)/FLR(FP). Have you had spouse leave/FLR(M) before?
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Re: Discretionary leave - what to do

Post by geemo » Sun Jan 12, 2014 9:30 pm

Amber_ wrote:Congratulations jsnetman that's great news.

Ket, FLR(O)/FLR(FP). Have you had spouse leave/FLR(M) before?
Whats the difference between FLR(O) and FLR(FP)?? I mean why use one over the other?

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Re: Discretionary leave - what to do

Post by Amber » Sun Jan 12, 2014 9:35 pm

FLR(O) has been phased out for family/private life applications under the new rules. Being replaced with FLR(FP).
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Re: Discretionary leave - what to do

Post by Ket » Mon Jan 13, 2014 8:41 am

[quote="Amber_"]Congratulations jsnetman that's great news.

Ket, FLR(O)/FLR(FP). Have you had spouse leave/FLR(M) before?[/quote]

I came here on spouse visa and my marriage broke down during my leave to remain due to domestic violence. Before my visas expired, I applied for ILR on Set (M) form and it was returned invalid. I got an appeal in upper tribunal which I won based on Article 8 Human Rights. I was given discretionary leave to remain visas for 3 years. Which form do I have to use for extension of Discretionary Leave To Remain? Thanks.

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Re: Discretionary leave - what to do

Post by Amber » Mon Jan 13, 2014 10:19 am

If you were subject to domestic abuse, you should have applied for SET(DV) not SET(M).

I believe the old DLR will still need to be extended on FLR(O).
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Re: Discretionary leave - what to do

Post by Ket » Mon Jan 13, 2014 8:46 pm

[quote="Amber_"]If you were subject to domestic abuse, you should have applied for [url=http://www.ukba.homeoffice.gov.uk/sitec ... m04091.pdf]SET(DV)[/url] not SET(M).

I believe the old DLR will still need to be extended on FLR(O).[/quote]

By the time UKBA got back to saying that I have submitted the wrong form, my leave to remain had expired. They advised me that I should submit form (DV) which I did. I managed to get an appeal in upper tribunal which I won and was issued Discretionary Leave To Remain. I have never used form FLR(O). What do form do I need to use to extend DLR visas? Thanks.

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Re: Discretionary leave - what to do

Post by Amber » Mon Jan 13, 2014 9:04 pm

FLR(O).
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Re: Discretionary leave - what to do

Post by Ket » Mon Jan 13, 2014 9:11 pm

[quote="Amber_"]FLR(O).[/quote]

Thanks. just to let you know I have been in the UK for 5 years. Its not FLR(FP) right?

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Re: Discretionary leave - what to do

Post by Amber » Tue Jan 21, 2014 10:28 am

Naveed583 is there any update on your case?
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Re: Discretionary leave - what to do

Post by Frankie7 » Thu Jan 30, 2014 5:48 pm

Hi , my Mrs got her ILR today , similar situitaion to Naveed and Jsnetman. Took a full 3 months door to door.

http://www.immigrationboards.com/immigr ... 60-40.html


thanks All.

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Re: Discretionary leave - what to do

Post by Amber » Thu Jan 30, 2014 9:21 pm

Congratulations Frankie.
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Re: Discretionary leave - what to do

Post by Naveed583 » Wed Feb 12, 2014 10:37 am

Hi there
I have received a Acknowledgement letter from UKBA today
A biometric Residence Permit (BRP) will be sent to you under separate cover. If you have not already received it it should reach you shortly. You should receive your permit within 7working days

DOES THIS MEAN I HAVE GRANTED IRL
Thanks
Nav

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Re: Discretionary leave - what to do

Post by Amber » Wed Feb 12, 2014 1:24 pm

Yes.
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