Discretionary leave - what to do

[Naveed583]

First of Thanks every one
I have spoke to few Good Immigration Lawyers every one has given me advice that
Nothing will happen its goanna be waist of money and energy
Just Relax and wait for another 3 years and then apply for IRL
end of story
I wanted to share something here on this board as lot of people get Good advice
PLEASE NEVER TAKE EASY ANYTHGING RELATED TO IMMIGRATION LAW IN YOUR LIFE PREPARE YOUR SELF BEFORE HAND AND DOUBLE CHECK PRESENT RULES AND REGLATIONS WHEN U SUBMITT YOUR APPLICATION
Thanks
Nav
will come back after 4 years and see whats new

[vinny]

Then don't forget to extend in-time next year.

[Naveed583]

Thanks will do what is the right application farm to apply next year and is there any special requirements for this application ?
Thanks
Nav

[Amber]

FLR(o) is the form to extend DLR, the circumstances should be the same as your previous application.

[Naveed583]

Hi there
Just would like to know how can I find out what form I applied last time if I don't have any record
can I write and ask Immigration?
Thanks
Nav

[Naveed583]

The reason I am asking is I have just find out why they gave me 3years DL.
And let me describe we end up with the reason that when I had applied for extinction Life in the uk or esol qualification was must even some one is appling for extinction . no that's wrong
in my case there is only 2 things
Either I had applied wrong form instated of FLR M I submitted FLR O
Or they made mistake
because in the FLR M page 8 its clearly mentioned that I am Appling for an extinction and the reason is I could not passed the qualification
that's why I am wondering how can I find out what form I had applied

[Amber]

A SAR (click) you could have applied using flr(m) and due to not meeting the Language requirement have been granted DLR.

[Naveed583]

But according to FLR M page 8 it doesn't required qualification

[Amber]

Page 8 where?

You need to meet the English Language requirement (click) for flr(m)

[Naveed583]

let me understand
So you are saying even if I submitted FLR M in july 2009 they have right to reject my application because I don't hold qualification?
but what I am saying is FLR M is set for those who don't qualify or came late didt passed their 2years period etc

same time if I go to FLR M page 8

You require further leave to remain before applying for indefinite leave to remain to obtain a relevant
qualification showing Knowledge of the English language and of Life in the UK (KOL)

[Amber]

let me understand
So you are saying even if I submitted FLR M in july 2009 they have right to reject my application because I don't hold qualification?
but what I am saying is FLR M is set for those who don't qualify or came late didt passed their 2years period etc

same time if I go to FLR M page 8

You require further leave to remain before applying for indefinite leave to remain to obtain a relevant
qualification showing Knowledge of the English language and of Life in the UK (KOL)

Did you read the link which showed the English requirement for flr(m)? If you fail to meet the requirement then you will be rejected but they can grant DLR instead, what seems to have happened in your case.

[Naveed583]

Right manage to find out all paper work related to last application and its 100% confirmed information please read carefully and advice me what shall I do
Here is my case
I came to the UK as spouse in 12/04/2009 and my ILR was due before 28 days 17/06/2011
I failed to pass Life in the UK test in 05/2011 had no time left to reschedule it then applied FLR(M) for an extension( so i will have more time to do Esol or Life in the UK test)
They refused my application due to i had no English Language test or relevant qualification which is ESOL certificate.( wasn't aware that even for FLR(M) required Language qualification)
However same time Granted Limited leave to remain( As per UKBA letter, It has nonetheless been decided that discretion should be exercised in your favour)from 06/07/2011 till 06/07/2014
now I have passed Esol level 3 qualification and want to apply for IRL or FLR(M)
Questions
1.Can i apply for IRL now?
2.If i can't apply for IRL then what is the Form i can apply for
3.Can i apply for FLR(M) as i have qualification now if yes can i apply any time or do i have to wait 28days before it ends
Thanks for your help
Nav

[Amber]

If you have the money available then you could try to apply for set(m) as 287 doesn't require extant leave, you would need to apply by post, and state very clearly on a cover letter that you have spent 2 years as a spouse during the dates 2009-2011 and that you shoud be considered for ILR. There is a risk that you may fail as Vinny stated above, but it would be interesting to see how they react, on the citizenship forum a member has got set(m) despite overstaying 2+ years after his spouse visa expiring.

You would need to have the ESOL with citizenship, 2 years cohabitation proof and be able to adequately maintain yourselves.

[Naveed583]

Thanks again Amber
What about this route
I apply FLR(m) 28days before my dl end date with all requirements I should be granted 12or24 months what ever they give then I will be on right track(in worst case they do exactly they did last time grant me DL for another 3years anyway)
and once I got FLR(M) I will apply for IRL anytime when ever I fulfil requirements
Do you think legally I can do this ? I am sure there will be loads people in my situation please come forward and share your views so can get some help
Thanks a lot again
Nav

[Amber]

Hi there
I am ready to apply for IRL set(M) after 28 oct 2013.Under rules paragraph 287 and I fall under the transitional provisions-paragraph A 280(c)
My question is do I still have to get both Qualifications Esole and Life in the UK test.As I already have done Esol Entry Level 3
Thanks
Nav

[Amber]

If you are going for SET(M) why are you waiting till after 28-Oct-2013?

[Naveed583]

Hi there
I am ready to apply for IRL set(M) after 28 oct 2013.Under rules paragraph 287 and I fall under the transitional provisions-paragraph A 280(c)
My question is do I still have to get both Qualifications Esole and Life in the UK test.As I already have done Esol Entry Level 3
Thanks
Nav

[Amber]

Again, why are you waiting till after 28-oct-2013?

[Naveed583]

Due to Financial requirements I am earning 7K annually and working(partner not working just getting child tax credit and working tax credit nothing else) 30hours weekly I am going to start working 40h weekly then I expect my income 10k or more. I have to attach 6months bank statements
Do you think this matters if I am earning 7k annually ?
if it doesn't then I am Ok to apply beforehand
Thanks
Nav

[Amber]

Add up all your income, earnings Net, child benefit and tax credits, what's the total per week? How much rent do you pay per week and do you have any savings, also, have you applied for housing and council tax benefit?

[Naveed583]

All together 17K annually. we own this property Paying 385£ mortgage monthly.Never applied for housing, council social benefits etc

[Amber]

How many children have you got? It might be worth applying for Council tax Benefit.

[Naveed583]

I forgot to add we don't have any savings ,2 children

[Amber]

Ok so income is £326.92 per week

Income support for a couple and 2 children = £243.79

Housing cost = £88.85

Based on that you can adequately maintain so should be ok applying now.

Remember to include a detailed cover sheet explaining that you have completed the necessary probationary period under Part 8.

[Naveed583]

Thanks