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DLR to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Brutes660
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Discretionary Leave (LOTR) to Indefinite Leave

Post by Brutes660 » Mon Mar 26, 2018 9:31 am

Hi All,
We (The family with a child) were granted DLR (LOTR) on 21/08/2012 after successful appeal following the refusal of the application made using FLR (O) in Nov 2011.Then 3 years Extension granted in September 2015. Also the "Recourse to the public fund and employment" was allowed.

I was given a letter of grant of DLR (Both time) and mentioned that after 6 years of DLR we would be eligible to apply for ILR.

Help or support needed for the following so far I have prepared for :
1. Eligible for ILR application on 24/07/2018? (5 years, 11 months, 5 days)
2. Documents needed?
- Passports
-BRP
-Marriage Certificate
-Child DOB certificate
- Cover letter explaining the eligibility of period accrued?
- Bank Statement
- Benefits letters (Housing, CT)
-Tax credit letter
- References from employment/Community
-tenancy Contract letter
-Payslips
3. The English Language requirement, as I read it is not necessary?

I am doing PSC application, Could you guys please kindly enlighten me with any missing parts here.
Thanks in advance.

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CMOSUK
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Location: Glasgow, UK
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Re: Discretionary Leave (LOTR) to Indefinite Leave

Post by CMOSUK » Mon Mar 26, 2018 4:21 pm

basnetameer wrote:
Mon Mar 26, 2018 9:31 am
Hi All,
We (The family with a child) were granted DLR (LOTR) on 21/08/2012 after successful appeal following the refusal of the application made using FLR (O) in Nov 2011.Then 3 years Extension granted in September 2015. Also the "Recourse to the public fund and employment" was allowed.

I was given a letter of grant of DLR (Both time) and mentioned that after 6 years of DLR we would be eligible to apply for ILR.

Help or support needed for the following so far I have prepared for :
1. Eligible for ILR application on 24/07/2018? (5 years, 11 months, 5 days)
2. Documents needed?
- Passports
-BRP
-Marriage Certificate
-Child DOB certificate
- Cover letter explaining the eligibility of period accrued?
- Bank Statement
- Benefits letters (Housing, CT)
-Tax credit letter
- References from employment/Community
-tenancy Contract letter
-Payslips
3. The English Language requirement, as I read it is not necessary?

I am doing PSC application, Could you guys please kindly enlighten me with any missing parts here.
Thanks in advance.
Why where you granted DLR?

also, if it is non asylum, remember to use and fill form SET(O) and in my opinion you should include a covering letter specifically stating that you have transitional Arrangements in place and that you are eligible to apply for ILR after accruing 6 years (minus or within 28 days of completing qualifying period).
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


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Brutes660
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Posts: 36
Joined: Thu Sep 22, 2011 1:41 pm
Nepal

Re: Discretionary Leave (LOTR) to Indefinite Leave

Post by Brutes660 » Mon Mar 26, 2018 4:58 pm

Hi CMOSUK,

Thanks for your reply.

I applied for FLR (O) Article 8 adding argument about my serious health condition. They refused but the tribunal backed up with "Best interest of the child" under exceptional circumstances and my appeal was allowed.

Yes thanks, I am applying using Set (O).

Are you sure that the Date of the eligibility is counted from the visa was granted?

"8.1 Considering settlement applications
As with an application for further leave, the application should be considered in accordance with this policy to assess whether they still qualify for DL. Those who have accrued leave under the LOTR policy and later granted DL may be able to have all periods of leave taken into consideration in calculating the leave accrued towards the qualifying period when applying for settlement. This will depend on the individual circumstances, including the reasons for the grant of LOTR."

And no English language requirement, right?

Many thanks.

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Brutes660
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Posts: 36
Joined: Thu Sep 22, 2011 1:41 pm
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Re: Discretionary Leave (LOTR) to Indefinite Leave

Post by Brutes660 » Thu Jun 14, 2018 8:27 am

CMOSUK wrote:
Mon Mar 26, 2018 4:21 pm
basnetameer wrote:
Mon Mar 26, 2018 9:31 am
Hi All,
We (The family with a child) were granted DLR (LOTR) on 21/08/2012 after successful appeal following the refusal of the application made using FLR (O) in Nov 2011.Then 3 years Extension granted in September 2015. Also the "Recourse to the public fund and employment" was allowed.

I was given a letter of grant of DLR (Both time) and mentioned that after 6 years of DLR we would be eligible to apply for ILR.

Help or support needed for the following so far I have prepared for :
1. Eligible for ILR application on 24/07/2018? (5 years, 11 months, 5 days)
2. Documents needed?
- Passports
-BRP
-Marriage Certificate
-Child DOB certificate
- Cover letter explaining the eligibility of period accrued?
- Bank Statement
- Benefits letters (Housing, CT)
-Tax credit letter
- References from employment/Community
-tenancy Contract letter
-Payslips
3. The English Language requirement, as I read it is not necessary?

I am doing PSC application, Could you guys please kindly enlighten me with any missing parts here.
Thanks in advance.
Why where you granted DLR?

also, if it is non asylum, remember to use and fill form SET(O) and in my opinion you should include a covering letter specifically stating that you have transitional Arrangements in place and that you are eligible to apply for ILR after accruing 6 years (minus or within 28 days of completing qualifying period).

Hi CMOSUK,

Many Congratulations as you had been successful with the application.

I have been following your post as it somewhat matches my case.

I had booked for 26/07/2018 @Croydon at 10 am.

I do have one important question whether is it necessary to include the Determination from the First-tier tribunal with my application or not?
Because at first my application (non-asylum) was refused and I appealed then eventually it was allowed and granted DLR on 17th August'2012 (LoTR).

I have recourse to public fund.

Also, I would appreciate if you have any more opinions.

Thanks for your help.
Regards

User avatar
CMOSUK
Senior Member
Posts: 638
Joined: Mon Aug 14, 2017 3:33 pm
Location: Glasgow, UK
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Re: Discretionary Leave (LOTR) to Indefinite Leave

Post by CMOSUK » Thu Jun 14, 2018 10:38 am

basnetameer wrote:
Thu Jun 14, 2018 8:27 am
CMOSUK wrote:
Mon Mar 26, 2018 4:21 pm
basnetameer wrote:
Mon Mar 26, 2018 9:31 am
Hi All,
We (The family with a child) were granted DLR (LOTR) on 21/08/2012 after successful appeal following the refusal of the application made using FLR (O) in Nov 2011.Then 3 years Extension granted in September 2015. Also the "Recourse to the public fund and employment" was allowed.

I was given a letter of grant of DLR (Both time) and mentioned that after 6 years of DLR we would be eligible to apply for ILR.

Help or support needed for the following so far I have prepared for :
1. Eligible for ILR application on 24/07/2018? (5 years, 11 months, 5 days)
2. Documents needed?
- Passports
-BRP
-Marriage Certificate
-Child DOB certificate
- Cover letter explaining the eligibility of period accrued?
- Bank Statement
- Benefits letters (Housing, CT)
-Tax credit letter
- References from employment/Community
-tenancy Contract letter
-Payslips
3. The English Language requirement, as I read it is not necessary?

I am doing PSC application, Could you guys please kindly enlighten me with any missing parts here.
Thanks in advance.
Why where you granted DLR?

also, if it is non asylum, remember to use and fill form SET(O) and in my opinion you should include a covering letter specifically stating that you have transitional Arrangements in place and that you are eligible to apply for ILR after accruing 6 years (minus or within 28 days of completing qualifying period).

Hi CMOSUK,

Many Congratulations as you had been successful with the application.

I have been following your post as it somewhat matches my case.

I had booked for 26/07/2018 @Croydon at 10 am.

I do have one important question whether is it necessary to include the Determination from the First-tier tribunal with my application or not?
Because at first my application (non-asylum) was refused and I appealed then eventually it was allowed and granted DLR on 17th August'2012 (LoTR).

I have recourse to public fund.

Also, I would appreciate if you have any more opinions.

Thanks for your help.
Regards
I suggest you do include it to demonstrate to the case worker, although your where granted DLR after the 9 July 2012 immigration rule changes, because of your successful tribunal/appeal, I believe from my understanding, and as the the application was made before this date, the decision upheld in your favour should be based on those rules and circumstances before the 9th July 2012 immigration and not the rules after this date, hence from my understanding and belief, you come under the transitional arrangements.

Again I could be wrong, but, I would include it to demonstrate that the DLR granted to you is under the old rules and maybe mention this in a covering letter.

I hope this helps somewhat.
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


User avatar
Brutes660
Newbie
Posts: 36
Joined: Thu Sep 22, 2011 1:41 pm
Nepal

Re: Discretionary Leave (LOTR) to Indefinite Leave

Post by Brutes660 » Thu Jun 14, 2018 1:01 pm

Thank you very much. @CMOSUK

That makes sense. I appreciate it.

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Brutes660
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Posts: 36
Joined: Thu Sep 22, 2011 1:41 pm
Nepal

DLR to ILR

Post by Brutes660 » Mon Jul 23, 2018 9:32 pm

Hi All,

I have been following all your success stories that encourage me not to stress out and have positive vibes inside me.
I have the appointment on 26/07.
However, the thing that bothers me as I have a different scenario for my ILR application that we were granted (LOTR) DLR under focusing on "Child best Interest" along with private life.
I have full access to public fund and work permit.
I have prepared my cover letter as follows, I would like to have some suggestion over it. If you could help me, that would be great.

Starts here

Dear Sir/Madam,

Applicant: Name, DOB and Country
Dependant: Name, DOB, Country

I wish to make an application for Indefinite leave to remain under the policy of Discretionary Leave to Remain outside the immigration rules followed by the qualifying period of 6 years.

I had applied for the further leave to remain before July 2012 but was refused then I appealed to the first-tier tribunal and eventually DLR was granted.
The first Discretionary leave to remain outside immigration rules was granted from 17/08/2012 till 17/08/2018.
The extension was done on time and was granted further DLR from 28/09/2015 till 28/09/2018.

So, as per the Chapter 8: 3.4 of Transitional Provision (page 11 attached) I become eligible to apply for ILR after completing 6 years period which will be accrued on 17/08/2018.
So, I am submitting this application in 22 days before completing a total of 6 years.

Knowledge of Language (KoLL exemption): As per the Home Office document “Knowledge of language and life in the UK”, Version 20.0, published on 28th March 2018, page 5 (attached) indicates we are exempted from proving the knowledge of the language.

I believe we have established our private life and built ties with the United Kingdom. So, I would also like to request the Secretary of states to exercise the policy of “best interest of the child” along with the rule regarding Discretionary Leave to Remain before making the decision.

In support of my application, please find enclosed documents.

References: ......

Achievements: ....


Yours faithfully

Ends here.

I would really be grateful if anyone can correct my wording or suggest if you think or experience anything here.

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Brutes660
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Posts: 36
Joined: Thu Sep 22, 2011 1:41 pm
Nepal

Re: DLR to ILR

Post by Brutes660 » Tue Jul 24, 2018 9:02 pm

@CMOSUK

Help here please for the above. TIA

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