ILR SET O APPROVED AFTER 15 YEARS IN THE UK 2x3 DLR

Alz3eem2002 wrote: ↑

Tue Nov 28, 2017 9:17 pm

I dont get this i have being following this forum for long long time and learnt alot from everyones experience ... Everyone's experience varies.

I completed 6 years discretionary leave to remain (failed asylum seeker) which i received in august 2011. Applied through set o after being advised by my solicitor on the 25/08/2017.

Some here say use flr dl form and some say use set o form. What is rite and what is wrong.. This is scary.

Some stated that they went through set o form route after being fully finishing 6 years discretionary leave to remain which they received after a failed asylum claim and received their ilr through same day service which I think is called PEO...

I tried to do it (same day decision) and pay more and communicated with the home office and my solicitor and both said you can't use it. I emailed the home office and they emailed me saying my case doesn't cover same day service.

So how come people here in this forum with the same case got allowed (same day decision) and others not.

Really confused.. What is rite and what is wrong? Have i filled the wrong form through my solicitor?

Your feedback would be welcome and respected if you only know for sure.. I have being waiting since 25 August 2017.

Alz3eem2002 wrote: ↑

Wed Nov 29, 2017 9:57 am

I didn't apply because I was told from the beginning by my solicitor that I cant and she doubled checked it.

I even emailed the home office PEO service team after I applied by postal and asked them if I can pay the same day service fees AND THEY EMAILED ME BACK SAYING THAT I CANT.

CMOSUK wrote: ↑

Wed Nov 29, 2017 9:57 am

Alz3eem2002 wrote: ↑

Tue Nov 28, 2017 9:17 pm

I dont get this i have being following this forum for long long time and learnt alot from everyones experience ... Everyone's experience varies.

I completed 6 years discretionary leave to remain (failed asylum seeker) which i received in august 2011. Applied through set o after being advised by my solicitor on the 25/08/2017.

Some here say use flr dl form and some say use set o form. What is rite and what is wrong.. This is scary.

Some stated that they went through set o form route after being fully finishing 6 years discretionary leave to remain which they received after a failed asylum claim and received their ilr through same day service which I think is called PEO...

I tried to do it (same day decision) and pay more and communicated with the home office and my solicitor and both said you can't use it. I emailed the home office and they emailed me saying my case doesn't cover same day service.

So how come people here in this forum with the same case got allowed (same day decision) and others not.

Really confused.. What is rite and what is wrong? Have i filled the wrong form through my solicitor?

Your feedback would be welcome and respected if you only know for sure.. I have being waiting since 25 August 2017.

my understanding is, if you were granted DL following a failed/refused asylum application, after completing 6 years of DL (minus 28 days) you would become eligible for ILR and would use form DL to make the ILR application, unfortunately this form does not have the PEO option and can only be sent by post.

Again, those granted DL (non asylum), after completing 6 years DL (minus 28 days) you would be eligible to apply for ILR using the form SET(O) and the PEO option is available in that, now my understanding is, there does not seem to be any restriction or any wording to that affect that restricts those granted DL after a failed/refused asylum application and then being granted DL to use form SET(O) for an application of ILR, after completing the 6 years of DL(minus 28 days).

The only issue i see is, those granted DL from a failed/refused asylum application and after they have completed 6 years of DL(minus 28 days), using form SET(O) to enable them to use the PEO service, again, i'am not stating to use it, but if their case is complicated, it is not recommended to use anyways and just apply for postal using form DL.

Again, this all comes down to the case worker and what the guidance is set out for them to follow and apply and above all their understanding, either way it is a risk. Again, i will always recommend to use the correct.

19suf wrote: ↑

Wed Nov 29, 2017 10:11 am

6 year dlr

Hi i m married a british citizen and i applied as a spouse in 2011 given dlr coz i was overstayer so i got my first drl 3year feb 2012 n second 3 year in march 2015 now i have a child also. so my questions are
What application form i have to use.
You would use form SET(O)
Do i need english and life in the uk qualification certificate.
There is not language requirement(no b1 or life in the UK test requiremtn for those applying for ILR after 6 years of DL
Do i need to show any earning.
Although there is no maintenance (£18,600) requirement, UKVI will still want to see some form of evidence on how you are maintaining yourself.
And overall could you please tell me what documents i need to submit also can i go for premium service.
If you are applying using SET(O) form, then you can use the premium service, as for documents, you will need letters in either joint names or each of your names (maximum you can submit is 2 years), anything also regarding your child and how both play an important role for your child's foreseeable future. There is more, but preferably if you do a search you should get the answers to this. Again, the requirements are not as much as compared to the other visa categories. DLR is granted outside the immigration rules and normally further grants of DL are granted if the circumstances are still the same for the reasons granted as the first time. In this case, it seems like based on your marriage to a British citizen.
Your help Will be appriciate .please
Many thanks

Alz3eem2002 wrote: ↑

Wed Nov 29, 2017 11:57 am

Hi mkhari,

I don't think its wrong using set o. 2 of the forum members with the same case used it and got the ilr.

The issue is I am using a well represented solicitor and they even said during filling the form nothing is clear by the home office.

Some used SET O and got ilr,,,some used FLR and got ilr....

Some with same case (asylum failure) used same day service (although it clearly says you cant) and got ilr and some tried it and got rejected, and cant use same day service...

you see the confusion has not come from a blank area... The Home office has no guidelines and the solicitors are confused.

It will be a big disappointment for me if I get refused as I am wanting to staright away apply for my wife's spouse visa..I cant wait

mkhari wrote: ↑

Wed Nov 29, 2017 10:25 am

Alz3eem2002 wrote: ↑

Wed Nov 29, 2017 9:57 am

I didn't apply because I was told from the beginning by my solicitor that I cant and she doubled checked it.

I even emailed the home office PEO service team after I applied by postal and asked them if I can pay the same day service fees AND THEY EMAILED ME BACK SAYING THAT I CANT.

If i am not wrong you used Set O form and send by postal application
if its true then i think its wrong decision
if you wereconfirmed to use postal application you should use FLR DL and if you used Set O you shoudl try same day

thats my understanding

Alz3eem2002 wrote: ↑

Wed Nov 29, 2017 6:28 pm

The answer would be know one knows what is right and wrong. I have followed most of the threads.. Some had exactly the same status as me and many others and got their fast track accepted and received their ILR approval on same day.. Others with the same experience and were rejected or told they cant...

It depends on their mood and who sees it and whether they are bothered... What has surprised me is even solicitors dont know and keep taking the cases and sending it in the hope that it will get approved... If not that's extra money for them as you'll need helplessly to go for judicial review.

If Inshallah i receive my ilr i would tell you my whole experience and it would benefit everyone.. As my case went through a lot..

CMOSUK wrote: ↑

Thu Nov 30, 2017 8:48 am

Alz3eem2002 wrote: ↑

Wed Nov 29, 2017 6:28 pm

The answer would be know one knows what is right and wrong. I have followed most of the threads.. Some had exactly the same status as me and many others and got their fast track accepted and received their ILR approval on same day.. Others with the same experience and were rejected or told they cant...

It depends on their mood and who sees it and whether they are bothered... What has surprised me is even solicitors dont know and keep taking the cases and sending it in the hope that it will get approved... If not that's extra money for them as you'll need helplessly to go for judicial review.

If Inshallah i receive my ilr i would tell you my whole experience and it would benefit everyone.. As my case went through a lot..

I don't believe this to be the case, yes the UK immigration law and procedures are complicated and at times there is not enough clarity and guidance on particular aspects of the law.

I would also like to add that, DLR is granted outside of the general immigration rules and at the discretion of the Secretary of state.

In some way, those granted it, please don't misunderstand me, are lucky (including my wife) as what may have normally resulted in the general grounds of refusal, still a grant was exercised in our favour.

On top of that when you actually think about it, the requirements are relaxed compared to other visa categories that need to be completed before being eligible for ILR, as well as certain restrictions may be removed while on this type of leave to remain.
The fact transitional arrangements are in place that UKVI have to honour to those granted DLR before 9 July 2012 of which after this date was changed to the FLR (FP) & FLR (M) routes, now requiring 10 years of legal stay before being eligible for ILR.

I would also like to state that those that now fall on these categories, Article 8 is now not considered where previously it was (would like confirmation on this)

but the case worker would still have some sort of guidance to follow and adhere to. Again this comes down to the evidence submitted and how complex your case is.

If I have made any mistakes, apologies in advance and please correct me.

19suf wrote: ↑

Thu Nov 30, 2017 10:45 am

Hi thanks for previous answer. Can i ask you that my 6 year dlr is going to be finish on 20th of march 2018 so do i have to apply after 20th march or before if before when i will be eligible to apply for ilr. Please answer. Thanks again ..