Discretionary leave - what to do

Naveed583 · Post by **Naveed583** » Sat Jul 27, 2013 11:10 pm

Hi every one
I came in 2009 on spouse visa (I think 27 months) and could not passed Life in the UK test my spouse visa was expiring on July 2011and had no time to take Esole course . I applied for An extension granted 3 years visa which is going to be end on 6july 2014
Question is can I apply for ILR any time after getting Esole entry level 3 certificate or do I need to wait until this extension ends in July 2014
Thanks
Nav

Amber · Post by **Amber** » Sun Jul 28, 2013 6:36 am

From 28 days before your 2 year probationary periods ends. That would be anytime now on set(m) based on what you've wrote.

Amber · Post by **Amber** » Mon Aug 12, 2013 9:44 am

Naveed583 PM wrote:
Thanks
As I enter in UK 2009 on spouse visa will new qualification rule for IRL(after 28 oct 2013 need Esole and life in the uk test )apply on my application ?
Or if I just get esole done and I can apply IRL after 28 oct only with one qualification
Thanks
Nav

Amber · Post by **Amber** » Mon Aug 12, 2013 9:51 am

The new English Language requirement will not apply if you apply before 28-Oct-2013, you only need to satisfy KOLL (click) you can apply for set(m) as soon as you meet the standard requirements including KOLL.

If you are the spouse or civil partner of a British Citizen then you may be able to apply for settlement at a PEO and as soon as you are granted set(m)/ILR then you can apply to naturalise, again avoiding the new English Language requirement subject to meeting the requirements.

Amber · Post by **Amber** » Mon Aug 12, 2013 10:35 am

Naveed583 PM wrote:
Thanks Amber
the first part I understand that if I apply before 28 oct 2013 I just need to get one of the qualification either Esol/Life in the UK.and If I apply after 28 oct 2013 then I have to get both qualifications doesn't matter if I came in 2009 on spouse visa right ?
2nd part
when ever I apply for ILR if I granted then I can apply for Passport straight way no need to wait for an other 1 year right ?
Thanks a lot for your time
Nav

Amber · Post by **Amber** » Mon Aug 12, 2013 10:37 am

Once you are granted ILR and if you are the spouse or civil partner of a British Citizen then you do not have to wait 12 months instead you can apply after being resident in the UK for 3 years, thus likely straight away.

vinny · Post by **vinny** » Mon Aug 12, 2013 11:01 am

Naveed583 wrote:Hi every one
I came in 2009 on spouse visa (I think 27 months) and could not passed Life in the UK test my spouse visa was expiring on July 2011and had no time to take Esole course . I applied for An extension granted 3 years visa which is going to be end on 6july 2014

Why 3 years? What sort of extension did you apply for? What sort of leave were you granted?

If it was discretionary leave, then they may expect you to renew this for another 3 years before being eligible for ILR.

Amber · Post by **Amber** » Mon Aug 12, 2013 11:25 am

Are you sure it was 3 years, you applied in July 2011 and were granted a visa until July 2014, if it were DLR, then that can't have been possible unless the postal applications were almost instant, because you couldn't do a PEO or am I missing something?

Amber · Post by **Amber** » Mon Aug 12, 2013 11:57 am

Naveed583 wrote:
Thanks Amber
Right let me explain everything
Granted spouse visa in 17/03/09 from Pakistan until 17/06/11 came in 12/04/09
Failed to pass Life in the UK test in 05/2011 had no time left then applied for an extension in 05/2011
after few weeks received a latter asked for Finger print did that
Granted Limited leave to remain from 06/07/2011 till 06/07/2014
now I have passed Esol level 3 qualification and want to apply for IRL before 28Oct 2013(don't want to go thought life in the uk I am afraid cant pass that its bit hard for me)

since 2009 to 2012 we both were working annual income was 24k oh so she left work in sep2011 I have been redundant in feb2012
no self employed last year my income was 73400 and the only thing she is getting working& child tax credit(we have 2 boys) we have not applied for anything else. still living together haply own mortgaged house.
simple question will I be granted IRL according to circumstances I have explained bit confused what shall I do really don't want to lose 1051£ as I am already struggling
Thanks for your help
Nav

Amber · Post by **Amber** » Mon Aug 12, 2013 11:57 am

Please confirm that you applied for an FLR(m) extension and were given that extension not a DLR extension, what does your visa say?

vinny · Post by **vinny** » Mon Aug 12, 2013 12:03 pm

What form did you use when applying for the extension?
Did you satisfy the English Lanuage requirements?
Did you get any letter stating when you may apply for ILR?

Naveed583 · Post by **Naveed583** » Mon Aug 12, 2013 12:07 pm

I have got both visa's scanned can you please advice me Email id so I can mail you
Thanks
Nav

Amber · Post by **Amber** » Mon Aug 12, 2013 12:08 pm

They have your personal information on, do not send them to anyone. Instead write on here what they say, the most recent one that expires July 2014, what does that say?

Amber · Post by **Amber** » Mon Aug 12, 2013 12:26 pm

Naveed583 wrote:
RESIDENT PERMIT UK*******
NAME:_______
VALID UNTIL:06 JUL/JUIL 14
PLACE,DATE OF ISSUE:SHEFFIELD
06 JUL/JUIL 11
TYPE OF PERMIT: LIMITED LEAVE TO REMAIN

REMARKS:
LIMITED LEAVE TO REMAIN IN THE UK
MY DOB:_________

THIS IS EVERYTHING WRITTEN ON THE VISA
hope this helps
Nav

Amber · Post by **Amber** » Mon Aug 12, 2013 12:28 pm

Vinny, it should say DLR on the visa/approval letter if it is, should it not? Saying that, if it were flr(m) I would expect it to say no recourse to public funds on the remark. Naveed, what form did you complete when you applied for an extension, was it flr(m)?

Naveed583 · Post by **Naveed583** » Mon Aug 12, 2013 12:57 pm

Hi
I don't remember which form I applied for I think I do have a copy of farms at home will check and let you know but I do have a home office latter here

Dear Mr. Naveed Asghar
Re:Mr Naveed Asghar Pakistan my(DOB)
I am writing to inform you that ,although you do not qualify for leave to remain in the UK under the Immigration rules,it has nonetheless been decided that discretion should be exercised in your favour.you have therefore been granted limited leave to remain in the UK in accordance with the principles set out in the Home office policy instruction on discretionary leave
I enclose your passport or immigration staus document endorsed with an extension of stay in the UK
please read the endorsement(s) carefully
the attached leaflet explains the conditions of your stay whilst in the UK
for more information please see website www.ukba.homeoffice.gov.uk
yours sincerely
______
______
and has 2 more pages where they explain entitlemts/police reg/travel abroad/dependants/applying for an extension/caution

hope this helps
Naveed

Amber · Post by **Amber** » Mon Aug 12, 2013 1:08 pm

You have been granted discretionary leave to remain, thus you must now have such leave for 6 years before applying for ILR. You will have to extend the leave before it expires on FLR(o) you should be then granted another 3 years and after the second extension can you apply to settle. That information was very important and you should have disclosed this in your first post. You did not get an extension, you were rejected but were given leave to remain by discretion.

vinny · Post by **vinny** » Mon Aug 12, 2013 1:08 pm

Naveed583 wrote:Hi
I don't remember which form I applied for I think I do have a copy of farms at home will check and let you know but I do have a home office latter here

Dear Mr. Naveed Asghar
Re:Mr Naveed Asghar Pakistan my(DOB)
I am writing to inform you that ,although you do not qualify for leave to remain in the UK under the Immigration rules,it has nonetheless been decided that discretion should be exercised in your favour.you have therefore been granted limited leave to remain in the UK in accordance with the principles set out in the Home office policy instruction on discretionary leave
I enclose your passport or immigration staus document endorsed with an extension of stay in the UK
please read the endorsement(s) carefully
the attached leaflet explains the conditions of your stay whilst in the UK
for more information please see website www.ukba.homeoffice.gov.uk
yours sincerely
______
______
and has 2 more pages where they explain entitlemts/police reg/travel abroad/dependants/applying for an extension/caution

hope this helps
Naveed

Naveed583 · Post by **Naveed583** » Mon Aug 12, 2013 4:00 pm

Do you know simple spouse visa extension does required Esol/Life in the uk Qualification?(that's the only thing I have not attached otherwise everything else were there just to extend spouse visa)
if no then how come they grant me DLR instated of spouse visa extension
Can I appeal against there last decision?
Cant believe I was taking this issue very light now I end up with another 4 years

Amber · Post by **Amber** » Mon Aug 12, 2013 4:03 pm

Naveed583 wrote:Do you know simple spouse visa extension does required Esol/Life in the uk Qualification?(that's the only thing I have not attached otherwise everything else were there just to extend spouse visa)
if no then how come they grant me DLR instated of spouse visa extension
Can I appeal against there last decision?
Cant believe I was taking this issue very light now I end up with another 4 years

I believe new English requirements came in just as you were applying for the extension an thus you didn't meet that requirement and thus you were rejected. If someone can remember when the requirements came into affect in 2011, May?

Naveed583 · Post by **Naveed583** » Mon Aug 12, 2013 4:07 pm

This requirement was introduced on 29 November 2010.yes I am at fault

Amber · Post by **Amber** » Mon Aug 12, 2013 4:08 pm

It's a shame, but yes, you'll just have to wait it out.

Naveed583 · Post by **Naveed583** » Mon Aug 12, 2013 4:21 pm

But I came in 2009 so follow 2009 rules not after nov 2011 what do think
sorry to bother you

Amber · Post by **Amber** » Thu Aug 15, 2013 6:45 am

You may be ok applying for set(m), you should see http://www.freemovement.org.uk/2010/12/ ... r-spouses/ and seek legal advice.

vinny · Post by **vinny** » Thu Aug 15, 2013 7:04 am

Good idea. This may work if you are still subject to the transitional provisions under A280( c )(ii), as it's not a requirement to have extant leave in 287.

Unfortunately, Discretionary leave is not under Part 8 and 2.3 may be applicable.

Do let us know what happens.

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