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Invalid Application: Discretionary Leave to Remain

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minime
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Posts: 3
Joined: Tue Dec 16, 2008 4:55 pm

Invalid Application: Discretionary Leave to Remain

Post by minime » Tue Dec 16, 2008 5:23 pm

I was granted a DL for 3 years which expired last month. I applied for an extension using the form HPDL, 3 weeks before my leave expired, following the guidance on the BIA website and not including any payment b/c it said no fee required for HPDL. I was shocked and almost crying when my application was returned with a letter saying that I have not paid the required fee and that I was supposed to use form FLR(O). Please help, what can I do.

I was granted DL for reasons outside the immigration rules. My husband and children are british and we are not claiming any benefit

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 8:34 pm

Post by paulp » Tue Dec 16, 2008 6:20 pm

Is there any reason why you're not applying for a spouse visa FLR(M)?

minime
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Joined: Tue Dec 16, 2008 4:55 pm

Post by minime » Tue Dec 16, 2008 8:08 pm

Thanks for your reply. I thought I could only apply to extend the discretionary leave for another 3 years. Do you think it is better I apply for FLR(M) instead of FLR(O). Thanks again

tasha75
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Posts: 257
Joined: Fri Aug 18, 2006 10:04 am

Re: Invalid Application: Discretionary Leave to Remain

Post by tasha75 » Tue Dec 16, 2008 10:44 pm

minime wrote: my application was returned with a letter saying that I have not paid the required fee and that I was supposed to use form FLR(O).
Perhaps they are feeling generous and are ready to grant you ILR (as a Christmas present :)
I would have done the same as you (and as their website suggests) - to extend DLR for another 3 years first, and then apply for ILR at the end of 6 years.
Don't know what their game is.
Do not live your life in fear.

tasha75
Member of Standing
Posts: 257
Joined: Fri Aug 18, 2006 10:04 am

Post by tasha75 » Tue Dec 16, 2008 10:55 pm

minime wrote: Do you think it is better I apply for FLR(M) instead of FLR(O). Thanks again
You have to confirm first whether you can switch (in-country) from DLR to a spouse visa. If you can't then they will refuse your application and you could lose your money.
If I were you, I would have sent FLR(O) with a payment and a covering letter that you've applied to extend your DLR but as per their letter you are now sending FLR(O) with a payment. Include their letter as well so they don't back off saying you have to apply on HPDL. But do this before your DLR expires.
Are you failed asylum seeker? If you are, my guess is that you were part of legacy cases, and in this situation HO grants ILR when people apply to extend DLR. And they have been granting it for free, perhaps now they want to get money at least from some people.
Do not live your life in fear.

minime
Newly Registered
Posts: 3
Joined: Tue Dec 16, 2008 4:55 pm

Post by minime » Thu Dec 18, 2008 11:26 am

Thanks tasha75 for your reply. I will send back the form FLR(O) with the payment and see what happens next. Thanks again for your advise and time.

kennieg
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Posts: 21
Joined: Thu Apr 15, 2010 9:57 pm

RE: DLR extension

Post by kennieg » Thu Apr 15, 2010 10:36 pm

Minime, hv u heard from HO yet as per ur DLR extension? If yes, hw long did it take pls? I also applied for a DLR extension in Jan 2010, still waiting no response yet from HO.

Thanks

lloyd
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Posts: 25
Joined: Wed Feb 22, 2012 10:19 am

Post by lloyd » Sun Feb 26, 2012 9:46 pm

Hi Guys,

can i apply for extension of DLR (non asylum) at PEO. Since the form FLR (O) only says only 10 year rule cannot apply at PEO. It did not mention if DLR non asylum can use it. Does anyone have any idea or experience about this.

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