ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Discretionary leave to remain

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
MAHI87
Newly Registered
Posts: 17
Joined: Tue Jul 07, 2009 9:22 pm

Discretionary leave to remain

Post by MAHI87 » Tue Jul 07, 2009 9:36 pm

Hi all..I came to the UK in Mar2000 on a spouse visa but the marriage did not last 05 months. My exwife who is a UK national, accepted irresponsible behaviour on her part and after my divorce, I applied for settlement in the UK after the expiry of the one year spouse visa. i was granted Descretionary Leave to remain(DLR) in July 2006 for a period of THREE YEARS( ends July 2009)

I want to ask two questions

1) which form do i need to fill in for an extension to my DLR?

2) will i be eligible for indefinite leave to remain in Mar2010 next year on completion of 10 yrs of lawful residence in the UK? or will i have to complete another 3 yrs of DLR (till july2012) before i can apply for ILR?

Pl. respond soon. Thanks..

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Tue Jul 07, 2009 11:13 pm

1. Completing application form HPDL.

2. Although discretionary leave is granted outside the Immigration Rules, it is lawful. It may be possible to apply for SET(O) under Long residence if there are no breaks in continuous lawful residence. Suggest you get further advice.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

MAHI87
Newly Registered
Posts: 17
Joined: Tue Jul 07, 2009 9:22 pm

Descretionary leave to remain

Post by MAHI87 » Wed Jul 08, 2009 9:07 pm

Thanks for ur reply.. i did look up the HPDL form but it seemed to suggest it is for refugees/asylum seekers..

Could you pl. also clarify what does "continuous residence" mean? I have been on holiday to India and Canada since 2006, not more than 60 days in a calender year,though..

I am thinking of applying myself as i have spoken to a few solicitors and was not impressed with their presentation skillsand hence could not justify their fees..pl. advise if I shud definitely seek professional advice..

Regards

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: Descretionary leave to remain

Post by vinny » Thu Jul 09, 2009 12:54 am

MAHI87 wrote:Could you pl. also clarify what does "continuous residence" mean? I have been on holiday to India and Canada since 2006, not more than 60 days in a calender year,though..
Interpretation given in Long Residence following AIT's judgement.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

jei2
Member of Standing
Posts: 419
Joined: Thu Feb 14, 2008 12:49 pm
Location: London

Post by jei2 » Fri Jul 10, 2009 10:58 pm

You need form FLR(O) to extend discretionary leave on the grounds of marriage.
Oh, the drama...!

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sat Jul 11, 2009 12:37 am

I believe that HPDL is appropriate. Ask the UKBA for confirmation.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

MAHI87
Newly Registered
Posts: 17
Joined: Tue Jul 07, 2009 9:22 pm

Descretionary leave to remain extension

Post by MAHI87 » Sat Jul 11, 2009 9:51 am

I need some definite advice pl. I checked out the HPDL form and it says

"Application for an extension of stay in the United Kingdom or
settlement in accordance with the Home Office policies on Humanitarian
Protection or Discretionary Leave by a person who, FOLLOWING REFUSAL OF ASYLUM was granted one of the following:
• Less than four years Exceptional Leave • Humanitarian Protection •
Discretionary Leave

AND

later says there is no fees involved if using this form..

Well, I never claimed asylum at any stage and the solicitors(both of them) said that there is a £450+ fees for applying apart from their fees..

I am even more confused now..

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sat Jul 11, 2009 11:54 am

Perhaps jei2 is correct and it's FLR(O). Do check.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

abidjan1
Junior Member
Posts: 96
Joined: Tue May 05, 2009 2:38 pm

Re: Descretionary leave to remain

Post by abidjan1 » Fri Jul 31, 2009 3:40 pm

have you waited 6 years for the HO to grant you a discretionbary leave?

MAHI87
Newly Registered
Posts: 17
Joined: Tue Jul 07, 2009 9:22 pm

Post by MAHI87 » Fri Aug 14, 2009 9:10 pm

i initially made an application for ILR in 2001.. got my discretionary in 2006 after my appeal was upheld by an adjudicator and later a tribunal( bcos the HO challenged the adjudicator's decision)..

Also the correct form to use is the FLR(o)..

narmi
Newly Registered
Posts: 9
Joined: Tue Jun 10, 2008 3:25 pm

Re: Discretionary leave to remain

Post by narmi » Fri Sep 04, 2009 11:13 am

MAHI87 wrote:Hi all..I came to the UK in Mar2000 on a spouse visa but the marriage did not last 05 months. My exwife who is a UK national, accepted irresponsible behaviour on her part and after my divorce, I applied for settlement in the UK after the expiry of the one year spouse visa. i was granted Descretionary Leave to remain(DLR) in July 2006 for a period of THREE YEARS( ends July 2009)

I want to ask two questions

1) which form do i need to fill in for an extension to my DLR?

2) will i be eligible for indefinite leave to remain in Mar2010 next year on completion of 10 yrs of lawful residence in the UK? or will i have to complete another 3 yrs of DLR (till july2012) before i can apply for ILR?

Pl. respond soon. Thanks..
hi
i can in same situation marriage broken down can you plz tell how did you get DL and what was ground to get DL

Locked
cron