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I am in desperate need for advice, I have applied for asylum since I came to UK in 2008. I finished master as an Engineer in 2010, and got married to English woman in 2012, I got 2 kids, the home office gave me discretionary leave to remain for 2 years and half in February 2015 and I was refused as asylum ,I got my visa just for my kids, I am working as senior Engineer since I got work permit two and half years ago and I am paying tax and contributing to this country. My Visa is due to expire, I have applied ILR application and the home office got £2300 fees. They sent me letter today stating that I have applied the wrong application and I should apply for further leave to remain. They said I only can apply for ILR only after 6 years of granting discretionary. I have been in UK almost 9 years now.
I was wondering if there is any way to apply for indefinite..

Many Thanks for your help

Farra wrote:I am in desperate need for advice, I have applied for asylum since I came to UK in 2008. I finished master as an Engineer in 2010, and got married to English woman in 2012, I got 2 kids, the home office gave me discretionary leave to remain for 2 years and half in February 2015 and I was refused as asylum ,I got my visa just for my kids, I am working as senior Engineer since I got work permit two and half years ago and I am paying tax and contributing to this country. My Visa is due to expire, I have applied ILR application and the home office got £2300 fees. They sent me letter today stating that I have applied the wrong application and I should apply for further leave to remain. They said I only can apply for ILR only after 6 years of granting discretionary. I have been in UK almost 9 years now.
I was wondering if there is any way to apply for indefinite..

Many Thanks for your help

when did you apply and what form you used ?/

Did they formally refuse the application?

I applied last week for indefinite leave to remain. There is form for people who has been refused as Asylum and given discretionary leave to remain

Farra wrote:I applied last week for indefinite leave to remain. There is form for people who has been refused as Asylum and given discretionary leave to remain

No they haven't refused, they asked me to pay heath surcharge £500 and they said I need to apply for FLR

Obie wrote:Did they formally refuse the application?

No they haven't refused, they asked me to pay health surcharge £500 and they said I need to apply for FLR

how long you have lived in uk

MALIK336 wrote:how long you have lived in uk

Since Aug 2008, so 9 years living in UK

You need to vary and get the surplus of your fee, and do FLR(HRO).

You will not qualify for ILR until 2018, unless of course you were on Temporary Admission during the time you were an Asylum Seeking, in which case, you may qualify under long residence.

Obie wrote:You need to vary and get the surplus of your fee, and do FLR(HRO).

You will not qualify for ILR until 2018, unless of course you were on Temporary Admission during the time you were an Asylum Seeking, in which case, you may qualify under long residence.

They said I should apply after 6 years of giving me descrationary, therefore all the years I have stayed here before they gave me descationary are not counted which means I need to wait another 3 years and half to apply for indefinite ?

Farra wrote:

Obie wrote:You need to vary and get the surplus of your fee, and do FLR(HRO).

You will not qualify for ILR until 2018, unless of course you were on Temporary Admission during the time you were an Asylum Seeking, in which case, you may qualify under long residence.

They said I should apply after 6 years of giving me descrationary, therefore all the years I have stayed here before they gave me descationary are not counted which means I need to wait another 3 years and half to apply for indefinite ?

was you came on vist visa first ?/

MALIK336 wrote:

Farra wrote:

Obie wrote:You need to vary and get the surplus of your fee, and do FLR(HRO).

You will not qualify for ILR until 2018, unless of course you were on Temporary Admission during the time you were an Asylum Seeking, in which case, you may qualify under long residence.

They said I should apply after 6 years of giving me descrationary, therefore all the years I have stayed here before they gave me descationary are not counted which means I need to wait another 3 years and half to apply for indefinite ?

was you came on vist visa first ?/

I came by student visa , but I applied for Asylum after 4 months

During your asylum, were you put on temporary admission and when was the asylum refused?

Obie wrote:During your asylum, were you put on temporary admission and when was the asylum refused?

They refused my asylum many times and I had appealed. I had no right in UK nearly 7 years I wasn't allowed to work or even apply for benefit, my wife was supporting me since 2012, and I got permission to work in 2015 on family ground when I had kids