Immigrationboards.com

Posted: **Thu Aug 24, 2017 5:07 pm**

Hello,
I need some help
I was granted DLR in December 2011 for three years till December 2014.
I applied for renewal in November 2014.
I was granted with another three year DLR in May 2015 to May 2018. They took six months to reply and renew the visa.

Now my visa is till May 2018.

My discretionary leave started in December 2011. If we count 6years from issue date then i can complete 6years on December 2017.

Can i apply ILR in 2nd week of November 2017 or do i need to wait till May 2018.
Kindly give your advice so accordingly i can start preparing my file

Can i use premium service if i want to apply for ILR

Kindly advice when can i apply for ILR

Posted: **Thu Aug 24, 2017 6:11 pm**

Hi
I was checking gov website and it confirms on the website that i can use premium service

Can you please check this link and advice. Read the whole page at the end it says i can use premium service
https://www.gov.uk/settle-in-the-uk/y/y ... nary-leave

"After you submit your application you’ll be asked to provide a digital photo and fingerprints (known as ‘biometric information’).

If you’re applying after 6 years of discretionary leave, you can apply in person at a premium service centre."

Posted: **Thu Aug 24, 2017 6:12 pm**

Any advice please

Posted: **Sat Sep 23, 2017 11:36 am**

hello,
we are in the same boat i am also about to apply for ilr ,
just to let you know i was contacted with home office regarding time period which home office took to decide our 2nd dlr it will be counts towards my time frame of 6 years.its legal time period

i am also interested to apply through perimium service, but still searching for it

Posted: **Sat Sep 23, 2017 11:38 am**

i WAS contacted home office through MP. MEMBER OF PARLIMENT.

Posted: **Tue Oct 24, 2017 2:54 pm**

Hi Luqi2020

Any update about you are you going to apply using SET(o) or FLR (DL) form.

It clearly says on the website

https://www.gov.uk/ukvi-premium-service ... he-service

QUOTE
You also can’t use the premium or super premium service if you’re applying for discretionary leave to remain or humanitarian protection unless:
you’re applying under the transitional arrangements to extend your discretionary leave after 3 years you’re applying to settle in the UK after 6 years discretionary leave
UNQUOTE:

Now the question is what are the "Transitional Arrangements" for this we get the definition from this gov web link

https://www.gov.uk/government/uploads/s ... __v7_0.pdf

Then on page 22 it says :

QUOTE:
Those granted DL before 9 July 2012 may apply to extend that leave when their period of DL
expires. All such applications, including settlement applications under the transitional
arrangements, must be made on the appropriate application form no more than 28 days before
their existing leave expires.
UNQUOTE

I need advice on above please

it clearly confirms that we can use SET (O) form under transitional arrangmenet who got DL before 8th July 2012 after refusal of failed asylum

Moderators can you please advice.

I want to clarify this ASAP

Posted: **Tue Oct 24, 2017 4:13 pm**

ambeey wrote: ↑
Tue Oct 24, 2017 2:54 pm
Hi Luqi2020

Any update about you are you going to apply using SET(o) or FLR (DL) form.

It clearly says on the website

https://www.gov.uk/ukvi-premium-service ... he-service

QUOTE
You also can’t use the premium or super premium service if you’re applying for discretionary leave to remain or humanitarian protection unless:
you’re applying under the transitional arrangements to extend your discretionary leave after 3 years you’re applying to settle in the UK after 6 years discretionary leave
UNQUOTE:

Now the question is what are the "Transitional Arrangements" for this we get the definition from this gov web link

https://www.gov.uk/government/uploads/s ... __v7_0.pdf

Then on page 22 it says :

QUOTE:
Those granted DL before 9 July 2012 may apply to extend that leave when their period of DL
expires. All such applications, including settlement applications under the transitional
arrangements, must be made on the appropriate application form no more than 28 days before
their existing leave expires.
UNQUOTE

I need advice on above please

it clearly confirms that we can use SET (O) form under transitional arrangmenet who got DL before 8th July 2012 after refusal of failed asylum

Moderators can you please advice.

I want to clarify this ASAP

We are in same boat even my timeline is exactly same as yoursi m too much confused logically asylum cases cant use premium but nothing mentione nowhere

if we go for premium lots of fees involved its a huge risk so what do you say

Posted: **Tue Oct 24, 2017 10:53 pm**

ambeey wrote: ↑
Tue Oct 24, 2017 2:54 pm
Hi Luqi2020

Any update about you are you going to apply using SET(o) or FLR (DL) form.

It clearly says on the website

https://www.gov.uk/ukvi-premium-service ... he-service

QUOTE
You also can’t use the premium or super premium service if you’re applying for discretionary leave to remain or humanitarian protection unless:
you’re applying under the transitional arrangements to extend your discretionary leave after 3 years you’re applying to settle in the UK after 6 years discretionary leave
UNQUOTE:

Now the question is what are the "Transitional Arrangements" for this we get the definition from this gov web link

https://www.gov.uk/government/uploads/s ... __v7_0.pdf

Then on page 22 it says :

QUOTE:
Those granted DL before 9 July 2012 may apply to extend that leave when their period of DL
expires. All such applications, including settlement applications under the transitional
arrangements, must be made on the appropriate application form no more than 28 days before
their existing leave expires.
UNQUOTE

I need advice on above please

it clearly confirms that we can use SET (O) form under transitional arrangmenet who got DL before 8th July 2012 after refusal of failed asylum

Moderators can you please advice.

I want to clarify this ASAP

Hi ambeey
I had a meeting last week one of Solicitor in London she said I can use premium service without any doubts on SET O form she concluded some cases recently which all comes under transitional arrangement which is same as our cases and it is clearly written on home office website who can use PERIMIUM SERVICE so I made my mind clear I would make my application through PEO with the help of Solicitor.
Lots of fee involve just application fee is about 2297 plus on the top PEO FEE etc.
If you can read any form there is clearly written please do not apply before 28 Days this is the information for us when to apply so if you extend your leave on time and home office took time to decide your case it comes in your favour in accordance with section 3C (2).

Posted: **Tue Oct 24, 2017 11:07 pm**

Good luck luqi
I m confused because of my wife her 6 years are not completing with me
So i dont know
can we both apply together
Is ur solicitor offer initial free advice

Posted: **Tue Oct 24, 2017 11:11 pm**

mkhari wrote: ↑
Tue Oct 24, 2017 11:07 pm
Good luck luqi
I m confused because of my wife her 6 years are not completing with me
So i dont know
can we both apply together
Is ur solicitor offer initial free advice

Thank you Mkhari
Unfortunately not bro I paid appropiate fee charges

Posted: **Tue Oct 24, 2017 11:13 pm**

mkhari wrote: ↑
Tue Oct 24, 2017 11:07 pm
Good luck luqi
I m confused because of my wife her 6 years are not completing with me
So i dont know
can we both apply together
Is ur solicitor offer initial free advice

When your wife 6 years will be complete is it big difference ?

Posted: **Tue Oct 24, 2017 11:19 pm**

She received ist leave on jan13 then 2nd with me may15 to may 18

First leave inline with my leave

I dont know if i go for premium in december shud i add her as my dependant like b4

Posted: **Tue Oct 24, 2017 11:22 pm**

mkhari wrote: ↑
Tue Oct 24, 2017 11:19 pm
She received ist leave on jan13 then 2nd with me may15 to may 18

First leave inline with my leave

I dont know if i go for premium in december shud i add her as my dependant like b4

What was the duration of first leave ? I mean Intial to expiration.

Posted: **Wed Oct 25, 2017 9:04 am**

ambeey wrote: ↑
Thu Aug 24, 2017 5:07 pm
Hello,
I need some help
I was granted DLR in December 2011 for three years till December 2014.
I applied for renewal in November 2014.
I was granted with another three year DLR in May 2015 to May 2018. They took six months to reply and renew the visa.

Now my visa is till May 2018.

My discretionary leave started in December 2011. If we count 6years from issue date then i can complete 6years on December 2017.

Can i apply ILR in 2nd week of November 2017 or do i need to wait till May 2018.
Kindly give your advice so accordingly i can start preparing my file

Can i use premium service if i want to apply for ILR

Kindly advice when can i apply for ILR

Hi,

You should be able to apply after completing 6 years of DL minus or within 28 days. Yes you can use premium service with application form SET (O) non asylum, if it was a previously failed asylum and you were granted DL, you would use Form (DL), please note i cannot confirm wether you can use the premium service with form (DL), although it does not state anywhere on the form apart from stating it must be sent by postal, on the other hand SET (O) does state that you can use the PSC to book.

Another thing to note is, UKVI may have discretion to disregard the waiting period it takes to grant second DLR as normally DL, is granted outside of the immigration rules. In my opinion you should maybe apply 28 days before expiry of current DL. although i would have thought section 3C would have applied with an in time application. The decision is yours.

please have a read in this thread in regards to someone similar in your position, and there is another link within that thread in a post i made in reply to a question asked by the OP in regards to a member being refused ILR as the 22 months that took UKVI(Home office back then) to grant 2nd DLR, they disregarded it and told the OP to apply 28 days before expiry of (at the time) current leave to remain.

click here

this section has been taken from the DL & Asylum Guidance, V7.0, 18/Aug/2015. It is in regards to anytime waiting for further leave to remain to be considered.

''Any leave accrued whilst waiting for a valid application for further leave to be considered, may
count towards the required period of leave for settlement, providing the application was made
in time and leave was automatically extended in accordance with section 3C(2) of the
Immigration Act 1971. See Section 3C and 3D leave for further guidance''

Again, they are not stating "it will" but rather "may" be count towards the required period. Click here to read fully that guidance.

I hope this helps, Also although i have linked to another thread that is similar to your's please keep all your questions and replies in this thread, so as to not start a topic within another topic. Hope this helps.

Posted: **Wed Oct 25, 2017 9:54 am**

luqi2020 wrote: ↑
Tue Oct 24, 2017 11:22 pm

mkhari wrote: ↑
Tue Oct 24, 2017 11:19 pm
She received ist leave on jan13 then 2nd with me may15 to may 18

First leave inline with my leave

I dont know if i go for premium in december shud i add her as my dependant like b4
What was the duration of first leave ? I mean Intial to expiration.

22/01/2013 to 5/12/14 then
16/6/2015 to 30/5/18
mine was
6/12/11 to 5/12/14 then
16/6/15 to 30/5/18

Posted: **Wed Oct 25, 2017 10:41 am**

CMOSUK wrote: ↑
Wed Oct 25, 2017 9:04 am

ambeey wrote: ↑
Thu Aug 24, 2017 5:07 pm
Hello,
I need some help
I was granted DLR in December 2011 for three years till December 2014.
I applied for renewal in November 2014.
I was granted with another three year DLR in May 2015 to May 2018. They took six months to reply and renew the visa.

Now my visa is till May 2018.

My discretionary leave started in December 2011. If we count 6years from issue date then i can complete 6years on December 2017.

Can i apply ILR in 2nd week of November 2017 or do i need to wait till May 2018.
Kindly give your advice so accordingly i can start preparing my file

Can i use premium service if i want to apply for ILR

Kindly advice when can i apply for ILR
Hi,

You should be able to apply after completing 6 years of DL minus or within 28 days. Yes you can use premium service with application form SET (O) non asylum, if it was a previously failed asylum and you were granted DL, you would use Form (DL), please note i cannot confirm wether you can use the premium service with form (DL), although it does not state anywhere on the form apart from stating it must be sent by postal, on the other hand SET (O) does state that you can use the PSC to book.

Another thing to note is, UKVI may have discretion to disregard the waiting period it takes to grant second DLR as normally DL, is granted outside of the immigration rules. In my opinion you should maybe apply 28 days before expiry of current DL. although i would have thought section 3C would have applied with an in time application. The decision is yours.

please have a read in this thread in regards to someone similar in your position, and there is another link within that thread in a post i made in reply to a question asked by the OP in regards to a member being refused ILR as the 22 months that took UKVI(Home office back then) to grant 2nd DLR, they disregarded it and told the OP to apply 28 days before expiry of (at the time) current leave to remain.

click here

this section has been taken from the DL & Asylum Guidance, V7.0, 18/Aug/2015. It is in regards to anytime waiting for further leave to remain to be considered.

''Any leave accrued whilst waiting for a valid application for further leave to be considered, may
count towards the required period of leave for settlement, providing the application was made
in time and leave was automatically extended in accordance with section 3C(2) of the
Immigration Act 1971. See Section 3C and 3D leave for further guidance''

Again, they are not stating "it will" but rather "may" be count towards the required period. Click here to read fully that guidance.

I hope this helps, Also although i have linked to another thread that is similar to your's please keep all your questions and replies in this thread, so as to not start a topic within another topic. Hope this helps.

Dear CMOSUK ,
what do you think about my case scenario
I have confirmation with the help of MP and home office confirm that
Mr Mkhari has the option to apply for Indefinite Leave to Remain once he has completed six years Discretionary Leave.

when i raise query i write everything that shall i need to apply before 28 days of expiry or as soon 6 years complete

Posted: **Wed Oct 25, 2017 10:46 am**

Can both of you please continue in the topic you are already posting in together instead of hijacking and tagging onto another members topic to continue the same discussion.

indefinite-leave-to-remain/ilr-after-6- ... 39865.html

[quote=mkhari post_id=1553402 time=1508921658 user_id=82721]
[quote=luqi2020 post_id=1553304 time=1508883738 user_id=179687]

Posted: **Wed Oct 25, 2017 12:36 pm**

Hi luqi2020

Thanks for reply and sharing the consultation. I also had discussion with different solicitors some say u can use SET (O) and some say you can not. I am very confused. I booked an appointment with premium service in case i need to go ahead with premium service as appointments are not available and i paid extra £75 to book appointment.

Now i have one doubt, one of the solicitor said that if they didnt accept your file on SET (O) they notmally return the home office fee. So you will loose only premium service fee.

But recently i saw one post on this board where home office have refused the application because of using the wrong form and that person lost all the fee paid including appliation fee.

This is shocking because if they will completely refuse and we lost the whole fee then its big loss for me as i will be applying alongwith my dependant.

I am really worried and cant decide.

Can some miderators advice on this issue please.

Posted: **Wed Oct 25, 2017 1:14 pm**

Dear ambeey

you didnot share your full story were you failed asylum before first grant of leave
and what date you booked premium appoinment it suppose to in december am i correct

yes i also read that post someone lose his full fees thast shocking we are also confuse

Posted: **Wed Oct 25, 2017 2:24 pm**

Hi
I got DL after failed asylum on Article 8
My appointment is booked in November as we can apply before 28 days of completing 6 year DL

Please advice if i am wrong

Can moderates please give some advice as well

Posted: **Wed Oct 25, 2017 2:37 pm**

My understanding is, you need to apply on form FLR(DL) as you got DLR after a failed asylum application.

https://www.gov.uk/government/uploads/s ... -04-17.pdf

Posted: **Wed Oct 25, 2017 4:07 pm**

Hi,

Thanks for reply, but it comes under the transitional arrangement as my DL was issued before 9th July 2012.
I have checked previous posts and you have advised one of the member to use SET (O) because it comes under the transitional arrangements.

Can you please clarify

Posted: **Wed Oct 25, 2017 5:18 pm**

I spoke with almost 50 soliciotors
50% agreed that we could apply for ILR on premium but not before 28 days exactly after compeleting 6 years and
my wife could also apply as my dependant and we need to use SET O

in these 50% few of them solicitor said if application become invalid or reject they will not charge their fees and that solicitor are from 2003 according to law society
few of them told home office will deduct premium fees 590 times 2 + 25 times x 2 and refund remainder
few of them said all fees will waste if they reject if we used wrong form because they will consider application then reject

25% said i must need to used FLR(DL) and i could apply after 6December 14
25% said i must need to apply 28 days before Expiry
and use FLR DL

Posted: **Wed Oct 25, 2017 8:18 pm**

Hi,

Thanks for detailed reply.

What would you advice now.

Even if they rejected what are the chances to claim refund from them because on the government websites there are few evidences which shows we can use SET O form and does not say anywhere that we can not use it . So if we try to claim back what will be the chances.

Any guesses

Posted: **Wed Oct 25, 2017 9:48 pm**

ambeey wrote: ↑
Wed Oct 25, 2017 8:18 pm
Hi,

Thanks for detailed reply.

What would you advice now.

Even if they rejected what are the chances to claim refund from them because on the government websites there are few evidences which shows we can use SET O form and does not say anywhere that we can not use it . So if we try to claim back what will be the chances.

Any guesses

My opinion is
Its Home office policy that if someone applied on wrong form then they have to give applicant 10 days to apply on right form or reject application as invalid its rules link below

[https://www.gov.uk/government/uploads/s ... .pdf#page5]

So logically speaking even if we apply on set o and take premium servies they should refund our fees after deduction of admin charges

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