Applying for indefinate leave to remain after 6 years discretionary leave

[Ahmed1994]

Good evening,
I came to uk when I was 12years and 2 months old. In 2006 March. My DOB:20/01/1994. I claimed asylum in 2006 (had interviews between 2006 and 2007 but nothing after that) it was pending till 2012. One day in 2012 (sorry don’t remeber the exact date but it was either end of June, July date) my solicitor called me saying I was granted discretionary leave to remain when I was 18 years old for 3 years outside immigration rule.(exact date on my biometric card was 02/08/2012) I wasn’t given any reason and I never asked. Expired on 01/08/2015. I Renewed my biometric card (I literally just filled the FLR form and sent it with my passport and previous biometric card and driving license as proof of address, it took the home office 3 Months to make decision. I was granted further 3 years discretionary leave to remain on 15/11/2015 and will expire on 14/11/2018. I never left UK since I moved here and have full time job.

My question is can I apply for indifinate leave to remain as I have lived in UK under discretionary leave for 6 years. Also how do I get the first letter was issued to me for my discretionary leave? (Please note my solicitor that helped me is no longer trading and he had all my paperwork, he just disappeard in 2014 ) only paperwork I have is my biometric card and proof of residency such as bank statement and bills. I know rule changed in 9th of July 2012 and if you were issued discretionary leave after that you will get only 2.5years discretionary leave and wait 10years before indefinite leave. But home office gave me 3 years discretionary leave TWICE (date mention above) . So I’m not sure if my discretionary Leave was issued before 9th July 2012 or after . My solicitor never mentioned about discretionary leave so I don’t think he even applied for that, I guess home office decided to give me discretionary leave based on how long I stayed in uk ? I didn’t pay any fees to get my first 3 years discretionary leave.

Is there anyway I can contact the home office to find out why I was given discretionary leave and when? Without getting a lawyer. Yes it’s obvious that I was issued my first card on 02/08/2012 but i know for sure I had to give my passport and picture to my solicitor before I got my biometric card and I know that took couple of weeks for home office to process and send me biometric card. I enrolled into biometric at post office.


Also i want to apply for university in 2018 Sep, i will be applying for student finance based on living in uk for more than half life under 25. Question is do I just apply normally on student finance website or I have to fill special form or something ? Would I get Loan for living expenses? Lastly I went uni when I was 18 years old for 7months but university suspended my education because I couldn’t get student finance. Will that have any problem when applying for uni?

Thank you for reading my question.
Any help will be much appreciated

God bless you all,

Kindest regards
AHMED

[mkhari]

One solution is you can request subject access report
[https://www.gov.uk/government/publicati ... mmigration
In which write a to z history]

[krisbol17]

If the date on your Biometric Card is 02/08/2012, I strongly suspect THAT is the actual start date of your DLR too.

My first DLR was also outside immigration rules, no other reasons were mentioned and I'm applying soon for ILR, not too sure yet what reasons I will put on the form.

Q1) I have read different responses on here whether UKBA considers that time it took for them to decide. I know it's a long time to wait to Nov 2018 but I would err on the side of applying within 28 days of 14/11/2018. This way you will have had at least 6 years already as well as within 1 month of expiry. And by the way it's the form FLR(DL) as your asylum case was refused and you were granted DLR instead, same case as me.

Q2) Not sure about your 2nd question. Maybe contact UKBA?

Q3) It's when you applied on or before 9th July 2012, not when they grant you hence why they gave you 3 years and not 2.5 years because you applied before that date.

Q4) Again, not sure about this. I suspect it might take long for them to give you that info? I'm sure some members of this forum will assist.

Q5) Last time I checked (maybe it's changed) is that you must have Indefinite Leave at least to be considered for Student Finance, doesn't matter whether you have lived in the UK for more than half your life or your whole life. So you must have Indefinite Leave to Remain (Settlement) for Student Finance, there is no way around that! Only thing I know is in Northern Ireland, they will consider you as home student, I know it because it was my case, I paid Home Student Fees myself ~ £3,450 a year (in intallments) for a 4 year Masters at Queen's University Belfast.

I hope I have answered your queries.

[afrogal7]

If the date on your Biometric Card is 02/08/2012, I strongly suspect THAT is the actual start date of your DLR too.

My first DLR was also outside immigration rules, no other reasons were mentioned and I'm applying soon for ILR, not too sure yet what reasons I will put on the form.

Q1) I have read different responses on here whether UKBA considers that time it took for them to decide. I know it's a long time to wait to Nov 2018 but I would err on the side of applying within 28 days of 14/11/2018. This way you will have had at least 6 years already as well as within 1 month of expiry. And by the way it's the form FLR(DL) as your asylum case was refused and you were granted DLR instead, same case as me.

Q2) Not sure about your 2nd question. Maybe contact UKBA?

Q3) It's when you applied on or before 9th July 2012, not when they grant you hence why they gave you 3 years and not 2.5 years because you applied before that date.

Q4) Again, not sure about this. I suspect it might take long for them to give you that info? I'm sure some members of this forum will assist.

Q5) Last time I checked (maybe it's changed) is that you must have Indefinite Leave at least to be considered for Student Finance, doesn't matter whether you have lived in the UK for more than half your life or your whole life. So you must have Indefinite Leave to Remain (Settlement) for Student Finance, there is no way around that! Only thing I know is in Northern Ireland, they will consider you as home student, I know it because it was my case, I paid Home Student Fees myself ~ £3,450 a year (in intallments) for a 4 year Masters at Queen's University Belfast.

I hope I have answered your queries.

This is incorrect. OP I hope you have applied for SFE because you are eligible. They introduced new categories two years ago, and you fall under the 'Long residence' category. (https://www.ukcisa.org.uk/Information-- ... layer-6082)

I was in the exact same position (6 years DLR) last year in September and they finally approved my application last month. However it is a difficult process, it took me 9 months to get an approval because you need to be able to prove (lots of evidence e.g school letters, exam certificates, pay slips, p60s, bills etc) that you have lived in the country for half your life and they are generally very slow. It might be easier to make the application once you get your ILR as they do allow late applicants, and it will save you the hassle and stress I went through.

[CMOSUK]

If the date on your Biometric Card is 02/08/2012, I strongly suspect THAT is the actual start date of your DLR too.

My first DLR was also outside immigration rules, no other reasons were mentioned and I'm applying soon for ILR, not too sure yet what reasons I will put on the form.

Q1) I have read different responses on here whether UKBA considers that time it took for them to decide. I know it's a long time to wait to Nov 2018 but I would err on the side of applying within 28 days of 14/11/2018. This way you will have had at least 6 years already as well as within 1 month of expiry. And by the way it's the form FLR(DL) as your asylum case was refused and you were granted DLR instead, same case as me.

Q2) Not sure about your 2nd question. Maybe contact UKBA?

Q3) It's when you applied on or before 9th July 2012, not when they grant you hence why they gave you 3 years and not 2.5 years because you applied before that date.

Q4) Again, not sure about this. I suspect it might take long for them to give you that info? I'm sure some members of this forum will assist.

Q5) Last time I checked (maybe it's changed) is that you must have Indefinite Leave at least to be considered for Student Finance, doesn't matter whether you have lived in the UK for more than half your life or your whole life. So you must have Indefinite Leave to Remain (Settlement) for Student Finance, there is no way around that! Only thing I know is in Northern Ireland, they will consider you as home student, I know it because it was my case, I paid Home Student Fees myself ~ £3,450 a year (in intallments) for a 4 year Masters at Queen's University Belfast.

I hope I have answered your queries.

This is incorrect. OP I hope you have applied for SFE because you are eligible. They introduced new categories two years ago, and you fall under the 'Long residence' category. (https://www.ukcisa.org.uk/Information-- ... layer-6082)

I was in the exact same position (6 years DLR) last year in September and they finally approved my application last month. However it is a difficult process, it took me 9 months to get an approval because you need to be able to prove (lots of evidence e.g school letters, exam certificates, pay slips, p60s, bills etc) that you have lived in the country for half your life and they are generally very slow. It might be easier to make the application once you get your ILR as they do allow late applicants, and it will save you the hassle and stress I went through.

I would like to also add that student finance/EMA(Scotland and N.I)/bursary are not public funds for the purposes of immigration. However each carries its own set of eligibility rules and criteria depending where you are located in the UK.

for reference i have included the public funds guidance based on the immigration rules (click it)

[krisbol17]

Thanks @afrogirl, i didnt know that.