Page 1 of 1
ILR after 3 plus 3 years DLR granted before 9 July 2012
Posted: Tue Apr 03, 2018 12:02 pm
by bjurash
I have been leaving in the UK since 1992 when I applied for Asylum. My Asylum was refused few years later. After I applied for SET(o) and few years later it was refused. I appealed and under Article 8 (private life and long residence) ECHR and my appeal was upheld and I was granted DLR for 3 years under the transitional rules. When my DLR expired I applied for an extension on FLR(o) form and was given an other extension of the DLR for 3 more years. on the 9th of May 2018 my DLR expires.
I presume that my case, even though it is, Article 8 (private life and long residence), is not an ECHR case for the application purposes?
Can you please advise me what route I should take, I am married to an Italian citizen who has been residing and working with me in the UK for 5 years.
Is the SET(O) the right form and under what category?
If the SET(O) is the right form, can you please advise me what grounds I should be setting in my application. Should I emphasize the same grounds as in my upheld appeal and consequent DLR application and only mention my marriage to an EU citizen as a supporting ground?
DLR instead of ILR after 3 plus 3 years DLR granted before 9 July 2012
Posted: Tue Apr 03, 2018 12:09 pm
by bjurash
Can I make an application for DLR, is it a good idea?, after 3 plus 3 years DLR granted before 9 July 2012. And then while having my DLR apply for ILR?
Re: ILR after 3 plus 3 years DLR granted before 9 July 2012
Posted: Tue Apr 03, 2018 6:50 pm
by CMOSUK
bjurash wrote: ↑Tue Apr 03, 2018 12:02 pm
I have been leaving in the UK since 1992 when I applied for Asylum. My Asylum was refused few years later. After I applied for SET(o) and few years later it was refused. I appealed and under Article 8 (private life and long residence) ECHR and my appeal was upheld and I was granted DLR for 3 years under the transitional rules. When my DLR expired I applied for an extension on FLR(o) form and was given an other extension of the DLR for 3 more years. on the 9th of May 2018 my DLR expires.
when where you granted your first DLR? If a date could be provided.
I presume that my case, even though it is, Article 8 (private life and long residence), is not an ECHR case for the application purposes?
DLR is granted outside of the Immigration Rules, normally after a refusal of leave to remain that may have been applied before being granted DLR and you did not meet the immigration criteria to be granted under that route , but UKVI may have considered other factors that DLR was appropriate in your case.
Can you please advise me what route I should take, I am married to an Italian citizen who has been residing and working with me in the UK for 5 years.
you will have to complete 6 years DLR (if granted before 9 July 2012), starting from your first grant of DLR. You may apply for settlement/ILR 28 days before or within 28 days of completing 6 yeses DLR
Is the SET(O) the right form and under what category?
yes, SET(O) and you would tick the '' Other purposes or reasons not covered by other applications forms''
If the SET(O) is the right form, can you please advise me what grounds I should be setting in my application. Should I emphasize the same grounds as in my upheld appeal and consequent DLR application and only mention my marriage to an EU citizen as a supporting ground?
you should mention you are applying for an application of ILR based on 6 years DLR and how you married to an EU partner as well as any other information that may help your application, such as children born here, remember this all should be backed up with original documents, you will also need to show cohabitation documents for you and yiur partner to prove you have been living together.
Hope this helps somewhat.