Discretionary leave for children and Public Funds

[kamali]

Case reference:
Case of SM and TM and JD and Others v SSHD [2013] EWCA 1144 (Admin).

Please let me know how can I make a representation to Home Office asking them to replace the existing DL of my children to ILR based on the outcome of the judicial review of the above case and the facts below.

My children were born in the UK, age 7 years, 5 years and 3 years. Children were granted 3 years limited (discretionary) leave to remain in September 2011, expiring in September 2014.

I also have Limited leave to remain, expiring September 2014. I made my application before 9 July 2012.

I need help with:

1)
Making representation to Home Office asking them to convert my children's DL to ILR or do I have to go for Judicial Review for this?

2)
My leave to remain was granted with "No Public Funds" and "Work Permitted".
My understanding is, for applications submitted before 9 July 2012, if DL granted, even after 9 July 2012, condition of "No Public Funds" should NOT be on the leave - Am I right?
If I'm right, how can I get the condition removed from my leave now?

3)
After how long I will be eligible for my ILR?

4)
On the leave of my children, it doesn't say "No Public Funds" or similar - Am I allowed to apply for some benefits related to children? What should I do? Where should I go?

I will really really appreciate your help.

Best wishes

[Amber]

When were you actually granted DLR?

[kamali]

Hi,

I was granted leave to remain in May 2013, application sent before 9 July 2012.

Regards

[Amber]

New rules I'm afraid, you don't have DLR, a 10 year route to settlement, extending every 2.5 years. You don't have access to public funds, but can request it in the child's best interest/welfare.

[kamali]

Hi Amber, thanks for your reply.

OK, but I sent my application before 9 July 2012 and on the letter I received from HO, it says (in short):
NOTICE OF DECISION
VARIATION OF LEAVE
It has been decided to grant you leave on a discretionary basis in line with your children.

Please note:
Children were granted 3 years leave in September 2011 [old rules applies I guess...]
I applied in July 2012
I got my leave in May 2013
and now we all have the same expiry date.

1)
If HO granted me leave on a discretionary basis in line with my children,
I think old rules should apply to my leave also? May be I'm wrong...

2)
Before expiry of our leave, what form do we all need to fill in and for what? FLR?

- and - basis on the outcome of Case of SM and TM and JD and Others v SSHD [2013] EWCA 1144 (Admin),
how can I make representation to Home Office asking them to convert my children's DL to ILR?

3)
When will I be able to apply ILR for my Children and for myself?

4)
How can I request to remove the NRPF condition from my leave? Could this can effect my (FLR) extension application?

I will really appreciate your replies to each of my queries and thank you very much for your help so far.

very best wishes and take care,

[Amber]

For you, I'm afraid it is the date of granting leave to remain that is important:

Where a decision is made on an Article 8 application on or after 9 July 2012:

(i) Where Article 8 family life leads to a grant of leave, a period of 30
months‟ leave will be granted under the 10 year family route if the
requirements of paragraph EX.1. are met (subject to the suitability
requirements).

(ii) Where Article 8 private life leads to a grant of leave, a period of 30
months‟ leave will be granted under the 10 year private life route if the
requirements of paragraphs 276ADE - DH are met (subject to the
suitability requirements).

To change your BRP status and gain access to public funds see here (click).

The children as on DLR you can just quote the case mentioned previously and the Supreme Court case of ZH (Tanzania) v SSHD [2011] UKSC 4 and HH and Others [2012] UKSC 24 and 25 highlighting the children's best interests must be a primary consideration in all decision-making about them or affecting them. They would be applying on SET(O).

[kamali]

Thanks,

If I request for a change of conditions of leave to gain access to public funds, will it affect my application for FLR?

Regards

[Amber]

It shouldn't.

[kamali]

Dear Amber,

Thank you for your time.

re: case of SM & Others v SSHD [2013] EWHC 1144 (Admin),
Children were granted discretionary leave for a period of 3 years in accordance with the policy of October 2009, I'd like to have your advice on the viability of an application for such discretionary leave to be converted to indefinite leave to remain.

Best wishes