Discretionary leave to remain overstayer with 2 British chil

[Jtanishaj]

Hello everyone, I'm just wondering if there's anyone who can offer me a bit of advice.

I came to the UK in 2001 as a visitor, I then applied for a student visa which was granted but expired before I actually received my passport from the home office. After chasing it for a while and getting my MP involved, I finally got my passport in 2005. My son was born in 2004, I made an application for discretionary leave to remain, this was refused on the grounds that I'd overstayed my student visa. I went to a tribunal and was successful appealing the decision. I was then granted discretionary leave to remain for 3 years, I applied again in 2010 and was granted further leave to remain until June 2013..so that would have been 6 years on discretionary leave.

However in 2010 my relationship with my children's father broke down, he tried to evict me and my children from the property even though he'd never lived with us and the property was bought solely for myself and the children. I contacted a solicitor and was told to make a shedule 1 application, I also applied for a removal from the jurisdiction. The application to remove the children was fought vigourously and my ex managed to convinced the courts he wanted to be a part of the children's lives so this application was adjourned pending the schedule 1 application. My ex has done everything to delay the schedule 1 proceedings, which have gone on since 2011. Only to discover yesterday when we returned to court that he has exploited all the equity in the property and is offering periodical payments on the basis that I move into rented accommodation and remain in the country.


Since then my visa has lapsed, as I've received only £5 per week via the csa as he got a variation on the basis he was paying the mortage. All my income has been used to pay bills, legal aid contribution and support my children. I had/ have no spare money to pay for the a visa application. I raised the issue of my immigration status with the courts and my solicitors several times, but this was completely disregarded.

Now I'm in a very precarious position, I have no legal stay in the UK, my ex has refused to return my children's passports after taking them on holiday over the summer. I'm basically about to be made homeless and I have no where to turn, I'm not sure if I've got any grounds to apply on or even what form to apply on. After my recent experience with the family the family court, I'm terrified I'll be refused a visa as well as lose my children if I'm forced to leave the UK.

Does anyone have any advise that might help me or could suggest what form I might use to make an application? Sorry for the long essay, as can be imagined I'm panicking so much.

[vinny]

If your son isn't British, then he's entitled to register.

Why didn't you make an application for ILR shortly prior to your DL's expiry in June 2013?

[Jtanishaj]

If your son isn't British, then he's entitled to register.

Why didn't you make an application for ILR shortly prior to your DL's expiry in June 2013?

Both my children are British citzens and hold British passports.

I didn't make an application due to my financial circumstances, I thought there would be a financial settlement.

[vinny]

I think that you may make a FLR(FP) application (10 year route) on the basis of being a parent to your two British children.

[vinny]

You may also qualify for SET(O) (outside the rules), as you have completed six years under DL. As DL was granted outside the rules, I'm not sure if there's a requirement to make the SET(O) application in-time after the completion of six years.

[Obie]

Similar to Paragraph 287 of the immigration rules, there is no requirement that the person who has completed a period of 6 years on Discretionary Leave to remain, will need to have an extant leave, in order for them to qualify for settlement.

[vinny]

Thanks, Obie. I was thinking along the same lines (7).

[Jtanishaj]

Thank you guys so much for your response, I'm still unsure as to what forms I should use or even if I might be qualified to apply for ILR or maybe going for a DLR all over again?

[vinny]

Try SET(O). State that you have completed six years under DLR, as required.