Discretionary Leave advice PLS HELP

[jamal16]

Your advice will be much appreciated

My partner was an overstayer and his appeal was heard in July 2012, his appeal was allowed in August 2012 based on Article 8. He was given discretionary leave to remain, we received a letter confirming this and the leave to remain card in March 2013 which was valued until June 2015. We applied for the extension in June 2015 and have received a letter in August 2015 confirming that the extension has been approved valued from August 2015 to August 2018 and we should receive the card shortly. We believed the first leave was for 2.5 yrs but the extension has been granted for 3 yrs. My question is.. Do we calculate from when the judge made his decision (in writing, Aug 2012) or from when we received the biometric card (March 2013) as the card and letter only has an expiry date and no valued from date? Are we therefore following the 6 yr route or 10 yr route? If we are following the 6 yr route what will happen in August 2018, will we have to apply for another extension for 6 to 9 months to get to the 6 years.

Please advise, thanking you in advance

[somer1]

I thing you need to apply for one more 2.5years leave to remain then when you have 6 years stay apply for IRL,thanks

[jamal16]

Thank you for your reply. In order to know when it has reached 6 years do we calculate from when the judge made his decision in writing, which was Aug 2012.

[somer1]

I would canculate 6 years from when first biometric card was issued.

I have similar situation,i did apply first time with help of lawyer on a basis artical 8 as my daugther is British.First biometric card was valid for 2years and 5 month.It is going to expire soon and i have to find correct form to complite as no money to pay for laweyr and NHS charges.My partner is British.I am not sure,is it should be FRL(M) for unmarried partner or i can still use FRL(O) discretionaly leave to remain on basis my dauther is British?

Which form did you fill out when apply for biometric card second time?

[jamal16]

We used a lawyer and form FLR (O) was used for our extension. So when new leave to remain runs out my partner would have completed 5 years, 5 months and we will pay the home office fees and healthcare surcharge all over again for a 7 month visa, when home office could have clearly issued two 3 year visas (6 yr route) instead of the first one being for 2 years 3months. seems unfair but will have no choice. good luck with your case.

[Amber]

What period of leave were you granted?

[jamal16]

The first leave my partner got was from March 2013 to June 2015 he has now been granted an extension from August 2015 to August 2018.