Indefinite leave to remain ILR in UK

[MAHI87]

Hi I have been living in the UK since march 2000 all legal stay - currently I am on discretionary leave to remain till dec 2012.. this is the second time i have been granted discretionary leave for a period of 3 years.
My question is - If I apply for Indefinite leave to remain in March this year , after completion of 10 yrs of legal stay, would there be any issues? am i eligible to apply?

thanks

[MAHI87]

Hi there..is there anyone who can answer my previous question about ILR pl..time is running out..

P.S. there have been 149 views..

[Wanderer]

U r usually granted DL if u were not legal at the time AIUI....

[geriatrix]

P.S. there have been 149 views..

Means that none of the 149 had an answer or anything to suggest!

regards

[MAHI87]

Thanks for the reply..Wanderer!!! I have always submitted my paperwork thru solicitors BEFORE any of my visas ran out. I presume that while my case was being considered, it is considered "legal stay". There have been no gaps etc as well..

I also need to know which form to use to apply for ILR after 10 years of legal stay..cheers..

P.S. sushdmehta - ur powers of deduction are awesome!!! do u work for CSI Bathinda!!! :-)

[geriatrix]

do u work for CSI Bathinda!!!

SEO with CRT17 that deals with long residence settlement cases.

1. Are you on "Discretionary Leave" or "Leave outside the Rules (LOTR)"? If the latter, do immigration policy concessions apply?
2. What was your immigration status between 2000 and 2006?

regards

[MAHI87]

The detail of my immigration stayand other relevant details are as follows:

1) came to uk in Apr2000 - 1 yr spouse visa
2) marriage didnt work out - applied for stay here before apr 2001 off my own.
3) application declined as per rules.
4) appealed decision before the stipulated date.
5) Adjudicator allows my appeal to stand and allows me to stay - oct 2004
6) Home office appeals against adjudicator's decision - oct 2004
7) A 3 Judge tribunal rules in my favour and gives me a 3yr desretionary leave DLR(exceptional circumstances) - june 2006 till jun 2009
8) applied for extension to my DLR in june 2009
9) got extension(DLR) for another 3 yrs till dec 2012.

hope the details are enough. pl let me know if i hav missed out anything..

Thanks

[geriatrix]

Discretionay leave is a generic term which can be applied in cases related to Humanitarian Protection, European Convention of Human Rights, exceptional compassionate/compelling circumstances, and also when leave is granted "outside" the Immigration rules.

You'll have to dig into your case judgments and ascertain (if you are not yet aware) what is the basis of your (discretionary) leave, i.e.- whether it has been granted within the provisions of immigration rules or outside of them.

regards

[MAHI87]

It was defined as "although it is outside the rules, it has been decided to grant you a limited leave to remain here..."

I believe it was orignally granted on basis of my life in UK and exceptional circumstances..

[geriatrix]

It was defined as "although it is outside the rules, it has been decided to grant you a limited leave to remain here..."

I believe it was orignally granted on basis of my life in UK and exceptional circumstances..

Clearly, Leave outside the rules (LOTR), at the discretion of Secretary of State. Not good news, I am afraid!

The granting of limited LOTR should not convey any expectation of further leave or eventual settlement. As soon as the period of limited LOTR comes to an end, the person will be expected to leave the UK unless he applies to extend his leave, or has an entitlement to remain on some other basis.

Consult a competent legal brain and get his opinion if your "compelling circumstances" are compelling enough to apply for Indefinite LOTR. Because, AIUI, settlement under immigration rules (e.g. - 10yr. long residence) cannot be claimed on LOTR since leave was never granted on basis of UK Immigration rules. That is why they have what is called "Indefinite LOTR".


regards

[MAHI87]

Thanks for your advice..I will consult a proper solicitor before i make any move. I chose to stay here in UK bcoz of my job and i like it here. but if I am not likely to get it in this year, even after my 10 yrs here, I will have to consider moving countries..

hopefully it will wotk out here only..thanks a lot once again..

[geriatrix]

Glad that this "CSI Bhatinda" could offer you a little guidance.

All the best!


regards

[MAHI87]

It is a "miles to go before i sleep" moment again..but on this journey, it is good to come across an intelligent person with a good sense of humour as well..

[MAHI87]

Hi sushD,

I was granted my Discretionary Leave to Remain under "Article 8 of the ECHR (right to private and family life)" and not under "Leave Outside the Rules"..

Does that make it acceptable to apply in my case for indefinite stay under the legal long stay of 10 years?

Look forward to your reply..Thanks..

[MAHI87]

Hi SushD again..found this on the home offive website..this says i can apply for indefinite leave after 10 years at the latest..

Discretionary leave

If we do not recognise you as a refugee or a person who qualifies for humanitarian protection, we may give you another type of temporary permission to stay in the UK. This permission is called 'discretionary leave to remain'. How long you are allowed to stay will depend on your circumstances, but it is unlikely to be more than three years initially.

We will only give you discretionary leave to remain in limited circumstances. If you apply to renew it when it expires, we will review your circumstances before deciding whether to give you further permission to stay. See Active review for more details. You will not be able to apply for permanent residence until you have lived in the UK for at least six years (or 10 years in some cases). To extend your residence permit or apply for permanent residence, you will need to complete application form HPDL .........

pl advise..regards

[MAHI87]

Hi SushD/others,

Pl respond to my Feb 28 posts..i need to take action within the next week..

regards..

[Wanderer]

Easier to wait till 2012 and apply for ILR then, looking at ur posts it's not clea if u were legal from the breakdown of ue marraige to the grant of DL. The fact that u normally can't switch from marriage visa and DL was granted to mean implies the HO won't consider you legal until the first grant of DL.

I'm not sure tho - best you talk to a good immigration lawyer, not a cheap one, one with a reputation...

[MAHI87]

Thanks for your reply..I applied on the correct application forms etc through a solicitor before any of my visas ran out.

As per the solicitors I went thru, all such stay is considered legal and as such, i enjoyed all the rights etc which were applicable to me at the time of the visa.

I wouldn't want to wait till 2012 dec as I have got permanent residency in Canada at the moment and I have to decide in this year itself(preferably before sept) whether to move there or not, otherwise, I would lose my residency there.

Any ideas on which solicitor to go thru? if it is not appropriate to mention it here, pl email me at highbury11@hotmail.co.uk