Apply for Long Residence with Discretionary Leave to Remain

[chopchop]

Hi All, Thanks in advance for your time!
I entered UK in 1999 as a student, in 2007 married a British Citizen. By mistake I overstayed 1 month so the UKBA refused to my spouse visa application without appeal rights and asked me to leave the country. After a long correspondence (2007-2011) with UKBA I was granted Discretionary Leave (3 Years), which will expire in 2014. Within this period I would have spent 14 years. I was not sent any deportation/removal notices (2007-2011). My question is Will I be entitled to apply for ILR under the Long Residence category?

Thanks again.

[diggingdeep]

Did you get any remove notice? Removal notice in effect stop the clock ( means you can apply for 14 year concession). Discuss you issues with competence solicitor.

[Obie]

I believe you should be fine.

[chopchop]

Thanks guys. I didn't get any removal notice. All they said I should make preparations to leave immediately and if I do not then they will have to take action to remove me. Anyways... I will speak to a solicitor before I make the application.

Thanks a lot.

[Greenie]

Thanks guys. I didn't get any removal notice. All they said I should make preparations to leave immediately and if I do not then they will have to take action to remove me. Anyways... I will speak to a solicitor before I make the application.

Thanks a lot.

did you get a notice of liability for removal?

[diggingdeep]

I agree with Obie you should be fine.

[attiqurrahman786]

Hi All,
I hope someone replies on this old post.
Actually i have exactly the same problem.

Came in uk in sept 2004. until Feb 2012, I stayed as a student and never overstayed or became illegal.

In March 2012, I applied for Asylum on article 3, on the basis of medical conditions of my son.

in July 2014, I was granted discretionary leave for three years until Dec 2016.

My question is that am I eligible for ILR and will my time as a asylum seeker will count towards 10 years long stay.

If I am eligible for ILR on 10 years long stay basis, which form must I use for my settlement.

If applying on SET(LR) (10 year long residence ) Home office can say that I have discretionary leave and must apply on FLR(DL) for a settlement.

If I apply for settlement on FLR(DL) , then Home Office can say that I have not completed 10 years of discretionary leave so need to apply on SET(LR).

Also my son was born in Feb 2005. do i need to apply for his ILR as well or can I apply for his Passport. If yes which form do i need to use to apply for British Passport.

Please advise.

Thank you