Discretionary Leave To Remain

[Shaun Facey]

Can someone help me with these two questions:

I will be hear for 9 years and 11 months and 8 days legally on may 5, 2007 can I apply for Long Residence although I am 27 days short of the 10 years required?

I got discretionary leave to remain status for 3 years now, it will expire in May 2007, now I am married to a British Citizen, do I have to wait until the discretionary leave ended before I can apply for extension?

Please Help!

[John]

It is not clear from what you post, when did you get your DLR?

Do appreciate that in order to make an application under the 10-year rule, you have got to have been "legal" in the UK for the 10 year period, well actually 10 years less 28 days.

So can you detail your UK immigration history? And by the way, when did you get married? And why did you not apply for a 2-year spouse visa shortly after the marriage?

[Shaun Facey]

It is not clear from what you post, when did you get your DLR?

Do appreciate that in order to make an application under the 10-year rule, you have got to have been "legal" in the UK for the 10 year period, well actually 10 years less 28 days.

So can you detail your UK immigration history? And by the way, when did you get married? And why did you not apply for a 2-year spouse visa shortly after the marriage?

Can someone help me with these two questions:

I will be hear for 9 years and 11 months and 8 days legally on may 5, 2007 can I apply for Long Residence although I am 27 days short of the 10 years required?

I got discretionary leave to remain status for 3 years now, it will expire in May 2007, now I am married to a British Citizen, do I have to wait until the discretionary leave ended before I can apply for extension?

Can I apply for the 10 years long term, still I am 28 days short of the 10 years required

[John]

I will be hear for 9 years and 11 months and 8 days legally on may 5, 2007 can I apply for Long Residence although I am 27 days short of the 10 years required?

As you say you got your DLR 3 years ago, can you explain why you are saying you were "legal" before the grant of that DLR?

Again, can we have your UK immigration history?

[Shaun Facey]

I will be hear for 9 years and 11 months and 8 days legally on may 5, 2007 can I apply for Long Residence although I am 27 days short of the 10 years required?

As you say you got your DLR 3 years ago, can you explain why you are saying you were "legal" before the grant of that DLR?

Again, can we have your UK immigration history?

I was on student Visas. When I finished, I applied for Indefinite leave to remain and it was refused. So I appeal and they grant me discretionary leave.


I have applied for leave to remain as a spouse and it was refused, because I was granted discretionary until may 2007. It didn't allow me to appeal because I got 6 months left on my visa. I was adviced to apply for spouse visa. Reading all the immigration rules I notice that some application will not be process unless it fall in the less than 28 day left on your visa, so I think I might have apply too early.
Question: Can I re-apply for Leave To Remain as a spouse, closer to the end of the discretionary leave?

[John]

So I appeal and they grant me discretionary leave.

Excuse me asking, on what basis did they grant the DLR? I am just trying to get my head around this.

As regards the 10-year application, as made clear on the form SET(O), the application can be made up to 28 days before the 10th anniversary of arrival in the UK.

Given that you will be applying on or after 02.04.07 you are no doubt aware that you need to enclose a pass certificate from the Citizenship Test when you apply for your ILR.

You mention spouse visa. Surely better to go for ILR rather than a 2-year spouse visa.

Once you have got your ILR it looks like you can immediately apply for Naturalisation, given you are married to a British Citizen.

[Shaun Facey]

So I appeal and they grant me discretionary leave.

Excuse me asking, on what basis did they grant the DLR? I am just trying to get my head around this.

As regards the 10-year application, as made clear on the form SET(O), the application can be made up to 28 days before the 10th anniversary of arrival in the UK.

Given that you will be applying on or after 02.04.07 you are no doubt aware that you need to enclose a pass certificate from the Citizenship Test when you apply for your ILR.

You mention spouse visa. Surely better to go for ILR rather than a 2-year spouse visa.

Once you have got your ILR it looks like you can immediately apply for Naturalisation, given you are married to a British Citizen.

All my immediate family are here in the UK.