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extension after 3-Year of discretionary leave

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shazi-uk
Junior Member
Posts: 55
Joined: Tue Aug 08, 2017 2:16 pm
Mood:
United Kingdom

Re: extension after 3-Year of discretionary leave

Post by shazi-uk » Tue Oct 24, 2017 7:35 pm

mkhari wrote:
Tue Oct 24, 2017 3:43 pm
they said
wife has been granted a period of 3 years DL inline with husband with an expiry of 5/12/14
what does that mean
that's little confusing if DL is 3 year with an expiry of 5/12/14, doesn't that mean it was granted on 5/12/11 :?:
but if it was granted in Jan 2013 (as you mentioned) until Dec 2014, it's not a 3-Year DL but as it was in-line with your leave may be they are considering it granted with your leave :!:

did the decision letter say : "Notice of Decision - Variation of Leave" or "Grant of Discretionary Leave"

Ask Obie to put some insight on this...

mkhari
Member
Posts: 240
Joined: Wed Nov 28, 2012 3:39 pm
Location: LEICESTER
Pakistan

Re: extension after 3-Year of discretionary leave

Post by mkhari » Tue Oct 24, 2017 8:04 pm

shazi-uk wrote:
Tue Oct 24, 2017 7:35 pm
mkhari wrote:
Tue Oct 24, 2017 3:43 pm
they said
wife has been granted a period of 3 years DL inline with husband with an expiry of 5/12/14
what does that mean
that's little confusing if DL is 3 year with an expiry of 5/12/14, doesn't that mean it was granted on 5/12/11 :?:
but if it was granted in Jan 2013 (as you mentioned) until Dec 2014, it's not a 3-Year DL but as it was in-line with your leave may be they are considering it granted with your leave :!:

did the decision letter say : "Notice of Decision - Variation of Leave" or "Grant of Discretionary Leave"

Ask Obie to put some insight on this...
Thanks Shazi
when she granted first leave to remain she rerecived a letter dated 20/12/12 [ one month before leave] for biometric in which they also confirmed that
your case has been reviewed by CAAU and you have been granted leave to enter or remain in UK.

then with the leave dated 22january 2013 she recived a letter in which they mentioned
Dear Miss
Discretionary Grant of Leave to remain
then
your case has been reviewed and it has been decided that secretary of state discretion should be exercised in your favour and you have been granted limited remain to remain in uk for the reason not covered by immigration rules.

you have been granted this leave in accordance with the published home office asylum policy instruction on discretionary leave and then so on


please shed some light now

i can attch letter copy if anyone can explain
MKHARI

shazi-uk
Junior Member
Posts: 55
Joined: Tue Aug 08, 2017 2:16 pm
Mood:
United Kingdom

Re: extension after 3-Year of discretionary leave

Post by shazi-uk » Thu Oct 26, 2017 9:59 pm

Hi,

So much confusion between FLR(FP) and FLR(HRO) !!!

2011: Children were granted 3-Year discretionary leave.
2013: I was granted leave on discretionary basis IN LINE with children.
2014: We applied for extension and all were granted 3-Year discretionary leave.

Home Office decision letter clearly states:
"granted leave to remain in the United Kingdom in accordance with the principles set out in the Home Office Policy Instruction on Discretionary Leave."
AND
APPLYING FOR AN EXTENSION
"A person will not become eligible for settlement until they have completed 6 years of Discretionary Leave."
AND
WHICH APPLICATION FORM MUST I USE?
"Application form FLR(O) must be used if you are applying for an extension of Discretionary Leave (DL) where you have previously been granted a period of DL, but have not previously been refused or granted less than four year Exceptional Leave"

Please note that the decision letter explicitly says that:
1. I was granted leave to remain in the United Kingdom in accordance with the principles set out in the Home Office Policy Instruction on Discretionary Leave.
2. I should be able to apply for settlement after 6 years of Discretionary Leave.
3. I must use Form FLR(O) to apply for an extension of Discretionary Leave.

2017: Children are now eligible for settlement (old rules / transitional provisions) but I need to apply for another extension to complete 6-years.

Confusions:

Q1: Am I under old rules as my leave was granted IN LINE with children and 2nd DL period was 3-Year not 2.5-Year?

Q2: Can I apply for extension after 3-Year DL at PSC under transitional provision?

Q3: What will happen if I apply and PSC rejects the application and says you can't use PSC, use postal application?

Q4: Will they keep the application and decide later or will the reject the application and keep the money?

So much confusion... please clarify.

mkhari
Member
Posts: 240
Joined: Wed Nov 28, 2012 3:39 pm
Location: LEICESTER
Pakistan

Re: extension after 3-Year of discretionary leave

Post by mkhari » Thu Oct 26, 2017 10:47 pm

My point of view is you can use Set O
For your children and for yours and either way premium or postal
If they will reject your application they will give you 10 days to complete relevant form
Then just complete and submit

You could aldo be granted Ilr
I have strong felling then full of ur family will b granted ilr
MKHARI

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