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Status if DL rejected but current leave still valid?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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johnjkjk
Junior Member
Posts: 64
Joined: Sun Mar 04, 2012 6:20 pm

Status if DL rejected but current leave still valid?

Post by johnjkjk » Tue Apr 10, 2012 9:07 pm

I'm on Tier 2 General for another couple of years but may be eligible to apply for discretionary leave under a certain category.

If I were to put in an application, and it got rejected, would my existing leave be curtailed or would it continue? Conversely, would it automatically be rejected since I do leave leave to remain for a while?

Would such a rejection affect my 'record' for any future ILR applications?

Thanks!

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Tue Apr 10, 2012 9:37 pm

It will replace your existing leave which will continue if it's refused. Why do you need DL; is your current leave and its continuity in some jeopardy?

johnjkjk
Junior Member
Posts: 64
Joined: Sun Mar 04, 2012 6:20 pm

Post by johnjkjk » Tue Apr 10, 2012 9:53 pm

Thanks for the info. Why DL? In the short term yes, my current leave is in jeopardy, I am due to work for a new employer but they haven't had much success in obtaining a sponsor licence. I've essentially been head-hunted and if my current employer finds out, I may be made redundant out of spite.

Apart from that, tier 2 is highly restrictive- Can't easily switch employers, be self-employed etc and I may be eligible for DL, so I thought I'd give it a go.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Tue Apr 10, 2012 9:55 pm

On what grounds do you think you are eligible for DL?

johnjkjk
Junior Member
Posts: 64
Joined: Sun Mar 04, 2012 6:20 pm

Post by johnjkjk » Tue Apr 10, 2012 10:12 pm

I'm sure you'll appreciate that I can't quite go into further detail on an open forum, but suffice it to say, I have strong grounds!

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Tue Apr 10, 2012 11:15 pm

If you can't go into it then no one can comment. Seek legal advice.

johnjkjk
Junior Member
Posts: 64
Joined: Sun Mar 04, 2012 6:20 pm

Post by johnjkjk » Wed Apr 11, 2012 12:07 am

Hi Greenie- I really do appreciate your taking the time to reply, however I was interested in a specific query which has been answered by Lucapooka. I don't need advice on my DL application, but thank you for offering! :-)

Thanks everyone for your assistance, this forum is wonderful.

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