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Discretionary Leave extension or Work Permit

General UK immigration & work permits; don't post job search or family related topics!

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zagoo2000
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Posts: 108
Joined: Tue Dec 20, 2011 12:14 pm

Discretionary Leave extension or Work Permit

Post by zagoo2000 » Thu Jun 28, 2012 10:18 pm

Dear all, i'm a non EEA resident in uk.

Status:
-Initially Student Visa was given: Mar 1998- Nov 2007
-Student Visa extension was refused in 2007.
-Currently Discretionary Leave given: Feb 2010-Feb 2013

My DLR is due to expire in FEB 2013. My current employer is willing to keep me and happy to apply for my work permit too. Now, i'm really confused.

Questions:
+should i extend my DLR for another 3 years?
-will i then be eligible for ILR under the new rules starting 9 july?
+shall i ask the company to apply for work permit?
-will it be applied for 1 or 5 years?
-will i have to wait for 5 years to apply for ILR?
+which of the two process will be quicker and guaranteed (most importantly)?
+when would be the right time to apply for extension or work permit?

I will be waiting for the feedback.
Many thanks

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

Post by Lucapooka » Thu Jun 28, 2012 11:00 pm

You don't have leave within the immigration rules. If you have DL, the only type of application you are permitted to make from inside the UK is for more DL, or ILR after six years of DL, or for ILR under long residence having completed 10 years. Any other type of application has to be made as entry clearance from your home country.

zagoo2000
Member
Posts: 108
Joined: Tue Dec 20, 2011 12:14 pm

Post by zagoo2000 » Fri Jun 29, 2012 12:53 pm

thanks for the reply Lucapooka.

i have been in the country for over 14 years. Am i not able to apply for ILR under paragraph 276B of the immigration rules on the grounds of long residence in the uk?

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Fri Jun 29, 2012 12:56 pm

You may, if you can apply before 09-Jul-12.
Life isn't fair, but you can be!

zagoo2000
Member
Posts: 108
Joined: Tue Dec 20, 2011 12:14 pm

Post by zagoo2000 » Fri Jun 29, 2012 1:26 pm

Is 'knowledge of life in the uk test ' or 'life in the uk test' or 'ESOL test' required for my ILR application?

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

Post by Lucapooka » Fri Jun 29, 2012 1:33 pm

zagoo2000 wrote:thanks for the reply Lucapooka.

i have been in the country for over 14 years. Am i not able to apply for ILR under paragraph 276B of the immigration rules on the grounds of long residence in the uk?
You are if you care to mention these things! People only comment on what you actually say in your posts. Obviously, the more you reveal about your circumstances in your posts, the better the quality and scope of the advice you receive.

zagoo2000
Member
Posts: 108
Joined: Tue Dec 20, 2011 12:14 pm

Post by zagoo2000 » Fri Jun 29, 2012 3:07 pm

thank you for clearing the work permit out of the equation. it does make sense. sorry it was may be my fault. i did mention my status in detail in the header of this post but i have been lately under immense amount of pressure and its making me confused as well as double minded on what to do.

i'm gathering information as much as possible. its only a word of mouth that i can apply 276B but i have also been told if your visa has been refused you will not fall in that category. as you know my visa was refused once and that is making me a confused.

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Jun 29, 2012 3:35 pm

Life isn't fair, but you can be!

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

Post by Lucapooka » Fri Jun 29, 2012 10:16 pm

Unless you have passed the KOL already, you have almost certainly missed the boat for an ILR application before July 9. So, you are stuck with DL for another 3 years.

zagoo2000
Member
Posts: 108
Joined: Tue Dec 20, 2011 12:14 pm

Post by zagoo2000 » Fri Jun 29, 2012 10:39 pm

thank you so much for the advice. i have luckily managed to book my test today for next friday 6th at 12. i just need to prepare the test and my application i guess till then.

is it correct you get the result/certificate straightaway?

geriatrix
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Post by geriatrix » Mon Jul 02, 2012 1:20 am

Yes.
Life isn't fair, but you can be!

zagoo2000
Member
Posts: 108
Joined: Tue Dec 20, 2011 12:14 pm

Post by zagoo2000 » Mon Jul 02, 2012 9:23 am

sushdmehta wrote:Yes.
Thank you so much for you support :)

If only i had my SAR file from the home office that would have been a big help i suppose. However, I have started gathering my documents.

Just need to get my application ready from the lawyer.

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