DLR instead of ILR

[mshahid]

Hi.

My wife received DLR instead of ILR in 2011 for 3 years. The DLR expires in December 2014.

I would like to know when she can apply for ILR.

Thanks

[Lucapooka]

After 6 years of DL. So she needs to make an extension for a further 3 years just prior to the expiry of her current leave.

However, if and when she makes 10 years of valid she can apply on that basis also or instead.

[mshahid]

So she cannot reply now or anytime before the expire of her DLR.

Next year she will have been in the UK for 5 years.

[mshahid]

Has it always been after 6 years of DLR someone can then apply for ILR

[Amber]

Yes it's 6 years, it's now 10 for family life. There was some instances where you could qualify after 5 years.

[Jellybean105]

What is discretionary leave to remain? When do you get it or under what circumstances can you apply for it?

[mshahid]

10 years for family life - What does that mean

[Amber]

You can no longer get DLR for family life applications, aka article 8 ECHR applications, because you have a child in the UK. Instead, the new route to settlement is 10 years, this does not affect those on the old DLR route. DLR is leave to stay in the UK based on discretion because the individual doesn't satisfy the normal rules, see also Leave Outside The Rules.