Discretionary leave - what to do

[jsnetman]

Naveed583

Have followed this post as your circumstances are almost exactly the same as my wife's (she came a few months earlier than you), she is a couple of weeks away from getting her ESOL certificate and was wondering have you made the application for ILR, or are you going the extension route then ILR.

Regards

[Naveed583]

Hi
I have completed my application almost going to apply for IRL before 28oct 2013
Few weeks before I visited local LAW Centre and as per the lady I meet advice me according to the UKBA rules and regulation she said you fall under old rules so there should not any problem if you submit you IRL application now.
Sametime I spoke to few famous lawyer on tv shows as per them .no you can't apply for IRL you have finish your 6 year time then u can do so(which doesn't make any sense to me)their point is onces someone has granted DL he has to follow 6 years route (law centre lady said this doesn't apply on me coz I had spouse visa)
Hope this will help
Please do share you opinion or any corresponding with any solicitor
Thanks
Naveed

[Olasunkanmi]

You have been granted discretionary leave to remain, thus you must now have such leave for 6 years before applying for ILR. You will have to extend the leave before it expires on FLR(o) you should be then granted another 3 years and after the second extension can you apply to settle. That information was very important and you should have disclosed this in your first post. You did not get an extension, you were rejected but were given leave to remain by discretion.

@ D4109125, dont you think that Naveed might b able to apply for settlement visa (ILR) after spending a total of 5years lawfully (combining 2years spouse visa and 3years DLR) in UK rather than after finishing 2 years spouse visa and 6years DLR.

Its an opinion which i think he need to consult expert solicitors about.

[vinny]

There is a risk.

[Amber]

As Vinny states and as I stated there is a risk. However, given that you have completed the 2 years necessary I don't see why you should be rejected. A recent case someone overstayed 3 years after completing the 2 spouse years and was successfully granted set(m). If you explain it well in a cover letter then that should hopefully suffice.

Olasunkanmi, you can't combine the spouse visa with flr(o) DLR. you'd have to wait 6 years under DLR or go from set(m) not mix and match or try for set(m) and if it fails go for flr(o). If the OP had not completed the 2 years then he would have no alternative to 6 years DLR unless 10 years long residence came up in the interim period.

[Naveed583]

Can Some one advice me who can write a proper covering latter(can law centre help me in this)or I have to contact good solicitor
Thanks
Nav

[Amber]

The law centre should be able to help. A good starting point would be that SET(M) doesn't require extant leave and the transitional protection guidance as linked previously.

[jsnetman]

Naveed583

Please do share you opinion or any corresponding with any solicitor

Have not been to a solicitor, but, the private college which we applied for an ESOL course went out of their way to help us, they said they would not offer the course to my wife (as we pointed out it was for ILR purposes) unless their in-house immigration expert thought it was possible to apply, we sent them all of our details, they said it was possible so offered the course. This and reading this post has made my mind up to give it a go.

Some may say don't trust the college as they may have financial interests, but they have a very good reputation in my area for getting people through ESOL for immigration purposes.

Just in case the ILR application is rejected does anyone know if it will be possible to appeal against the decision.

[Naveed583]

Hi there
I am going to apply for IRL as spouse of British partner before 25oct
just want to know a list of exact documents required for application
Thanks
Nav

[Amber]

SET M form you need to fill before you go there

2 Photo of myself 1 photo of my partner (Full names written in the back)

My and my wife passports (which are given back to us same day after they made a copy of them) (I found this very good)

BRP card which is taken by them to be sent to the Home Office

Marriage certificate (They made a copy and gave it to me back)

Bank statements of last 3 months my, my wife and our joint account. (They made a copy and gave it to me back)

Payslips of last 3 months my and my wifes (They made a copy and gave it to me back)

Life in the UK pass certificate (They made a copy and gave it to me back)

6 Letters spread evenly to last 2 years 4 of them was on our both names and 2 of them was on each name.

Provided 2 council tax bill, tv licence, gas bill, bank statement, p60, payslip

Remember to put a cover letter in explaining clearly that you had spouse leave previously and completed 2 years thus should now be able to apply for SET(M) given the transitional provisions under A280(c)(ii), as it's not a requirement to have extant leave in 287. Remember you need ESOL with citizenship or LIUK. Apply before 28/10/13 otherwise you'll need a B1 English requirement in addition.

[jsnetman]

We are intending a postal application but still waiting for the ESOL certificate to arrive for proof of the requirement of English. Can we apply by post say on the 20th of October, would it be considered if the application was dated and posted say 5 days before the deadline?

[Amber]

For immigration applications, the date of posting is the date of application. Thus send via special delivery and keep proof of postage.

[Frankie7]

HI Naveed,

My wife is in the same position as you, same Discretionary. What did you do, apply earlier or going to/Have to wait until the end of your BRP date?

thnaks
Frankie

[Frankie7]

ok Naveed. realised that there was more than just the first page and have read all of it - and will do the same for my wife too. good luck.

[jsnetman]

For immigration applications, the date of posting is the date of application. Thus send via special delivery and keep proof of postage.

Thanks for the info, we are going to be right up to the last as my bank has not sent my statements and we had to just re-order them.

[Amber]

You should have no issue with the application.

Dear Sir/Madam,

Thank you for your email query which has been passed to myself to deal with.

I can confirm that if a person has completed 2 years as the spouse of a settled person, and they met all of the requirements of the settlement rules other than having KoLL, then they would have been granted discretionary leave prior to 9 July 2012.

I can also confirm that where a person has only been granted discretionary leave because they did not have KoLL, once this person has gained KoLL and can still meet all the other requirements of the rules, they will be eligible to re-apply for settlement as the spouse of a settled person should they wish.

I trust this clarifies the position.

Kind Regards,

Karen.

Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office

[vinny]

That is good news!

[Naveed583]

Thanks for your post Karen
I been Law centre this morning asked for Covering letter but she said we cant provide covering letter.
So now I am thinking I should contact immigration solicitor to write a covering letter
Thanks
Nav

[Amber]

Just write one yourself and include the above email.

[Naveed583]

How to find out whose getting what and how much benefit
I am on SET(M) Application form (Version 04/2013) - page 20 of 35
section 8
if I look at HMRC paper work both of us name is there I am bit confuse what to tick and what not to
we getting Working and Child Tax credit I am working and she isn't
Can some confirm please
Thanks
Nav

[Amber]

You can, and are required to have a joint claim for tax credits. The award notice should state the amounts being received. Child benefit should be in the settled/British person's name unless you are exempt.

[jsnetman]

Application got posted today! now its the waiting game.

[Amber]

Do keep us posted jsnetman, did you include the above email?

[jsnetman]

Do keep us posted jsnetman, did you include the above email?

Yes I did, with the senders name removed in case it goes against the Data Protection Act.

[Naveed583]

Hi Everyone
I had an appointment today 12.00pm at Manchester city Council settlement visa check service which I booked 3 weeks before oh so
when I went there a massive argument was going on between receptionist and applicant because she asked him to provide Life in the uk test passed
as well As applicant and myself questioned that no one informed us at the booking time that you have to bring Life in the uk test as Law is going to be implement on 28 Oct 2013 and today is 25 so we don't fall in that criteria
well after a massive argue with them. They spoke to Manager and as per the receptionist lady I checked with ukba they accept applications on Saturday so they decided to send our applications by royal mail special Saturday delivery witch cost them extra 10£
after that he cheeked my all documents and everything was ok
do anyone know if UKBA receive my application on Saturday that means I don't have to provide Life in the uk test
Thanks
Nav