extending discretionary leave to remain DL

[libnesh]

HI to all im a new member and i want to share you and get some good advice and also my case might help some similar cases on here,

i came to the uk on 2010 november on student visitor visa in that time i was married to my british wife only islam way only as she was not qualifying for spouse as

she wasn't 21 and over years old we got married lived in libya then we

decided to come on student visa to get some advanced course in english

language by the time 2011 and the war started in libya i coudnt go back for

that danger of me and her alse when she was pregnat so no let me go to the

point i claimed assylum on 2011 i told them everything and that i cant go

back i got refusal asylum but been giving discretionary leave which was

instead of my failed asylum case in july 2012 i got legal uk marriage wich

was in a council place also i have baby now 2 years and he got british

passport my discretionary leave will expire in july 2014 so what's the best

form to extend with is it the DL wich is following the refuse asylum or the

FLR O as i have british family

i hope i gave enough info and feel free to ask me

[Amber]

FLR(O) for the same reason as before, the new details should help support your application.

[libnesh]

hey thank you for this quick replay

but the FLR O its for who made FLRO from the begining and they have been granted 3 years discretionary leave to remain under their marriage or families my case was as asylum is refusal but we have granted me discretionary leave to remain 3 years under asylum policy instructions discretionary leave so nothing mentioned for my british family and on the UKBA it says so in this case will it be DL extending ? also libya is no more in war but its danger still and specially when me having a british wife as the uk not advising their citizens to not to go to libya i also wont risk them to back there .

im so confused that i make the wrong form any more advice please ?

[Amber]

In that case I think it could be form DL (click). You should seek professional advice and make sure the form is correct. Remember to include as much supporting information as you can whichever form you end up completing. Contact a professional adviser and request a 10 minute free interview and you should be able to get the answer then.

See also, Any good law firm recommendation? (click)

[libnesh]

thank you for the advice and im sure i will see a professional adviser too

but im still looking forward to read more advices here and share this might be someone had the same case on here ?

thank you

[yummymummy3j]

@libnesh, i think you will need flr o form but call the home office and ask them wat form you need to use... good luck

[libnesh]

any chance you can send me the home office phone number ?

thank you

[yummymummy3j]

@libnesh 08706067766.. i just renewed my discretionary leave and i did not use a lawyer... i did it all by my self..if yr child is british and yr wife is british include all their passports , council tax bills , tenancy agreement, any thing you can lay yr hands on..you shld be fine and youi can also contact yr local citizens advice bureau for free legal services on immigratn .......mafi mush kila

[libnesh]

@ yummymummy3j but can you tell me when you got the first discretionary leave was it on FL O or was it thru asylum refusal ? waiting for replay


thank you

[Amber]

Yummy was under flr(o) on family life grounds, you need to check with an advisor as an incorrect application could put you on a 10 year route to settlement.

[libnesh]

thanks D4109125 really helpful and im goin to see a free immigration adviser next Monday iwill update you guys abt what he says on my case so ppl in similar case of mine will know about it

[HRY2005]

@ yummymummy3j but can you tell me when you got the first discretionary leave was it on FL O or was it thru asylum refusal ? waiting for replay


thank you

@yummyyummy, could you please share the timescale of your DL renewal?

Thanks

[Amber]

@ yummymummy3j but can you tell me when you got the first discretionary leave was it on FL O or was it thru asylum refusal ? waiting for replay


thank you

@yummyyummy, could you please share the timescale of your DL renewal?

Thanks

See here (click), it took 10 months.

[HRY2005]

@ yummymummy3j but can you tell me when you got the first discretionary leave was it on FL O or was it thru asylum refusal ? waiting for replay


thank you

@yummyyummy, could you please share the timescale of your DL renewal?

Thanks

See here (click), it took 10 months.

Thanks D4109125

[libnesh]

with yummymummy3j he granted discretionary leave at first place when he applied for the FLR O so he extended it with the same app which is FLR O but my case is with refusal asylum been grant discretionary leave and now i want to extend it thru having a british family so what form is the best ???

[yummymummy3j]

@hry2005 i was initially granted 3 yrs in 2009 and applied for extension last yr ,i ws granted after 10 month wait... l

[libnesh]

@hry2005 i was initially granted 3 yrs in 2009 and applied for extension last yr ,i ws granted after 10 month wait... l

was the first 3 years under the refusal asylum ?

[odat]

@libnesh if you are granted 3 years Discretionary Leave refusal asylum before 20 July 2011 Indefinite Leave to Remain (ILR) outside the Rules should be granted. the right form is DL

this information from the home office website

Where removal is no longer considered appropriate following consideration of the exceptional factors set out in Paragraph 353B of the Immigration Rules and the guidance in Chapter 53 of the EIG, 30 months DL should be granted, unless one of the following situations applies:

o Where the UK Border Agency (as it was) made a written commitment that a case would be considered either before 20 July 2011 or before 9 July 2012, but failed to do so, and later decides that a grant is appropriate;



o Where the UK Border Agency (as it was) made a decision either before 20 July 2011 or before 9 July 2012 that a grant of leave on the grounds then listed in Chapter 53 was not appropriate, but after that date carried out a reconsideration of that decision and - on the basis of the same evidence - decides that the earlier decision was wrong and leave should have been granted.

 Where the above applies and the relevant date was before 20 July 2011 – Indefinite Leave to Remain (ILR) outside the Rules should be granted. This is because prior to 20 July 2011 ILR was normally granted to cases which met the exceptional circumstances in Chapter 53 of the EIG. Where the above applies and the relevant date was before 9 July 2012, 3 years DL should be granted, with the person normally becoming eligible to apply for settlement after two periods of 3 years DL. This is because between 20 July 2011 and 9 July 2012 the UK Border Agency granted 3 years DL in cases that met the exceptional circumstances in Chapter 53 of the EIG. These cases will normally be eligible to apply for settlement after 6 years.



 If a decision maker considers that there are other exceptional, compelling reasons to depart from the policy of granting 30 months DL, the case must be referred to a Senior Caseworker for further consideration. In all other cases 30 months (2.5 years) DL is normally the appropriate period of leave to grant.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[odat]

refusal asylum but been giving discretionary leave 3 YEARS the right form is DL
IF YOU granted discretionary BEFORE 20 July 2011 ILR outside the Rules should be granted
IF YOU granted discretionary between 20 July 2011 and 9 July 2012 the UK Border Agency granted 3 years DL

[khalidhaku]

Dear Bro and Sis,

I got DLR in Jun 2012 with my wife and two sons (total 4 family members). I have been working for 2 years and 3 months for 30 hours a week and also getting working tax credit weekly 88 pounds. I am paying full housing and full council tax because my both the sons working part time, we came in this country in Sep 2008 and claimed asylum at Heathrow Airport. I am a political worker and applied asylum in the basis of persecution and torture from ruling party at that time in Pakistan, 3 years ago my leader was in exile and went to Pakistan and arrested by caretaker government formed by ruling party's President, my leader cases running in courts and he could not leave country until cases will finish (they put him in immigration exit control list) and that party is very influential and strong in all part of Pakistan and internal relocation option is very dangerous for me and my family. The current government is also supporting last government and they treated same with my leader, so my circumstances are still dangerous. Please any one kindly give me hopeful response coz I am very upset and worried about my case.

I am law abiding person and doing volunteering work with 3 organization after job once a week and integrate with local people and also at work.
Thanksc

[khalidhaku]

As per DLR new policy wef 6 Apr 15, the govt implemented fee of 649 pounds per person and Immigration healthcare surcharges fee per person per year is 200 pounds...its mean if one person apply DLR 3 years extension he should pay 1249 pounds. It was very upsetting and unfair with those who apply after 6 Apr 15.

We request to the govt please reverse this decision coz peoples can't afford this huge amount.