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Indefinite Leave to remain or discretionary leave to remain

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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amerabbas
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Indefinite Leave to remain or discretionary leave to remain

Post by amerabbas » Thu Sep 26, 2013 11:46 am

Hi everyone, hope someone can help me. i applied for indefinte leave to remain in jan 2012 after 5 years as work permit holder. my application was refused because of 150 pounds fine in nov 2012. i went through the appeal process and was allowed in first tier tribunal and upper tier tribunal. upper tier tribunal appeal was in april 2013. since than i have enrolled my biometric information. i havnt recieved any reply from UKBA yet, although they granted me further leave to remain in may 2013.

my question are
1. how long it takes UKBA to return passport after biometrics?
2. will i be getting indefinte leave to remain or discretionary leave to remain?
3. if i apply for return of documents, will it affect my application now?

Any help will be appreciated.

thanks

vinny
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Post by vinny » Thu Sep 26, 2013 11:54 am

If your appeal was allowed under the Immigration rules, then you should be granted ILR.
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amerabbas
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Post by amerabbas » Thu Sep 26, 2013 12:09 pm

Thanks vinnay, the appeal was allowed on human rights.

Amber
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Post by Amber » Thu Sep 26, 2013 1:21 pm

Human rights, that would indicate family life leave to remain (2.5 years). Did the applicant have children?
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amerabbas
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Post by amerabbas » Thu Sep 26, 2013 1:30 pm

Nope. On Private life basis. I hv a 18 months old son bt he ws born after I applied for ilr. Me n my both are from outside eu

Amber
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Post by Amber » Thu Sep 26, 2013 1:34 pm

That's good to see extra discretion being applied.
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amerabbas
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Post by amerabbas » Thu Sep 26, 2013 1:50 pm

does this mean that i will get discretionary leave to remain for 2.5 years. UKBA has already decided my case in May 13. the letter they sent me in may just mentioned that they have granted me further leave to remain. M waiting for my documents now.

amerabbas
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Post by amerabbas » Thu Sep 26, 2013 1:53 pm

i came to uk in oct 2004 and did my masters from here before starting job as work permit holder in jan 2007.

amerabbas
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Post by amerabbas » Thu Sep 26, 2013 2:12 pm

Sorry the letter which i received in May 2013 mentioned that they have granted me leave to remain in UK. i doesnt say further or indefinte leave to remain.

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