Discretionary Leave - Can ILR be applied for, which form?

[vinny]

That is good news!

[Frankie7]

wow that is great news. So many thanks for helping out the small people like me.

Frankie

[Frankie7]

Just on the second paragraph of that


'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'

Does this mean all the other requirements in those first 2 years only or til date?
As my wife met all conditions for the first 2 years apart from koll.
then got 3years of DL - and in the second year of her DL claimed child benefit due to son born, but there was not a public fund restriction imposed on her then/now. So will/should that be disregarded as of now as other funds were NOT claimed in the first 2years or even in the first year of DL.

thanks again.

[Amber]

The requirements as per 287.

You, the settled person/British national should claim child benefit in your name.

[Frankie7]

The requirements as per 287.

You, the settled person/British national should claim child benefit in your name.

oh ok , so is that the dampner on everything then - even though the DL allowed it.

[Amber]

No she can claim it under DLR as you have access to public funds, I just believe at the time of applying for SET(M) she should not have recourse to public funds as per 287.

[Frankie7]

that is what I am saying that in the first 2 years as spouse no public fund by either of us was claimed.

Only in year 2 of the DL did she claim child benefit. No other fund claimed by us both at all.


So she is still in the clear??

[Frankie7]

oh I see, at the TIME of SET. So we can switch it into my name?

Is that a straight forward process?

[Amber]

It ought to be. Tax credits can remain in joint names.

[Frankie7]

Just to chcek under 287

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and


it mentions Parties and any dependants, not Applicant, so even as a British born citizen, should I even be be claiming child benefit if I transfer it from my wife?

[Amber]

You can claim benefits and if you are working full time you will be fine.

[Frankie7]

I work full time, have done so for 15 years , no public fund whatsoever in that time.

just the child benefit issue being discussed here.

[Frankie7]

Thanks - but just to be on the uiltra safe side

1) will stop my wife's claim - rang helpline and they can do it immediately.
2) not claim child benefit in my name before application sent off
3) apply in 3 months time and have it back dated 3 months.

That is something I am more comfortable with.


Frankie

[Amber]

If you wish to do that then that's fine. But like I said, there is nothing wrong with you claiming.

[Frankie7]

No, thankyou for all your positive pointers, I am much better pieced together paperwork wise, physically and mentally (!) now than I was this time Sunday evening.

[Frankie7]

Hi
Filling in SET(M) and will post queries I have as I come across them:

Section 1: Q 1.10: Home Office Reference

Wife has a Home Office Reference which was on the letter to her for her Dicretionary Leave, bu there are more characters than the boxes present on the form. Just write it anyway, hanging outside the boxes?


Section 1: Q 1.12 (BRP Reference Number) / Section 6: Q2.1 (Biometric Residence Permit Number)

I take it these two sections will have the same value filled in.
Is the BRP the physical card (that my wife first received when she extended her initial 6 month fiance visit and got 2 years spouse leave)(which was returned on last application)

or is it the pasted Resident permit in her passport that she received when she was given Discretionary leave?

I assume the latter.

[Amber]

A HO reference number is not really needed, just write it on the cover letter.

I would put the spouse leave reference number and include the other one in the cover letter.

[Frankie7]

was thinking same - put all extra stuff in teh covering letter and mention the initial Spouse BRP in teh form.

thanks again.

[Frankie7]

and sent off today, special delivery for next day 1pm, at 1.4Kg (!) of paperwork cost of £12. Finally breath easy - for the time being.

Wanted to future check on the timelines on when wife could apply for citizenship, all going well this time around,

09 Mar Entered as fiance on 6 month visa
09 Sept got 2 year spouse visa to remain
11 Oct Got Discretionary Leave for three years till 14 Nov
13 Oct Applied for ILR

if ILR is approved within 6 months, this takes her to
14 Apr

What is the starting point of her entire leave / or the earliest she can apply for citizenship meeting al other requirements - as even when she was on DL she was still my spouse - does that ime period count?

thx
Frankie

[Frankie7]

money/fee deducted satisfactorily - there's alway the 'risk' money doesn't go through that they return the application back to you.

[Amber]

Any legal time counts at first instance that would appear to be as soon as she is granted ILR, subject to a B1 English requirement.

[Frankie7]

BIOMETRIC CARD and all paperwork retunred for Wife today. Wow, Relief.

Took a full 3 months in all and just beat the new English Rules.


THANKS A LOT for the guidance help and encouragement AMBER,
Vinny and others.


Frankie.

[Amber]

Congratulations.