Six years Discretionary Leave to ILR-Break in between leave

[Pillar]

Hi everyone,

I would like to know your views and advice on my situation please.

I was granted discretionary leave in 2009 based on family and human rights /Article 8.
In 2012, during my renewal my solicitor used the wrong form for Extension. I was not sure which form to use myself and that's the reason I approached the solicitor.
After 4 months, UKBA rejected the application as the wrong form was used. I was aware of the use of wrong form at that time.

Within 28 days of receiving the refusal letter, we applied using the flr(o) form and my leave was granted again in June 2013.

So basically there is a break in my stay under DLR and also I will be completing six years under DLR in a few months time. My circumstances are still the same as when the leave was granted.

So I would like to know what my chances are to get settlement ?
Any help or advice will be much appreciated.
Thanks to all.

[Pillar]

Hi moderators,

Can you please help me regarding this matter?

Has anyone gone through this situation?

Any advice or suggestions will be grateful.

[Pillar]

Hi moderators,
I would like your help please regarding the above mentioned situation.

I really have to make a decision and if you got any suggestions, it would be great.
Thank you.

[vinny]

If you can rely on the concession and made a successful application within 28 days from when the your previous application was declared invalid, then I think that you should be okay.

[Pillar]

If you can rely on the concession and made a successful application within 28 days from when the your previous application was declared invalid, then I think that you should be okay.

Hi,
Thanks for the reply.

Yes, I received the refusal letter on the 16th January and the correct form FLR(O) was sent on the 11th February (within the 28 days like you mentioned)

[Pillar]

Hi,
Does anyone else have any suggestions whether I should go for ILR or apply for further leave under DLR?
Would the break in leave count against me as the rules says continous residency is needed for ILR?
Thanks

[Pillar]

Hi all,

I have contacted an immigration lawyer to discuss regarding this matter.

He suggests that a further FLR(O) application for 3 years is more likely to succeed than the ILR.
And the ILR application is more likely to fail due to the break between the 3 years.

The 28 grace period is not mentioned in any DLR GUIDANCE too, which worries me. ( only in Long Residence rules )
Mind you it's the same firm that have used the wrong form for me in 2012, which has caused all these issues.

Can anyone shed some light into this?
Thanks

[vinny]

What was the wrong application form that you used in 2012?

[vinny]

This page tells you what to do when you receive an application for discretionary leave made on form HPDL or DL instead of form FLR(O).

Where an applicant applies for further discretionary leave on form HPDL or DL you must write to the applicant to explain they need to vary their application because they have applied on the wrong form.

You must give them 28 calendar days to make an application on the correct FLR(O) form and submit the current fee.

You must make it clear that if a response is not received within 28 calendar days then 3C leave will lapse and the applicant will automatically become an overstayer and be liable for removal.

[Pillar]

Hi Vinny,

Thanks for your prompt response.

The form that was used in 2012 to extend my discretionary leave was HPDL . ( when I should have used flr(o) )
However since my leave was granted based on family/ private life and was never an asylum seeker, that was made invalid by UKBA and send back to me.

Thanks

[vinny]

I believe that you will be okay applying for ILR.

[Pillar]

Hi

I believe that you will be okay applying for ILR.

Hi Vinny,

I received a copy of my files from the Home Office (which I requested for last month)

In the files, it says my application using HPDL is REJECTED and
under DECISION:
"Considered evidence submitted by applicant-I have rejected appt-No Fees paid and incorrect form-FLR(o) needed?"

The following pages does not say the 28 days was given or no information regarding that.

Date of FLR(o) application is there, but it does say OUT OF TIME APPLICATION (no mention about the 28 days grace period or the concessions)

Granted DL for 3 years on code 1 A ( do not know what code 1 A is )

At the end of the file it says:

"The DLR policy states an applicant (who was on the DL route prior to 9/7/12) must have had 6 years continuous DL before being eligible to apply for settlement. Whether discretion would be used if an applicant applied for settlement and had a break in his DL would be for settlement colleagues to make."

I am really stressed about the whole situation now.
My solicitor still says its less likely to succeed.

[vinny]

If necessary, you could highlight that the current application procedure would not have penalise you for submitting the wrong form, if you reapplied with the correct form within 28 days.

[Pillar]

Thanks Vinny,

I think I will include that in my cover letter and explain what had happened.

[Pillar]

Hi Vinny,

I just want to thank for for the advice you have provided me.
I have been granted ILR today.

I went to the Croydon Premium Service Centre and applied for ILR based on 6 years Discretionary leave.

It was granted within 45 minutes.

Here are the details if anyone finds them useful.
Appointment time: 9:30
Case registration: 9:45
BRP registration: 10:30
Under consideration: 11:00
Ready for collection: 11:45

Thank you Vinny for giving me the confidence to go the ILR and try my luck.

[vinny]

Congratulations!

Thank you for letting us know.