Indefinite Leave to Remain after 6yrs discretionary leave

[africangirl]

Please people help on this I am in the same situation exactly.

Also for how long are you allowed to be outside the country per year in order to be able to apply for indefinite leave after your 6 years on DL.

Dear Home Office,
I have noted with great concern some conflicting information provided in relation to questions regarding the qualifying period for eligibility to apply for Indefinite Leave to Remain after the 6yr Discretionary Leave period. Some responses have stated the time period during which the Home office has the application DOES count towards the continual period, however other responses state that it DOES NOT and the individual should apply when the newly granted DLR period expires.
Please can you categorically confirm whether the time during which the Home Office takes to process an application is considered as part of the 6 year continual period required to apply for ILR( under the transitional arrangements) as shown in the example below:
The first 3 yrs DLR granted in October 2009 following a refusal of an aylum claim expiring Oct 2012. An in-time application to extend is submitted in September 2012. The home office subsequently grant an extension in March 2015 quoting 3 yrs DLR starting from March 2015 to expire March 2018.
1. In the above scenario, the home office have taken 2yrs and 6 months to conclude the case, therefore, does this period count towards the 6 yrs and therefore ILR application can be submitted after September 2015?

Note****** (copied from another site). But I am on the same situation and also worried when to submit my application.

[vinny]

The first 3 yrs DLR granted in October 2009 following a refusal of an aylum claim expiring Oct 2012. An in-time application to extend is submitted in September 2012. The home office subsequently grant an extension in March 2015 quoting 3 yrs DLR starting from March 2015 to expire March 2018.
1. In the above scenario, the home office have taken 2yrs and 6 months to conclude the case, therefore, does this period count towards the 6 yrs and therefore ILR application can be submitted after September 2015?

I think that as Section 3C is triggered, then the period under consideration would count.

[africangirl]

I don't understand Section 3C , it will be helpful if someone explain or advise if its possible to apply for ILR as soon your 6yrs is up or wait for the date on the bio-metric card since H/O kept my application for nearly a year before making a decision.

Thanks

[CR001]

I don't understand Section 3C , it will be helpful if someone explain or advise if its possible to apply for ILR as soon your 6yrs is up or wait for the date on the bio-metric card since H/O kept my application for nearly a year before making a decision.

Thanks

Click on the links that vinny has provided, i.e. the words underlined 'section' and '3C' are links.

[africangirl]

Hi

I tried to read the document explaining section C/D but i don't want to lie i did not understand anything i am now more confused.

My application was not refused all H/O did was just took time to make a decision for my second DL which was an extension of the 1st 3yrs. So when i count my number of yrs my 6 yr will be up by 2017 but my biometric card expires in 2018.

It will b helpful if someone just explain in simple english if i have to apply for ILR in 2017 or wait for 2018.

Many thanks

[CR001]

Section 3C means that your existing visa conditions continue while HO is processing your submitted application, regardless of how long HO takes.

[africangirl]

Hi
So does it mean i will be able to apply for ILR in 2017 even though my biometric card expire in 2018.

Also how many days in a year someone on DL is allowed to be outside the country myb on family holiday or if they visit for a funeral.

Thanks