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Discretionary Leave + married to British citizen

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taraskyn13
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Discretionary Leave + married to British citizen

Post by taraskyn13 » Thu Sep 07, 2017 9:10 pm

Since May 2013 I am on Discretionary Leave. Also married to a British citizen and having three kids. I am on second visa. Do I need 10 years or 6 to be able to apply for ILR? Is there quicker way to apply for ILR?
Also by mistake I have overlapped my visa by sending a wrong form after first leave expired but then rectified it and got DL anyway. Overlap was about 3 months. Does it mean I did not accrue 6 years after second 3 year visa?
Or will it not go against 10 years if that is the case?

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CR001
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Re: Discretionary Leave + married to British citizen

Post by CR001 » Fri Sep 08, 2017 10:25 am

Do I need 10 years or 6 to be able to apply for ILR?

6 years if you hold DLR.
Is there quicker way to apply for ILR?
No.
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CMOSUK
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Re: Discretionary Leave + married to British citizen

Post by CMOSUK » Fri Sep 08, 2017 2:52 pm

CR001 wrote:
Fri Sep 08, 2017 10:25 am
Do I need 10 years or 6 to be able to apply for ILR?

6 years if you hold DLR.
Is there quicker way to apply for ILR?
No.
Isn't it 10 years now for DLR grants after 9 july 2012?

Unless I have misunderstood and her initial DLR (first granted or first set of 3 years DLR) was granted in 2010?

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CR001
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Re: Discretionary Leave + married to British citizen

Post by CR001 » Fri Sep 08, 2017 2:59 pm

The OP would need to state on what form she applied and what exactly here visa and approval letter states. OP also needs to list the full immigration history prior to May 2013 for anyone to offer worthwhile advice.
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CMOSUK
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Re: Discretionary Leave + married to British citizen

Post by CMOSUK » Fri Sep 08, 2017 3:15 pm

CR001 wrote:
Fri Sep 08, 2017 2:59 pm
The OP would need to state on what form she applied and what exactly here visa and approval letter states. OP also needs to list the full immigration history prior to May 2013 for anyone to offer worthwhile advice.
It is also worth while mentioning that OP may have overstayed at some point while applying for a visa
taraskyn13 wrote:
Thu Sep 07, 2017 9:10 pm
Since May 2013 I am on Discretionary Leave. Also married to a British citizen and having three kids. I am on second visa. Do I need 10 years or 6 to be able to apply for ILR? Is there quicker way to apply for ILR?
Also by mistake I have overlapped my visa by sending a wrong form after first leave expired but then rectified it and got DL anyway. Overlap was about 3 months. Does it mean I did not accrue 6 years after second 3 year visa?
Or will it not go against 10 years if that is the case?
Although they still may have been granted DLR and the rules were or may have been waived at the secretary of states discretion, naturalisation are complete set of laws from immigration law. How would they see it?

I suppose it also depends if those 3 months after expiry are taken into account and are protected as well as when the current visa expires.

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