ILR after six years on DLR

[xolile]

Hello everyone, I am posting on behalf of a friend who is in a bit of difficulty following the breakdown of her marriage.
She came into the UK in 2010 on a fiancée visa and eventually got married in 2011. However being from a non-english speaking country and due to her inability to pass the English test, she was issued with a DLR in 2011 and in 2014, I did help her to successfully apply for a further 3 years DLR which is now nearly due for renewal. Unfortunately her marriage has broken down and her husband is not willing to sponsor her application for ILR. She is still staying in their old property with her two kids while the hubby moved away earlier this year. They are technically separated but nothing has been finalised.
So now, I would be very grateful if I could get some advise on the best way to proceed with this case. I understand she could apply for FLR(FP) on the basis of her kids but would that mean waiting for another 10 years before she can get settlement? The person in question is just a house wife with no source of income and is already facing a lot of hardship. My other question is if we are able to raise the over £2k for ILR, does she really need her husband’s permission for ILR via the Discretionary route. I have read through the form SeT (O) but can’t seem to find anything relating to this.
Sorry for the very long post but I hope it all makes sense. Thank you in advance for your inputs.

[Kashif_Hussain]

Due to change in circumstances, unfortunately it will highly unlikely that she will get ILR.
If domestic violence involved in the past than she has a chance but you need to speak to a qualified / authorized immigration adviser for help.

What's the age and nationality of Children?

She can apply for FLR(FP) for further leave to remain and she can also apply for a fee waiver.
https://www.gov.uk/government/uploads/s ... ndix_1.pdf

She is allowed to get public funds so HO may argue why she didn't save money for further application !!!

In the cover note, explain the situation, hardship and financial situation etc. and request further leave to remain under transitional arrangements and she might get another 3 years.

Speak to a couple of OISC authorised advisers before making application.

[xolile]

Thanks very much Kashif_Hussain.

There was no domestic violence involved so she cant go through that route. Her kids are both British and are aged 8 and 5. Unfortunately, she was not aware that she could claim benefits on DLR....this could have made significant difference in her life all these years.

I see there’s the 5 and 10 year routes to ILR on the FLR (FP) but it’s not very clear from the guidiance notes what conditions need to met to be eligible for the shorter qualifying period. She has spoken to a immigration adviser and he’s pushing for the 10 year route but I wanted to double check on here that this is the right option for her. It’s such a shame that what should’ve been a straight forward spousal visa application in 2011 has grown arms and legs due to a failed English test.

[Kashif_Hussain]

I guess HO will put her on 10y route as she can't meet the conditions required for 5y route.
She should apply (after getting professional advice) for further leave to remain using form FLR(FP) along with fee waiver.

Try using OISC qualified / authorised immigration adviser.

[CMOSUK]

Thanks very much Kashif_Hussain.

There was no domestic violence involved so she cant go through that route. Her kids are both British and are aged 8 and 5. Unfortunately, she was not aware that she could claim benefits on DLR....this could have made significant difference in her life all these years.

I see there’s the 5 and 10 year routes to ILR on the FLR (FP) but it’s not very clear from the guidiance notes what conditions need to met to be eligible for the shorter qualifying period. She has spoken to a immigration adviser and he’s pushing for the 10 year route but I wanted to double check on here that this is the right option for her. It’s such a shame that what should’ve been a straight forward spousal visa application in 2011 has grown arms and legs due to a failed English test.

It's a shame,

I'm just thinking, I could be wrong, but what if she where to apply for extension of DLR again using the fee waiver policy as it does seem she is destitute and although there is a change of circumstances namely divorce/separation from husband, she does seem to be the sole carer to the kids who are British citizens.

She would need to maybe get evidence from social workers, schools, stating that a removal or giving custody to the father would be an interference to their kids normal lives and would not help them.

Maybe how the mother is involved in the day to day lives of the kids, and is essential in their upbringing.

Again DLR is granted outside the immigration rules and although the circumstances have changed, UKVI would need to bear in mind the circumstances present and whether a refusal would impact her kids lives.

It would mean maybe if granted she could maybe apply for ILR 28 days before expiry of that grant if she is granted with the circumstances in mind.

Again, she would be eligible for benefita as long as they don't give her the condition of '' no recourse to public funds'' attached. Currently because of the change in circumstances I don't think she could apply for ILR, then again it is at the discretion of UKVI.

[xolile]

Many thanks for all your input and useful pointers. Her visa expires in a couple of months time so we are getting ready to put in an application in a few weeks time. I think that we have at least established that she won’t be deported which was her main concern as her hubby keeps threatening her with deportation.

I will let you know how we get on. Thank you once again.

[CMOSUK]

Many thanks for all your input and useful pointers. Her visa expires in a couple of months time so we are getting ready to put in an application in a few weeks time. I think that we have at least established that she won’t be deported which was her main concern as her hubby keeps threatening her with deportation.

I will let you know how we get on. Thank you once again.

It sounds like domestic abuse, a bit off topic but she should get social work involved. This will help her as well as her kids.

[Kashif_Hussain]

There has been significant changes in her circumstances, DLR was based on relationship / partner "fiancée visa" now relationship has been broken therefore she does not qualify for ILR based on that, however, she is the mother of British children therefore HO will not deport her and she can apply for leave FLR(FP) under parent route.

If she can't pay fee, she can fill fee waiver form.

I think that we have at least established that she won’t be deported which was her main concern as her hubby keeps threatening her with deportation.

No, HO will not deport her.

I don't know her circumstances / and concerns, she may need to apply for residence order through family court to make her case water-tight.

British children, Sole parent / carer, residence order in her favor, she's not going anywhere.

[Kashif_Hussain]

Just to add here if she came into the UK in 2010 and since she has been on some sort of leave (never overstayed or something), she might be able to apply for ILR after 10 years of lawful residence, so no need to wait for another 10 years