Kerran wrote: ↑Sun Oct 22, 2017 2:06 pm
Hi
I was given DL (non asylum application was refused) and I was given DL on 8th September 2011 (before 8th July 2012).
1st DL granted : 08th September 2011 - 08th September 2013 (2 years).
2nd DL granted : 18th October 2013 - 16th October 2016. (Applied in time and granted DL for 3 years DL)
3rd DL: Applied on 14th October 2016. I am on 3C leave now for 1 year. Awaiting for result for 1 year.
I have completed 6 years of qualifying period DL including my 3C leave (2 + 5+ 1year in 3C leave). Can I apply for ILR (SET-O)?
The rules said 3C is counted towards qualifiying period. But not sure if I can apply SET (O) if the result is still outstanding of my last application.
Can anyone help?
Regards
Karren.
Hi,
It seems to me section 3c should apply to most visa categories, but in the case of DL, DL is normally granted outside the immigration rules.
Here is one example, the person in question had been waiting for 22 months when they got their second grant of DLR, under section 3c as they made an in time application those 22 months waiting for the decision should have counted towards the 6 years DLR requirements, but the application for ILR was refused.
Again, I think the refusal was he had not completed 6 years of DLR to qualify him to apply for ILR and it is like they disregarded the waiting period although he should have been protected by section 3c.
Click here to have a wee read.
In my opinion UKVI have discretion to apply DL outside the immigration rules, my understanding is and my opinion is, it is maybe better to wait for the decision for being granted it then apply 28 days before expiry as in the above case, to sum up:
. Waited 22 months for 2nd DLR to be granted
. Applied for ILR under 6 years of DLR (including the 22 month waiting period for 2nd DLR) .
. Refused ILR application as UKVI(home office back then) seemed to have not counted the 22 month waiting period to be granted the 2nd DLR
. Case worker informed OP to either wait till June 2018 to apply for ILR or appeal the decision with waiting times more than 1 year.
Again it is of my opinion to play it safe and wait for the outcome and go forward. Hope this helps.
Again this post, some one did an FOI in regards to the above, suggests that the waiting time would count towards the 6 years of DLR required for an application of ILR, but it also states that UKVI (as it seems to refer to them) are not obliged to take settlement applications earlier and that the applicant should apply 28 days before expiry of their DL.
Again better to play it safe I think.
Click here to read
