extension after 3-Year of discretionary leave

[shazi-uk]

Please help…

2x children (UK born) were granted 3-Year Discretionary Leave to Remain in AUG 2011 until AUG 2014.

Mother made application before 9 JUL 2012 for ILR (outside of the immigration rules) as a person exercising rights of access to a child resident in the United Kingdom. ILR application was refused under p322(1), but HO decided to grant leave on a discretionary basis in line with children so the mother was granted leave to remain in APRIL 2013 to AUG 2014.
Please note: It was a 1-Year 4-Months leave granted until expiry of children’s leave.

In AUG 2014, family applied for further leave to remain (in-time application) on one application form mother as main applicant and children as dependents. Application was successful and family were granted further leave to remain on a discretionary basis. Leave was granted in OCT 2014 until OCT 2017.
Please note: It was a 3-Year leave on discretionary basis.

Last decision letter states:
"A person will not become eligible for settlement until they have completed 6 years of Discretionary Leave." AND "Application form FLR(O) must be used if you are applying for an extension of Discretionary Leave (DL) where you have previously been granted a period of DL, but have not previously been refused or granted less than four year Exceptional Leave"

One child has been registered as British after reaching 10 years of age.

Now we need to make further applications. 1x child (now age 9) can apply for settlement on SET(O) as she has completed 6-Years on discretionary leave from 1st grant of DL in AUG 2011 but mother of children still need to complete 6 years so she needs to apply for further leave to remain.

Question: 1
Decision letter says: apply on Form(O) but now Form(O) is no longer valid so what application form should the mother use for further leave to remain?
FLR(HRO) or FLR(FP)?

Question: 2
Children were definitely under old rules but what about the mother, under new rules or old rules?
Some immigration advisors say old rules (because mother applied before 9 July and was granted leave in-line with children and last leave granted was a full 3-Year leave not 30 months leave); but some say new rules (because leave was granted after 9 July)!

Last decision letter says:
"A person will not become eligible for settlement until they have completed 6 years of Discretionary Leave."
So what’s your opinion on this?

Thank you all of the gurus here, what would we do without this forum!

[shazi-uk]

any help?

[shazi-uk]

amber, cr001, casa, vinny, Obie where is everyone I need help please

[shazi-uk]

Hi.
What form do we need to fill for extension (further leave to remain) after 3-Year of discretionary leave?
FLR(HRO) or FLR(FP)?
and what documents are required?
Can we use PSC?

Thanks

[Obie]

Form will have to be FLR(HRO).

[CMOSUK]

Please help…

2x children (UK born) were granted 3-Year Discretionary Leave to Remain in AUG 2011 until AUG 2014.

Mother made application before 9 JUL 2012 for ILR (outside of the immigration rules) as a person exercising rights of access to a child resident in the United Kingdom. ILR application was refused under p322(1), but HO decided to grant leave on a discretionary basis in line with children so the mother was granted leave to remain in APRIL 2013 to AUG 2014.
Please note: It was a 1-Year 4-Months leave granted until expiry of children’s leave.

In AUG 2014, family applied for further leave to remain (in-time application) on one application form mother as main applicant and children as dependents. Application was successful and family were granted further leave to remain on a discretionary basis. Leave was granted in OCT 2014 until OCT 2017.
Please note: It was a 3-Year leave on discretionary basis.

Last decision letter states:
"A person will not become eligible for settlement until they have completed 6 years of Discretionary Leave." AND "Application form FLR(O) must be used if you are applying for an extension of Discretionary Leave (DL) where you have previously been granted a period of DL, but have not previously been refused or granted less than four year Exceptional Leave"

One child has been registered as British after reaching 10 years of age.

Now we need to make further applications. 1x child (now age 9) can apply for settlement on SET(O) as she has completed 6-Years on discretionary leave from 1st grant of DL in AUG 2011 but mother of children still need to complete 6 years so she needs to apply for further leave to remain.

Question: 1
Decision letter says: apply on Form(O) but now Form(O) is no longer valid so what application form should the mother use for further leave to remain?
FLR(HRO) or FLR(FP)?

Question: 2
Children were definitely under old rules but what about the mother, under new rules or old rules?
Some immigration advisors say old rules (because mother applied before 9 July and was granted leave in-line with children and last leave granted was a full 3-Year leave not 30 months leave); but some say new rules (because leave was granted after 9 July)!

Last decision letter says:
"A person will not become eligible for settlement until they have completed 6 years of Discretionary Leave."
So what’s your opinion on this?

Thank you all of the gurus here, what would we do without this forum!

The mother will come under the rules after 9 July 2012 as she was granted in April 2013.

Transitional arrangements will not apply to her but to your children as they came under the old DL(before 9 July 2012).

Fruther applications of leave would need to be applied until she is eligible for to apply for ILR.

[shazi-uk]

The mother will come under the rules after 9 July 2012 as she was granted in April 2013.

Transitional arrangements will not apply to her but to your children as they came under the old DL(before 9 July 2012).

Fruther applications of leave would need to be applied until she is eligible for to apply for ILR.

Dear CMOSUK,
Thanks for your reply.
Mother was granted initial discretionary leave in-line with children's DL.
Mother and children were granted (further extension) 3-Year (Not 2.5-Year) discretionary leave in 2014 so how come the mother is under new rules (2.5-Year DL) not under old rules (3-Year DL) with children where she was granted initial DL in-line with children's DL?

Thanks

[shazi-uk]

Form will have to be FLR(HRO).

Please can you elaborate why FLR(HRO) where few solicitors said FLR(FP)!
thanks

[CR001]

Form will have to be FLR(HRO).

Please can you elaborate why FLR(HRO) where few solicitors said FLR(FP)!
thanks

Because FLR(HO) is for an extension for leave outside the rules, which is what the old DLR form was. Page 2 of the form clearly states this.

https://www.gov.uk/government/uploads/s ... -04-17.pdf

[shazi-uk]

Because FLR(HO) is for an extension for leave outside the rules, which is what the old DLR form was. Page 2 of the form clearly states this.

https://www.gov.uk/government/uploads/s ... -04-17.pdf

On page-2 it says:
Discretionary Leave (DL) where you have previously been granted a period of DL but have
not previously been refused asylum or granted less than four years Exceptional Leave (people
in these categories should use form FLR(DL), or FLR (FP) if they were granted DL on the
basis of Article 8

or FLR (FP) if they were granted DL on the basis of Article 8

Mother made initial application before 9 JUL 2012 for ILR (outside of the immigration rules) as a person exercising rights of access to a child resident in the United Kingdom & Article 8. ILR application was refused under p322(1), but HO decided to grant leave on a discretionary basis in line with children.

dilemma between FP / HRO

[CR001]

I would follow Obie's advice re FLR(HO), he has the most experience on the forum in this category as far as I am aware.

[shazi-uk]

I'm asking Obie to put some light on this issue

[Obie]

I have never apply for Policy DLR cases with FLR(FP). New cases after 09-07-2012, those granted leave outside of the Parent and Partner route after 09-07-2012, those who apply under rules in place after 08-07-2012 are able to use FLR(FP). I do not agree that policy cases should use that form as they fall within a specific provision, under the policy in place on the 08-07-2012.

The UKVI appears to be making things very complicating for practitioners.

There are 2 types of DLR, there is one which was based on policy outside of the rules, that is for pre-09-07-2012 cases, and there are those, who don't strictly fall under the rules, but following Nagre case, the Home Office is obliged to look at Exceptional circumstances, and grant leave outside the framework of the family and private life route, and they are granted live on a discretionary basis under the 10 years path. Those people must use FLR(FP). People who fall within the 6 years Discretionary leave policy, cannot use FLR(FP). They have never had to use it, they have always had to use FLR(O) until that form was abolished.

[shazi-uk]

Thanks Obie for the detailed response.

So, in our case;
1. children were granted 3-Year DLR in Aug 2011
(so old pre. 9 July rule apply)

2. mother applied before 9-July for ILR SET(O) as a person exercising rights of access to a child resident in the United Kingdom. ILR application was refused under p322(1), but HO decided to grant DLR IN-LINE with children.
(which rules apply to mother?)

At this point children completed 3-Years and mother completed 1 Year 3 Months on DLR

3. mother and children applied for further leave to remain, in-time application, mother main applicant (children dependent) and HO granted 3-Year DLR to all of them.

Note: last grated was DLR 3-Year not 2.5-Year and decision letter says:

"A person will not become eligible for settlement until they have completed 6 years of Discretionary Leave." AND "Application form FLR(O) must be used if you are applying for an extension of Discretionary Leave (DL) where you have previously been granted a period of DL, but have not previously been refused or granted less than four year Exceptional Leave"

(now which rules apply to mother?)

Children will apply for settlement on SET(O) after 6-Years on DLR but mother will apply for FLR, but the dilemma is mother is not sure which form FLR(FP) or FLR(HRO) to use?

[mkhari]

Dear shazi
Your question is similar to me and i m also to confused
I granted first DLR in legacy in Dec2011 was failed asylum before that
My wife granted in January2013 in line with my leave
Then we applied extention in Nov 2014 and granted both of us 3 year DL
Now my query is same like u
My wife is on 10 year route or 6 years

Additionaly i got SAR file in which Home office confirm that in regards to my first leave that my wife should treat same as my leave

[shazi-uk]

looks like she's on old 6-year to ILR rule
what's the wording in SAR regarding in-line leave please...

[mkhari]

looks like she's on old 6-year to ILR rule
what's the wording in SAR regarding in-line leave please...

Thats what my point of view SAR below

[shazi-uk]

Form will have to be FLR(HRO).

Thanks Obie,

I have also been advised by immigration advisor that I should use form FLR(HRO) to extend my leave as I was previously granted 3-Year discretionary to remain (non-asylum case) and I can also use premiums service center.

Last decision letter states:
"A person will not become eligible for settlement until they have completed 6 years of Discretionary Leave." AND "Application form FLR(O) must be used if you are applying for an extension of Discretionary Leave (DL) where you have previously been granted a period of DL, but have not previously been refused or granted less than four year Exceptional Leave"

FLR(HRO) category selected:
Discretionary Leave (DL) where you have previously been granted a period of DL but have not previously been refused asylum or granted less than four years Exceptional Leave.

I'd like to ask what is likely to happen if caseworker at PSC disagrees (for some reasons) on using form FLR(HRO) and says FLR(FP) is the correct form and you can't use premium services?

[shazi-uk]

looks like she's on old 6-year to ILR rule
what's the wording in SAR regarding in-line leave please...

Thats what my point of view SAR below

Definitely under old rules.
so you were granted DL from Dec 2011 - Dec 2014 and
your wife was granted DL from Jan 2013 - Dec 2014
and both were granted 3-Year DL from 2014 - 2017 so I guess you have completed your 6-years on DL but your wife need to apply for another extension.

[mkhari]

looks like she's on old 6-year to ILR rule
what's the wording in SAR regarding in-line leave please...

Thats what my point of view SAR below

Definitely under old rules.
so you were granted DL from Dec 2011 - Dec 2014 and
your wife was granted DL from Jan 2013 - Dec 2014
and both were granted 3-Year DL from 2014 - 2017 so I guess you have completed your 6-years on DL but your wife need to apply for another extension.

Logicaly you are right but i share you my SAR 2 copies in which they confirmed that my wife should treat same as my leave
please doubel check i have put red arrow on it
they said
wife has been granted a period of 3 years DL inline with husband with an expiry of 5/12/14
what does that mean

[shazi-uk]

they said
wife has been granted a period of 3 years DL inline with husband with an expiry of 5/12/14
what does that mean

that's little confusing if DL is 3 year with an expiry of 5/12/14, doesn't that mean it was granted on 5/12/11
but if it was granted in Jan 2013 (as you mentioned) until Dec 2014, it's not a 3-Year DL but as it was in-line with your leave may be they are considering it granted with your leave

did the decision letter say : "Notice of Decision - Variation of Leave" or "Grant of Discretionary Leave"

Ask Obie to put some insight on this...

[mkhari]

they said
wife has been granted a period of 3 years DL inline with husband with an expiry of 5/12/14
what does that mean

that's little confusing if DL is 3 year with an expiry of 5/12/14, doesn't that mean it was granted on 5/12/11
but if it was granted in Jan 2013 (as you mentioned) until Dec 2014, it's not a 3-Year DL but as it was in-line with your leave may be they are considering it granted with your leave

did the decision letter say : "Notice of Decision - Variation of Leave" or "Grant of Discretionary Leave"

Ask Obie to put some insight on this...

Thanks Shazi
when she granted first leave to remain she rerecived a letter dated 20/12/12 [ one month before leave] for biometric in which they also confirmed that
your case has been reviewed by CAAU and you have been granted leave to enter or remain in UK.

then with the leave dated 22january 2013 she recived a letter in which they mentioned
Dear Miss
Discretionary Grant of Leave to remain
then
your case has been reviewed and it has been decided that secretary of state discretion should be exercised in your favour and you have been granted limited remain to remain in uk for the reason not covered by immigration rules.

you have been granted this leave in accordance with the published home office asylum policy instruction on discretionary leave and then so on


please shed some light now

i can attch letter copy if anyone can explain

[shazi-uk]

Hi,

So much confusion between FLR(FP) and FLR(HRO) !!!

2011: Children were granted 3-Year discretionary leave.
2013: I was granted leave on discretionary basis IN LINE with children.
2014: We applied for extension and all were granted 3-Year discretionary leave.

Home Office decision letter clearly states:
"granted leave to remain in the United Kingdom in accordance with the principles set out in the Home Office Policy Instruction on Discretionary Leave."
AND
APPLYING FOR AN EXTENSION
"A person will not become eligible for settlement until they have completed 6 years of Discretionary Leave."
AND
WHICH APPLICATION FORM MUST I USE?
"Application form FLR(O) must be used if you are applying for an extension of Discretionary Leave (DL) where you have previously been granted a period of DL, but have not previously been refused or granted less than four year Exceptional Leave"

Please note that the decision letter explicitly says that:
1. I was granted leave to remain in the United Kingdom in accordance with the principles set out in the Home Office Policy Instruction on Discretionary Leave.
2. I should be able to apply for settlement after 6 years of Discretionary Leave.
3. I must use Form FLR(O) to apply for an extension of Discretionary Leave.

2017: Children are now eligible for settlement (old rules / transitional provisions) but I need to apply for another extension to complete 6-years.

Confusions:

Q1: Am I under old rules as my leave was granted IN LINE with children and 2nd DL period was 3-Year not 2.5-Year?

Q2: Can I apply for extension after 3-Year DL at PSC under transitional provision?

Q3: What will happen if I apply and PSC rejects the application and says you can't use PSC, use postal application?

Q4: Will they keep the application and decide later or will the reject the application and keep the money?

So much confusion... please clarify.

[mkhari]

My point of view is you can use Set O
For your children and for yours and either way premium or postal
If they will reject your application they will give you 10 days to complete relevant form
Then just complete and submit

You could aldo be granted Ilr
I have strong felling then full of ur family will b granted ilr