ILR SET O APPROVED AFTER 15 YEARS IN THE UK 2x3 DLR

[Alz3eem2002]

I dont get this i have being following this forum for long long time and learnt alot from everyones experience ... Everyone's experience varies.

I completed 6 years discretionary leave to remain (failed asylum seeker) which i received in august 2011. Applied through set o after being advised by my solicitor on the 25/08/2017.

Some here say use flr dl form and some say use set o form. What is rite and what is wrong.. This is scary.

Some stated that they went through set o form route after being fully finishing 6 years discretionary leave to remain which they received after a failed asylum claim and received their ilr through same day service which I think is called PEO...

I tried to do it (same day decision) and pay more and communicated with the home office and my solicitor and both said you can't use it. I emailed the home office and they emailed me saying my case doesn't cover same day service.

So how come people here in this forum with the same case got allowed (same day decision) and others not.

Really confused.. What is rite and what is wrong? Have i filled the wrong form through my solicitor?

Your feedback would be welcome and respected if you only know for sure.. I have being waiting since 25 August 2017.

[mkhari]

Please explain more
Did u apply with same day service
What home office say on same day reject it or they told you that we will decide later

[Alz3eem2002]

I didn't apply because I was told from the beginning by my solicitor that I cant and she doubled checked it.

I even emailed the home office PEO service team after I applied by postal and asked them if I can pay the same day service fees AND THEY EMAILED ME BACK SAYING THAT I CANT.

[CMOSUK]

I dont get this i have being following this forum for long long time and learnt alot from everyones experience ... Everyone's experience varies.

I completed 6 years discretionary leave to remain (failed asylum seeker) which i received in august 2011. Applied through set o after being advised by my solicitor on the 25/08/2017.

Some here say use flr dl form and some say use set o form. What is rite and what is wrong.. This is scary.

Some stated that they went through set o form route after being fully finishing 6 years discretionary leave to remain which they received after a failed asylum claim and received their ilr through same day service which I think is called PEO...

I tried to do it (same day decision) and pay more and communicated with the home office and my solicitor and both said you can't use it. I emailed the home office and they emailed me saying my case doesn't cover same day service.

So how come people here in this forum with the same case got allowed (same day decision) and others not.

Really confused.. What is rite and what is wrong? Have i filled the wrong form through my solicitor?

Your feedback would be welcome and respected if you only know for sure.. I have being waiting since 25 August 2017.

my understanding is, if you were granted DL following a failed/refused asylum application, after completing 6 years of DL (minus 28 days) you would become eligible for ILR and would use form DL to make the ILR application, unfortunately this form does not have the PEO option and can only be sent by post.

Again, those granted DL (non asylum), after completing 6 years DL (minus 28 days) you would be eligible to apply for ILR using the form SET(O) and the PEO option is available in that, now my understanding is, there does not seem to be any restriction or any wording to that affect that restricts those granted DL after a failed/refused asylum application and then being granted DL to use form SET(O) for an application of ILR, after completing the 6 years of DL(minus 28 days).

The only issue i see is, those granted DL from a failed/refused asylum application and after they have completed 6 years of DL(minus 28 days), using form SET(O) to enable them to use the PEO service, again, i'am not stating to use it, but if their case is complicated, it is not recommended to use anyways and just apply for postal using form DL.

Again, this all comes down to the case worker and what the guidance is set out for them to follow and apply and above all their understanding, either way it is a risk. Again, i will always recommend to use the correct.

[19suf]

6 year dlr

Hi i m married a british citizen and i applied as a spouse in 2011 given dlr coz i was overstayer so i got my first drl 3year feb 2012 n second 3 year in march 2015 now i have a child also. so my questions are
What application form i have to use
Do i need english and life in the uk qualification certificate
Do i need to show any earning
And overall could you please tell me what documents i need to submit also can i go for premium service.
Your help Will be appriciate .please
Many thanks

[mkhari]

I didn't apply because I was told from the beginning by my solicitor that I cant and she doubled checked it.

I even emailed the home office PEO service team after I applied by postal and asked them if I can pay the same day service fees AND THEY EMAILED ME BACK SAYING THAT I CANT.

If i am not wrong you used Set O form and send by postal application
if its true then i think its wrong decision
if you wereconfirmed to use postal application you should use FLR DL and if you used Set O you shoudl try same day

thats my understanding

[mkhari]

I dont get this i have being following this forum for long long time and learnt alot from everyones experience ... Everyone's experience varies.

I completed 6 years discretionary leave to remain (failed asylum seeker) which i received in august 2011. Applied through set o after being advised by my solicitor on the 25/08/2017.

Some here say use flr dl form and some say use set o form. What is rite and what is wrong.. This is scary.

Some stated that they went through set o form route after being fully finishing 6 years discretionary leave to remain which they received after a failed asylum claim and received their ilr through same day service which I think is called PEO...

I tried to do it (same day decision) and pay more and communicated with the home office and my solicitor and both said you can't use it. I emailed the home office and they emailed me saying my case doesn't cover same day service.

So how come people here in this forum with the same case got allowed (same day decision) and others not.

Really confused.. What is rite and what is wrong? Have i filled the wrong form through my solicitor?

Your feedback would be welcome and respected if you only know for sure.. I have being waiting since 25 August 2017.

my understanding is, if you were granted DL following a failed/refused asylum application, after completing 6 years of DL (minus 28 days) you would become eligible for ILR and would use form DL to make the ILR application, unfortunately this form does not have the PEO option and can only be sent by post.

Again, those granted DL (non asylum), after completing 6 years DL (minus 28 days) you would be eligible to apply for ILR using the form SET(O) and the PEO option is available in that, now my understanding is, there does not seem to be any restriction or any wording to that affect that restricts those granted DL after a failed/refused asylum application and then being granted DL to use form SET(O) for an application of ILR, after completing the 6 years of DL(minus 28 days).

The only issue i see is, those granted DL from a failed/refused asylum application and after they have completed 6 years of DL(minus 28 days), using form SET(O) to enable them to use the PEO service, again, i'am not stating to use it, but if their case is complicated, it is not recommended to use anyways and just apply for postal using form DL.

Again, this all comes down to the case worker and what the guidance is set out for them to follow and apply and above all their understanding, either way it is a risk. Again, i will always recommend to use the correct.

I am agree with CMOSUK
although i am taking huge risk to go for same day with Set O
if they not decide same day its still no too bad rather than reject it

[CMOSUK]

6 year dlr

Hi i m married a british citizen and i applied as a spouse in 2011 given dlr coz i was overstayer so i got my first drl 3year feb 2012 n second 3 year in march 2015 now i have a child also. so my questions are
What application form i have to use.
You would use form SET(O)
Do i need english and life in the uk qualification certificate.
There is not language requirement(no b1 or life in the UK test requiremtn for those applying for ILR after 6 years of DL
Do i need to show any earning.
Although there is no maintenance (£18,600) requirement, UKVI will still want to see some form of evidence on how you are maintaining yourself.
And overall could you please tell me what documents i need to submit also can i go for premium service.
If you are applying using SET(O) form, then you can use the premium service, as for documents, you will need letters in either joint names or each of your names (maximum you can submit is 2 years), anything also regarding your child and how both play an important role for your child's foreseeable future. There is more, but preferably if you do a search you should get the answers to this. Again, the requirements are not as much as compared to the other visa categories. DLR is granted outside the immigration rules and normally further grants of DL are granted if the circumstances are still the same for the reasons granted as the first time. In this case, it seems like based on your marriage to a British citizen.
Your help Will be appriciate .please
Many thanks

Hi, If you could make your own thread it would be better as it will then separate your questions from the OP's, otherwise it is unfair on the OP for you to be posting in their thread.

[19suf]

Thanks a lot for your helpful reply

[Alz3eem2002]

Hi mkhari,

I don't think its wrong using set o. 2 of the forum members with the same case used it and got the ilr.

The issue is I am using a well represented solicitor and they even said during filling the form nothing is clear by the home office.

Some used SET O and got ilr,,,some used FLR and got ilr....

Some with same case (asylum failure) used same day service (although it clearly says you cant) and got ilr and some tried it and got rejected, and cant use same day service...

you see the confusion has not come from a blank area... The Home office has no guidelines and the solicitors are confused.

It will be a big disappointment for me if I get refused as I am wanting to staright away apply for my wife's spouse visa..I cant wait

[mkhari]

Hi mkhari,

I don't think its wrong using set o. 2 of the forum members with the same case used it and got the ilr.

The issue is I am using a well represented solicitor and they even said during filling the form nothing is clear by the home office.

Some used SET O and got ilr,,,some used FLR and got ilr....

Some with same case (asylum failure) used same day service (although it clearly says you cant) and got ilr and some tried it and got rejected, and cant use same day service...

you see the confusion has not come from a blank area... The Home office has no guidelines and the solicitors are confused.

It will be a big disappointment for me if I get refused as I am wanting to staright away apply for my wife's spouse visa..I cant wait

I agree as long as confusing

i m also confused

[Alz3eem2002]

The answer would be know one knows what is right and wrong. I have followed most of the threads.. Some had exactly the same status as me and many others and got their fast track accepted and received their ILR approval on same day.. Others with the same experience and were rejected or told they cant...

It depends on their mood and who sees it and whether they are bothered... What has surprised me is even solicitors dont know and keep taking the cases and sending it in the hope that it will get approved... If not that's extra money for them as you'll need helplessly to go for judicial review.

If Inshallah i receive my ilr i would tell you my whole experience and it would benefit everyone.. As my case went through a lot..

[luqi2020]

I didn't apply because I was told from the beginning by my solicitor that I cant and she doubled checked it.

I even emailed the home office PEO service team after I applied by postal and asked them if I can pay the same day service fees AND THEY EMAILED ME BACK SAYING THAT I CANT.

If i am not wrong you used Set O form and send by postal application
if its true then i think its wrong decision
if you wereconfirmed to use postal application you should use FLR DL and if you used Set O you shoudl try same day

thats my understanding

I am agree bro
If I could apply through post I would use DL form.
Because I was granted my leave DL form. But
I am going to use PERIMIUM service through SET O form.
I know it’s risky. And lots of Money involve.
I hope I will be granted by the grace of Allah.
Inshallah.

[mavi1]

Hi Alz3eem2002!
did u get ILR? Any update?

I am also in the same boat like u..I applied by post with Set o form in August 17 after 6 years descretionary leave but didn't get any decision yet. so worried.

[CMOSUK]

The answer would be know one knows what is right and wrong. I have followed most of the threads.. Some had exactly the same status as me and many others and got their fast track accepted and received their ILR approval on same day.. Others with the same experience and were rejected or told they cant...

It depends on their mood and who sees it and whether they are bothered... What has surprised me is even solicitors dont know and keep taking the cases and sending it in the hope that it will get approved... If not that's extra money for them as you'll need helplessly to go for judicial review.

If Inshallah i receive my ilr i would tell you my whole experience and it would benefit everyone.. As my case went through a lot..

I don't believe this to be the case, yes the UK immigration law and procedures are complicated and at times there is not enough clarity and guidance on particular aspects of the law.

I would also like to add that, DLR is granted outside of the general immigration rules and at the discretion of the Secretary of state.

In some way, those granted it, please don't misunderstand me, are lucky (including my wife) as what may have normally resulted in the general grounds of refusal, still a grant was exercised in our favour.

On top of that when you actually think about it, the requirements are relaxed compared to other visa categories that need to be completed before being eligible for ILR, as well as certain restrictions may be removed while on this type of leave to remain.
The fact transitional arrangements are in place that UKVI have to honour to those granted DLR before 9 July 2012 of which after this date was changed to the FLR (FP) & FLR (M) routes, now requiring 10 years of legal stay before being eligible for ILR.

I would also like to state that those that now fall on these categories, Article 8 is now not considered where previously it was (would like confirmation on this)

but the case worker would still have some sort of guidance to follow and adhere to. Again this comes down to the evidence submitted and how complex your case is.

If I have made any mistakes, apologies in advance and please correct me.

[19suf]

Hi thanks for previous answer. Can i ask you that my 6 year dlr is going to be finish on 20th of march 2018 so do i have to apply after 20th march or before if before when i will be eligible to apply for ilr. Please answer. Thanks again ..

[mkhari]

The answer would be know one knows what is right and wrong. I have followed most of the threads.. Some had exactly the same status as me and many others and got their fast track accepted and received their ILR approval on same day.. Others with the same experience and were rejected or told they cant...

It depends on their mood and who sees it and whether they are bothered... What has surprised me is even solicitors dont know and keep taking the cases and sending it in the hope that it will get approved... If not that's extra money for them as you'll need helplessly to go for judicial review.

If Inshallah i receive my ilr i would tell you my whole experience and it would benefit everyone.. As my case went through a lot..

I don't believe this to be the case, yes the UK immigration law and procedures are complicated and at times there is not enough clarity and guidance on particular aspects of the law.

I would also like to add that, DLR is granted outside of the general immigration rules and at the discretion of the Secretary of state.

In some way, those granted it, please don't misunderstand me, are lucky (including my wife) as what may have normally resulted in the general grounds of refusal, still a grant was exercised in our favour.

On top of that when you actually think about it, the requirements are relaxed compared to other visa categories that need to be completed before being eligible for ILR, as well as certain restrictions may be removed while on this type of leave to remain.
The fact transitional arrangements are in place that UKVI have to honour to those granted DLR before 9 July 2012 of which after this date was changed to the FLR (FP) & FLR (M) routes, now requiring 10 years of legal stay before being eligible for ILR.

I would also like to state that those that now fall on these categories, Article 8 is now not considered where previously it was (would like confirmation on this)

but the case worker would still have some sort of guidance to follow and adhere to. Again this comes down to the evidence submitted and how complex your case is.

If I have made any mistakes, apologies in advance and please correct me.

Dear CMOSUK thanks for the detail answer

This 6 Years DLR to ILR case is confused
I have advised by almost 50 Solicitors and some of them are professional registered OISC in which 80% said SETO is right form and we can use same day
10% said FLRDL is right form and only we can do postal application

so 90% are agreed that as soon 6 years completed 28 days before we can aply for ILR

only 10% said FLRDL and 28 days before expiry of visa

Its mean in this DLR to ILR issue Solicitors are not 100% confirmed what is rigth choice

[Alz3eem2002]

Thanks CMOSUK,

All what you just is respected but don't forget that what MKHARI said just concluded the response I was about to give.

With MKHARI forms percentage and what to use this only shows one thing = The solicitors who are accredited are not sure and the Home office has no guidelines for the solicitors to follow, they are making it hard for them.

You know as I know clearly that we here know more than solicitor's in specific areas around immigration.
Solicitors follow guidelines, we follow peoples experience and go to details and thereafter decide what is right and what is wrong.

I KNOW YOU HAVE STATED that we need to be thankful to them (HOME OFFICE) but don't forget too I had to pay for most of my applications and solictors for the dlr x2 and now the ilr... we pay huge amounts and still we are kept in dilemma...

I would definitely my friend speak about my story WHEN I GET MY ILR....Because I have experienced different types of dilemma from the DLR SECOND APPLICATION until the ILR applicaton submission NOW.

Please keep updating us and everyone because our cases are similar, especially the ones outside immigration rules DLR....

LETS KEEP WAITING.......

[mkhari]

Logically speaking
Its true home office Confirmed in FLRDL form that
This form is for the following categories:
An application for further leave from a person refused asylum and granted Discretionary Leave.
An application for settlement from a person refused asylum and granted Discretionary Leave.
An application for further leave from a person refused asylum and granted Exceptional Leave to
Remain.
An application for settlement person refused asylum and granted Exceptional Leave to Remain

but on the same hand side If we read Same day service eligibility in which Home office didnot mention that failed asulm seeker after 6 years DL cant apply ILR

they only mention
you’re applying to settle in the UK after 6 years discretionary leave
and in DLr guidiline the mentioned
Transitional arrangment for people applier before July 2012 in which they did not categories Asylum or non asylum [ it was for everyone]

so logically anyone can go for PEO in DLR cases and if HO reject, decision easily challnegeable

thats my point of view

[Alz3eem2002]

Hi mkhari,

You might be right but the question would you take the challenge route which takes ages....its like a flip of a coin whether it drops on heads or tails...

I am intending to write them a letter...via my mp about the progress...

By the way on their website status checker it is stating ''awaiting decision''...for the last 2 and a half months...

[CMOSUK]

Hi thanks for previous answer. Can i ask you that my 6 year dlr is going to be finish on 20th of march 2018 so do i have to apply after 20th march or before if before when i will be eligible to apply for ilr. Please answer. Thanks again ..

Hi,

As previously stated, it would be better if you started your own thread for your own questions.

You can apply 28 days before or within 28 of reaching 6 years of DLR.


My understanding would be 21 February 2018 would be the earliest you can apply if it expires on the 20th of March 2018,.

[Alz3eem2002]

LETS KEEP POSTING THE UPDATES AS WE ALL SHARE THE SAME CRITERIA....

[Alz3eem2002]

Dear all,

I am going to count on your experience on this one. Luqi, mkhari and others I believe you could solve this.
I have spoken to my MP about the urgency of my case to be looked at as I have an emergency. So the MP said she will contact the Home office and see if they can put the case AS URGENT.

I was told today by my MP that the home office have replied to them AND THEY ARE NOT PUTTING IT UNDER URGENT REQUEST BUT that I can use the Premium service.

I was told previously by the home office that my case doesn't fall under the premium service category (2 x dlr after a failed asylum case under the transitional). Now they are stating to the MP that I can use it. They replied to my Mp via email.

So I have asked my MP to send me a written letter that they got the confirmation and would attach it with it.

I spoke to my solicitor and they said its not a guarantee and if I applied I'll need to fill the form and pay the £490 fee which does not require me to attend.
I thought its necessary to attend to get a same day decision and pay the attend in person £590.

"Dear xxxxxx
If the Home Office agree to consider your application under the faster premium service route, then a decision will be made within 5 working days. You only attend in person, if the Home Office want you to attend and then pay the extra £100."

WHAT DO YOU THINK GUYS I SHOULD DO....

[mkhari]

thats a good move
ask MP to sen dyou written proof

also my point of view email home office with that written proof which yoru MP will provide you and tell them change yoru application to premium service then you might need to pay £590 and complete SET o form

[Alz3eem2002]

Hi mkhari... Have you got the same case as me...

If yes... Have you applied...

If they agree... What happens next.. Do they set an appointment... Will they send me to Sheffield Croydon or Liverpool