When can i apply for ILR?

[Pinky5688]

Hello everyone,

I have been following this forum for some time and I have finally decided to post my question as I am not sure when I have to apply for ILR. Thank you to everyone who has been posting their replies and giving their valuable time to the forum.

Basically my appeal for private life (article 8 EHCR) was allowed in the upper tribunal in February 2012 and i was issued limited leave to remain visas in October 2012 which was valid up to October 2015. I then made an intime application for extension using FLR(O) form in October 2015 and was issued another limited leave to remain visas from February 2016 to February 2019.

I would like to know when i can apply for ILR?

[CMOSUK]

Hello everyone,

I have been following this forum for some time and I have finally decided to post my question as I am not sure when I have to apply for ILR. Thank you to everyone who has been posting their replies and giving their valuable time to the forum.

Basically my appeal for private life (article 8 EHCR) was allowed in the upper tribunal in February 2012 and i was issued limited leave to remain visas in October 2012 which was valid up to October 2015. I then made an intime application for extension using FLR(O) form in October 2015 and was issued another limited leave to remain visas from February 2016 to February 2019.

I would like to know when i can apply for ILR?

Where you issued discretionary leave to remain for 6 years?

[vinny]

I think you may be eligible for ILR from 28 days prior to the 6th anniversary of your initial discretionary leave.

[Pinky5688]

Thank Cmosuk and Vinny for your replies.

The letter I received in October 2012 stated from HO stated" I am writing to inform that , although you do not qualify for leave to remain in the United Kingdom under the Immigration rules, it has nonetheless been decided that discretion be exercised in your favour. You have therefore been granted limited leave to remain in the United Kingdom in accordance with the principles set out in the Home Office policy instruction on Discretionary Leave. You have been granted discretionary leave to remain till October 2015.

Applying For An Extension:
Before the period of leave that you have been granted expires, you should either depart from the United Kingdom or apply for an extension of stay, explaining the basis on which you are seeking to remain longer. A person will not become eligible for settlement until they have completed 6 years of discretionary leave.

I made an in time application for extension using FLR(O) form in October 2015 and a further 3 years visas was granted from February 2016 to February 2019. The letter I received from HO with this visas stated " I am writing to inform that you have therefore been granted limited leave to remain in the United Kingdom in accordance with the principles set out in the Home Office policy instruction on Discretionary Leave. You have been granted discretionary leave to remain till February 2019 on the basis of your private life.

Applying For An Extension:
Before the period of leave that you have been granted expires, you should either depart from the United Kingdom or apply for an extension of stay, explaining the basis on which you are seeking to remain longer. When an extension of discretionary leave is sought, the request will be subject to an active review. A person will not become eligible for settlement until they have completed 6 years of discretionary leave.

Based on the above information, I would like what application form I have to submit and when I can apply for indefinite leave to remain?

Thank you.

[CMOSUK]

Thank Cmosuk and Vinny for your replies.

The letter I received in October 2012 stated from HO stated" I am writing to inform that , although you do not qualify for leave to remain in the United Kingdom under the Immigration rules, it has nonetheless been decided that discretion be exercised in your favour. You have therefore been granted limited leave to remain in the United Kingdom in accordance with the principles set out in the Home Office policy instruction on Discretionary Leave. You have been granted discretionary leave to remain till October 2015.

Applying For An Extension:
Before the period of leave that you have been granted expires, you should either depart from the United Kingdom or apply for an extension of stay, explaining the basis on which you are seeking to remain longer. A person will not become eligible for settlement until they have completed 6 years of discretionary leave.

I made an in time application for extension using FLR(O) form in October 2015 and a further 3 years visas was granted from February 2016 to February 2019. The letter I received from HO with this visas stated " I am writing to inform that you have therefore been granted limited leave to remain in the United Kingdom in accordance with the principles set out in the Home Office policy instruction on Discretionary Leave. You have been granted discretionary leave to remain till February 2019 on the basis of your private life.

Applying For An Extension:
Before the period of leave that you have been granted expires, you should either depart from the United Kingdom or apply for an extension of stay, explaining the basis on which you are seeking to remain longer. When an extension of discretionary leave is sought, the request will be subject to an active review. A person will not become eligible for settlement until they have completed 6 years of discretionary leave.

Based on the above information, I would like what application form I have to submit and when I can apply for indefinite leave to remain?

Thank you.

You can use form SET(O) and by the wording of the letter, your initial grant date of DLR is
XX-October-2012
to
XX-October-2018

So you may apply for ILR 28 days before or within 28 days of your qualifying 6 year DLR period starting from your first grant date.

Correct me if I'am wrong but you seem to come under the transitional Arrangements and not the immigration rules in place after 9 July 2012.

[Pinky5688]

Thanks CmosUK.

The issue is slightly confusing in the sense that I won my appeal for private life in the upper tribunal in February 2012 which is obviously before 9th July 2012. However the first set of DLR visas were issued in October 2012 which is after 9th July 2012. A big point to note is that the letters i received from HO is October 2012 and February 2016 states that a person will not become eligible for settlement until they have completed 6 years of discretionary leave.. This statement proves that I am eligible to apply for settlement after completing 6 years of discretionary leave.

I believe you are right that I come under the transitional provision and can apply from 28 days of the first set of DLR visas (issued in October 2012).

Can you advise what documents i will require for ILR application? I want to start preparing from now and do not wish to leave anything last minute.

[CMOSUK]

Thanks CmosUK.

The issue is slightly confusing in the sense that I won my appeal for private life in the upper tribunal in February 2012 which is obviously before 9th July 2012. However the first set of DLR visas were issued in October 2012 which is after 9th July 2012. A big point to note is that the letters i received from HO is October 2012 and February 2016 states that a person will not become eligible for settlement until they have completed 6 years of discretionary leave.. This statement proves that I am eligible to apply for settlement after completing 6 years of discretionary leave.

I believe you are right that I come under the transitional provision and can apply from 28 days of the first set of DLR visas (issued in October 2012).

Can you advise what documents i will require for ILR application? I want to start preparing from now and do not wish to leave anything last minute.

Hi,

Have a read at these members threads, you will get a good idea of what documents to submit as they all where granted successfully all based on 6 years DLR (failed asylum application)

Please note they all used form SET(O) with the premium service.

luqi2020

azharmahmood

Afrapasse

Muji87

Alz3eem2002

mkhari

Have a read at these links, they are all very similar to your case and provides extensive information on what documents where provided.

My understanding is, the Home Office would then need to have implemented the decision before 9 July 2012 as you won your appeal in February 2012.

Hope this helps you.

[Pinky5688]

Thank you CmosUK. Will be in touch soon with a list of questions which I may need help on answering on
Set(O) form.

[Pinky5688]

Hello Everyone,

I will be applying for ILR in October 2018, however I am starting to prepare documents and complete draft copy of the application form now.
What I understand from replies to my previous posts, my application falls under transitional arrangements prior to 9th July 2012. I understand it is important to provide a copy to confirm this with the application form. Could someone please post a link to transitional arrangements page so that I can print it and submit with the application form.
Thank you.

[CMOSUK]

Hello Everyone,

I will be applying for ILR in October 2018, however I am starting to prepare documents and complete draft copy of the application form now.
What I understand from replies to my previous posts, my application falls under transitional arrangements prior to 9th July 2012. I understand it is important to provide a copy to confirm this with the application form. Could someone please post a link to transitional arrangements page so that I can print it and submit with the application form.
Thank you.

Page 10 of the of Chapter 8: family members transitional arrangements

Individuals granted Discretionary Leave before 9 July 2012

And

Discretionary leave
Asylum policy guidance on discretionary leave.

Page 24 section 10

[Pinky5688]

Thanks Cmos.

I believe that I will have to print page 10 or all of the document of transitional arrangements for family members even though I was granted DLR under private life. Please confirm so that I can print it out.

[CMOSUK]

Thanks Cmos.

I believe that I will have to print page 10 or all of the document of transitional arrangements for family members even though I was granted DLR under private life. Please confirm so that I can print it out.

You could print page 10.

Either way the case worker should be aware that transitional arrangements will apply to those granted before 9 July 2012 are in place, if all the relevant documents and information is given.

You could also mention this in a covering letter which you will need to supply with your application as well.

[Pinky5688]

Thanks Cmos.

Shall I also mention on the covering letter that I am not subject to the following:
- Life In The UK Test
-Knowledge Of Language And Life In The UK

Please see list of documents I am looking to supply to support my application:
- passport
-Last 6 months payslips
-Last 6 months bank statements
- Last 6 months utility bill ie council tax, gas, electric and water
- Proof of home ownership
- 1st letter of grant of DLR visas
- 2nd letter of grant of DLR visas
- P60 for last 3 years

Are there any other documents apart from the above that you may think are important in supporting my application?

[Pinky5688]

Hello.

Could someone please reply to my previous post as it will help me start preparing my application.

Thank you.

[Pinky5688]

Hello.

I need help on answering question 6.1 and 6.2 on Set (O) form.

My brief immigration history is I came to the UK on a spouse visa in August 2008. Marriage broke in 2010. I was given DLR visas for 3 years in October 2012 to October 2015 based on private life. In October 2015 , applied for an extension on DLR visas and was issued for another 3 years from February 2016 to February 2019.

Question 6.1 is asking when did I first enter the UK?
Question 6.2 is asking about any absences I have had from the UK? - I don't quite understand this question. Is it important to answer ?

Thank you.

[CR001]

The questions are pretty clear and are not 'trick' questions.

Date you first entered the UK, simply state the date.

6.2 - you must complete the absences.

All questions relevant to you are important and must be completed.

[Pinky5688]

Thanks CR001.

Are the following documents sufficient for SET (O) application based on private life :

- passport
-Last 6 months payslips
-Last 6 months bank statements
- Last 6 months utility bill ie council tax, gas, electric and water
- Proof of home ownership
- 1st letter of grant of DLR visas
- 2nd letter of grant of DLR visas
- P60 for last 3 years

Are there any other documents apart from the above that you may think are important in supporting my application?

[CMOSUK]

I think in regards to utility bills and letters in your name to show you have been resident here should cover the 3 rear period in my opinion.

You should include:

BRP card
ALL passports valid or expired.
Covering letter.
Maybe include letters from friends and family in support to establish how you you have established life in the UK.
Latest SET(O) form completed and signed.

My understanding is in regards to letters addressed to you, it can be any correspondence addressed to you. You don't need to have 1 document per month but rather 1 every 4 months for the period of 3 years as DLR is granted in periods of 3 years, using at least 3 different sources.

I state the above as my understanding is, you would have to show how you have established your life in the UK and removal or refusal of ILR would be unfair and have an impact on it.

This is my understanding and opinion of it.

[Pinky5688]

Thank you Cmos for the update.

Could you please elaborate what sort of correspondence letters I could submit to support my application?
The only correspondence letters I get in my name are utility bills, bank statements, payslips , P60, car insurance , home insurance, mobile bill. All these documents are online now. I can arrange for them to printed.

[Pinky5688]

Hello.

A brief history about me is that I will be completing my 6 years of DLR visas in October 2018 and I was granted the DLR visas under private life. I am in the UK since August 2008. I entered the UK on spouse visa , however marriage broke down in 2010 and was then issued DLR visas in October 2012.

I am writing to find out what I need to write in Section 3B on SET (O) FORM. I am applying under other purposes or reasons not covered by other applications forms.. The question reads as follows " If you have ticked the other purposes or reasons category, please explain briefly why you are applying for indefinite leave to remain in the UK. You will also need to provide a letter explaining in more detail why you are applying and the category of your last grant of leave."

Can someone please advise what would be the answer to the above question? Many thanks.

[CMOSUK]

Hello.

A brief history about me is that I will be completing my 6 years of DLR visas in October 2018 and I was granted the DLR visas under private life. I am in the UK since August 2008. I entered the UK on spouse visa , however marriage broke down in 2010 and was then issued DLR visas in October 2012.

I am writing to find out what I need to write in Section 3B on SET (O) FORM. I am applying under other purposes or reasons not covered by other applications forms.. The question reads as follows " If you have ticked the other purposes or reasons category, please explain briefly why you are applying for indefinite leave to remain in the UK. You will also need to provide a letter explaining in more detail why you are applying and the category of your last grant of leave."

Can someone please advise what would be the answer to the above question? Many thanks.

You would be applying for ILR as you will have completed the 6 year qualifying period required (minus or within 28 days of completing 6 years DLR of course) and under the transitional Arrangements for those who were granted before 9 July 2012 immigration rule changes.

[Pinky5688]

Thank you Cmosuk. I believe your reply is a brief answer to the question, however the application form is also requesting for a letter in detail ?
What would I write in this case?

[CMOSUK]

Thank you Cmosuk. I believe your reply is a brief answer to the question, however the application form is also requesting for a letter in detail ?
What would I write in this case?

Hi,

I can only go on the Information provided, after re-reading the entire thread, there isn't much to go on except that you where granted DLR due to your private life and prior to that your marriage broke down, I dont see any mention of children from the marriage or as such.

However when you do write your cover you should mention that you were granted DLR due to private life and explain how this continues and demonstrate the reasons and circumstances where the same through out your DLR continous leave and where why it was granted to you in the first place.

Again, every case and person providing on the DLR route to ILR covering letter will be different as they are based on their circumstances and it is those circumstances that they where granted DLR and as far my understanding is, it must continue to do so without significant changes to my knowledge.

I hope this answers partially to your query. Again it is difficult to answer as I do not know you and can only go on the information.

As an example: my wife will write her covering letter and explain how she is eligible to apply for her ILR as she is in the qualifying period of 6 years to do so.

She will write how the circumstances prevailing at the time of grant of DLR still continues, I.e: we are still married and still have responsibilities mentioned before, how she has integrated into UK:

Family & friends
Job
Responsibilities
Marriage
Children
Future (family planning or other aspects such as to settle permantly by being resident in the UK).

I hope this gives you an idea.

[Pinky5688]

Thankyou Cmosuk.

I have quite understood your reply and I basically need to write on the covering letter that my circumstances have not changed since the first issue of DLR visas and that also how I have integrated more in the UK lifestyle.

[Pinky5688]

Hello Cmosuk,

You previously advised that I could submit letters of support from family to show how I have established my private life in the UK. Could you give a couple of examples on what family members would write to support my application. Also would pictures with family support my ILR application.

Thanks.