URGENT: 10-years-continuous residency Vs 6-years-DL

[kirankpai]

Hello. If I am eligible for two options below to apply for ILR, which is beter please?:

Option-1: based on 10-years-continuous-residency
Option-2: based on 6-years-DL (Discretionary Leave)

What is the absence rule for 6-years-DL application please?

Also, if my ILR will be rejected in one option, then will they accept it if I apply using the other option immediately after that?

DETAILS:
I came to UK first in 2006, had an accidental visa gap between 2006 and 2007 due to which my ILR application was rejected in 2011, but thereafter I got DL thrice (17-Apr-2012 to 9-Nov-2013, 1-Feb-2014 to 31-Jan-2017 and 20-June-2017 to 20-June-2020). Next month I think I can apply based on 6 years of DL, but I am also eligible to apply under 10-years-continuous residency as there was no visa gap since September 2007 onwards except the waiting time of the visa application. My past visa lettera said that I could use DL for continuous residency and that I cannot apply for ILR based on DL unless I complete 6 years of it, but then one lawyer pointed out that giving ILR after the 6 years DL is at the discretion of teh home office and not guaranteed unlike the 10-years-residency that can be claimed as far as it is proved by relevant documents like of bank, bills, council tax, tenancy agreements, passport, etc. Please advise which option to use next month for my ILR application.

Also, due to personal issues, I was stuck in India for 4 months recently though I have valid visa from 2017-2020. Will this affect applying through 6-years-DL. I know that for 10-years-continuous-residency, the absence allowed is 180 days at one time in a years and 540 days in all the 10 years.

Regards,
Kiran

[CMOSUK]

Hello. If I am eligible for two options below to apply for ILR, which is beter please?:

Option-1: based on 10-years-continuous-residency
Option-2: based on 6-years-DL (Discretionary Leave)

What is the absence rule for 6-years-DL application please?

Also, if my ILR will be rejected in one option, then will they accept it if I apply using the other option immediately after that?

DETAILS:
I came to UK first in 2006, had an accidental visa gap between 2006 and 2007 due to which my ILR application was rejected in 2011, but thereafter I got DL thrice (17-Apr-2012 to 9-Nov-2013, 1-Feb-2014 to 31-Jan-2017 and 20-June-2017 to 20-June-2020). Next month I think I can apply based on 6 years of DL, but I am also eligible to apply under 10-years-continuous residency as there was no visa gap since September 2007 onwards except the waiting time of the visa application. My past visa lettera said that I could use DL for continuous residency and that I cannot apply for ILR based on DL unless I complete 6 years of it, but then one lawyer pointed out that giving ILR after the 6 years DL is at the discretion of teh home office and not guaranteed unlike the 10-years-residency that can be claimed as far as it is proved by relevant documents like of bank, bills, council tax, tenancy agreements, passport, etc. Please advise which option to use next month for my ILR application.

Also, due to personal issues, I was stuck in India for 4 months recently though I have valid visa from 2017-2020. Will this affect applying through 6-years-DL. I know that for 10-years-continuous-residency, the absence allowed is 180 days at one time in a years and 540 days in all the 10 years.

Regards,
Kiran

Why was DL granted, I mean was it granted due to family life or private life? To me, from my research and understanding, it doesn't seem too compelling for then to grant DL for the this reason:

I came to UK first in 2006, had an accidental visa gap between 2006 and 2007 due to which my ILR application was rejected in 2011, but thereafter I got DL thrice (17-Apr-2012 to 9-Nov-2013, 1-Feb-2014 to 31-Jan-2017 and 20-June-2017 to 20-June-2020)

Again DLR is granted outside of the immigration rules and it may be (not %) but it still may be subject to the 180 days absence limit, again, DL is normally granted as well as further extensions if the circumstances prevailing at time of first grant are still applicable.

As far as my understanding is, since your first grant of DL was 17 - April - 2012, you may apply for ILR within 28 days of reaching the qualifying period 6 years of DL.