Discretionary Leave: Application Form and Fees

[iguinee]

Hello,

I am a prospective applicant for Settlement. I am hoping that you will be able to provide me with clarifications in relation to:
1- the correct form to use for my application; and
2- the correct fee to pay.

Brief summary of my case
∙ I was granted Discretionary Leave – outside of Immigration Rules – in October 2011.
∙ I have accumulated the 6 years qualifying time to apply for Settlement and my current DL expires in April 2018.
∙ I am a single applicant, married to a British citizen.

My queries in relation to the available application form and the fee.

I have read the application form ‘FLR(DL)’, version 04/17, available online on www.gov.uk – See the form here: https://www.gov.uk/government/uploads/s ... -04-17.pdf.

I have also read the document titled ‘Asylum Policy Instruction’ on Discretionary Leave, Version 7.0, published on 18 August 2015, and available online: https://www.gov.uk/government/uploads/s ... 7.0ext.pdf.

As I have completed six years of continuous stay and now intend to apply for settlement, it appears on the ‘FLR(DL)’ form (page 2) that the fee I must pay is £2297 for a standard application posted to the Home Office.
However, on the ‘Asylum Policy Instruction’, it is noted on the last paragraph of page 4 that:
“Transitional arrangements apply to those granted DL for Article 8 reasons before 9 July 2012.”
Further down, on page 7, under 2.2 Immigration Rules, the following statement is noted:
From 9 July 2012, DL is no longer granted for family or private life reasons though caseworkers must be aware that there will be cases where people were granted an initial period of DL on the basis of their Article 8 rights before 9 July 2012 and must refer to section 10: Transitional arrangements.

Further down on page 24, it states the following:
"10.1 Applicants granted DL before 9 July 2012
Those granted leave under the DL policy in force before 9 July 2012 will normally continue to
be dealt with under that policy through to settlement if they continue to qualify for further leave
on the same basis as their original DL was granted (normally they will be eligible to apply for
settlement after accruing 6 years’ continuous DL (or where appropriate a combination of DL
and LOTR, see section 8 above)), unless at the date of decision they fall within the restricted
leave policy."

My questions are:
1- what form should I use to apply for Settlement?
2- Considering the Transitional arrangements highlighted above, should I be paying the £2297 which I believe was introduced AFTER 2011 (when I was first granted DL)? Bearing in mind, I renewed my DL free of charge in 2015 as it was deemed that I was under the category of those granted DL before 2012.
3- In any event, what is the correct fee to pay?

Note: Although I am not exactly sure why I was granted DL outside of Rules, I suspect it is because I was married to a British citizen and we have children together.

If anyone else has a similar story, it would nice reading their experiences on this DL (outside Rules) + fees + forms.

[CMOSUK]

Hello,

I am a prospective applicant for Settlement. I am hoping that you will be able to provide me with clarifications in relation to:
1- the correct form to use for my application; and
2- the correct fee to pay.

Brief summary of my case
∙ I was granted Discretionary Leave – outside of Immigration Rules – in October 2011.
∙ I have accumulated the 6 years qualifying time to apply for Settlement and my current DL expires in April 2018.
∙ I am a single applicant, married to a British citizen.

My queries in relation to the available application form and the fee.

I have read the application form ‘FLR(DL)’, version 04/17, available online on www.gov.uk – See the form here: https://www.gov.uk/government/uploads/s ... -04-17.pdf.

I have also read the document titled ‘Asylum Policy Instruction’ on Discretionary Leave, Version 7.0, published on 18 August 2015, and available online: https://www.gov.uk/government/uploads/s ... 7.0ext.pdf.

As I have completed six years of continuous stay and now intend to apply for settlement, it appears on the ‘FLR(DL)’ form (page 2) that the fee I must pay is £2297 for a standard application posted to the Home Office.
However, on the ‘Asylum Policy Instruction’, it is noted on the last paragraph of page 4 that:
“Transitional arrangements apply to those granted DL for Article 8 reasons before 9 July 2012.”
Further down, on page 7, under 2.2 Immigration Rules, the following statement is noted:
From 9 July 2012, DL is no longer granted for family or private life reasons though caseworkers must be aware that there will be cases where people were granted an initial period of DL on the basis of their Article 8 rights before 9 July 2012 and must refer to section 10: Transitional arrangements.

Further down on page 24, it states the following:
"10.1 Applicants granted DL before 9 July 2012
Those granted leave under the DL policy in force before 9 July 2012 will normally continue to
be dealt with under that policy through to settlement if they continue to qualify for further leave
on the same basis as their original DL was granted (normally they will be eligible to apply for
settlement after accruing 6 years’ continuous DL (or where appropriate a combination of DL
and LOTR, see section 8 above)), unless at the date of decision they fall within the restricted
leave policy."

My questions are:
1- what form should I use to apply for Settlement?
2- Considering the Transitional arrangements highlighted above, should I be paying the £2297 which I believe was introduced AFTER 2011 (when I was first granted DL)? Bearing in mind, I renewed my DL free of charge in 2015 as it was deemed that I was under the category of those granted DL before 2012.
3- In any event, what is the correct fee to pay?

Note: Although I am not exactly sure why I was granted DL outside of Rules, I suspect it is because I was married to a British citizen and we have children together.

If anyone else has a similar story, it would nice reading their experiences on this DL (outside Rules) + fees + forms.

Hi,

May i ask, what leave to remain where you on before you were granted DLR.

At this moment the fees for ILR are at £2297, however his will increase.

If you where granted DLR due to a failed asylum application, yes, you would use the form FLR (DL) for your application for settlement (ILR).

Otherwise you would use SET(O), my understanding is, for further grants of DL without the fee you must have used FLR(DL) with the fee waiver and not FLR(O).

There is no fee waiver when making an application for ILR.

At this point, if you want further clarification if you could clarify the type of leave you had before being granted DL.

[iguinee]

Hi CMOSUK,
Thank you so much for your quick response.

I had previously applied for asylum which was subsequently refused. Later on, I was granted DL outside of the Immigration Rules.

[CMOSUK]

Hi CMOSUK,
Thank you so much for your quick response.

I had previously applied for asylum which was subsequently refused. Later on, I was granted DL outside of the Immigration Rules.

Hi,

Please note there have been many members very recently who where granted DLR after a failed asylum application using the form SET(O) with the premium service and being successful.