Optimus wrote: ↑Sat Jun 02, 2018 7:24 pm
Hi,
I was wondering if anyone can help. I am new to the forum so apologies if something similar has been posted or if I have posted this in the wrong place.
My question is, me and my family were granted DLR in October 2012 for 30 months under Article 8 Private Family Life.
This was renewed in March 2015 for another 30 months and now due to expire by the end of this month.
We were under the impression that after 2 segments of DLR we could apply for ILR, however we have been told by 2 different solicitors that we need to apply for DLR again and won't get ILR.
Short background, we came to the UK in 1996 and have been here ever since.
Can I apply for ILR using the SET (O) form or do I need to apply the FLR(DL) form and wait even longer before applying for ILR?
If you could provide more information to further help you.
On what basis did you come to the UK, did you seek asylum? If so, was it refused? Was there at any point a period of overstaying in the UK?
My understanding is, as you where granted under appendix FM and after the date of 9 July 2012, you will be on the route to settlement of 10 years or 4 x 2.5 year extensions.
I believe also, DLR was replaced by family life or private life appendix FM and therefore DLR is a closed route, only those that were granted it before the 9 July 2012 immigration changes transitional arrangements exist.
I believe for further extensions you may need to use FLR(FP) not
, I don't believe you qualify to use SET(O) as you state you and by my understanding you have just completed 2 sets of your leave to remain, so roughly 5 years.
I was thinking FLR(HRO) but it does state the following:
Use ‘Form FLR(HRO)’ to apply to extend your existing visa to stay in the UK (also known as ‘leave to remain’) and to get a biometric residence permit.
Use Appendix 1 FLR(FP) for a fee waiver if you are destitute and can’t pay to extend your stay.
The form is for these categories of visa:
discretionary leave (DL) if you have previously been granted DL but have not previously been refused asylum, granted less than four years exceptional leave)
medical grounds or ill health
human rights claims (not to be used for claims on the grounds of family or private life, including on the basis of family dependencies between a parent and a child, or for protection (asylum) claims)
leave outside the rules under the policy concessions in the leave outside the rules guidance
claims for leave outside the Immigration Rules because of compassionate and compelling circumstances
other claims not covered by another form
To make an application on the basis of your family or private life please use form FLR(FP).
To make an application for other routes under the Immigration Rules please use form FLR(IR).
Do you have access to public funds or do you have the '' no recourse to public funds'' endorsement on your BRP card?
The old DLR (pre 9 July 2012) allowed for recourse to public funds and was a 6 year route to settlement.
Again if more info can be provided it would help us to help you. If you could provide your full immigration history with valid to and expiry dates, including when you did the extensions (where they intime or not).
Also, which form did you use previously for the grant of further extension? Did you use FLR(DL)?
, I don't believe you qualify to use SET(O) as you state you and by my understanding you have just completed 2 sets of your leave to remain, so roughly 5 years.