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Status if DL rejected but current leave still valid?
Posted: Tue Apr 10, 2012 9:07 pm
by johnjkjk
I'm on Tier 2 General for another couple of years but may be eligible to apply for discretionary leave under a certain category.
If I were to put in an application, and it got rejected, would my existing leave be curtailed or would it continue? Conversely, would it automatically be rejected since I do leave leave to remain for a while?
Would such a rejection affect my 'record' for any future ILR applications?
Thanks!
Posted: Tue Apr 10, 2012 9:37 pm
by Lucapooka
It will replace your existing leave which will continue if it's refused. Why do you need DL; is your current leave and its continuity in some jeopardy?
Posted: Tue Apr 10, 2012 9:53 pm
by johnjkjk
Thanks for the info. Why DL? In the short term yes, my current leave is in jeopardy, I am due to work for a new employer but they haven't had much success in obtaining a sponsor licence. I've essentially been head-hunted and if my current employer finds out, I may be made redundant out of spite.
Apart from that, tier 2 is highly restrictive- Can't easily switch employers, be self-employed etc and I may be eligible for DL, so I thought I'd give it a go.
Posted: Tue Apr 10, 2012 9:55 pm
by Greenie
On what grounds do you think you are eligible for DL?
Posted: Tue Apr 10, 2012 10:12 pm
by johnjkjk
I'm sure you'll appreciate that I can't quite go into further detail on an open forum, but suffice it to say, I have strong grounds!
Posted: Tue Apr 10, 2012 11:15 pm
by Greenie
If you can't go into it then no one can comment. Seek legal advice.
Posted: Wed Apr 11, 2012 12:07 am
by johnjkjk
Hi Greenie- I really do appreciate your taking the time to reply, however I was interested in a specific query which has been answered by Lucapooka. I don't need advice on my DL application, but thank you for offering!
Thanks everyone for your assistance, this forum is wonderful.