Page 1 of 1

ILR ELIGIBILITY AS A DEPENDANT WITH DISCRETIONARY LEAVE

Posted: Sun Jun 10, 2012 8:42 pm
by dbm
I WAS RECENTLY GRANTED DISCRETIONARY LEAVE ON HUMAN RIGHTS GROUNDS VIA TRIBUNAL BASED ON FAMILY LIFE.THE REASON FOR THIS WAS BECAUSE I WAS REFUSED STAY WHEN MY FATHER APPLIED FOR A NEW WORK PERMIT BECAUSE I WAS OVER 18.I INITIALLY CAME INTO THE UK IN 2004 A DEPENDANT ON MY FATHER'S WORK PERMIT HOLDER AND THE REST OF MY FAMILY(MOTHER & SIBLINGS) ARE ALSO WORK PERMIT DEPENDANTS.
AS MY FAMILY IS NOW DUE TO APPLY FOR ILR I NEED TO KNOW A FEW THINGS

1)AS IM NOW 24 AND TURNING AND 25 SOON WILL THIS AFFECT MY APPLICATION (I AM STILL DEPENDANT ON MY PARENTS FULLY AND JUST HAD A FULL TIME JOB FOR 5 MONTHS ,HOWEVER WONT BE FOR LONG AS I HAVE A PLACE FOR UNIVERSITY THIS SEPTEMBER)

2)AS I WAS GRANTED 3 YEARS DISCRETIONARY LEAVE TO REMAIN WILL I HAVE TO WAIT ANOTHER 3 YEARS BEFORE I CAN APPLY FOR LEAVE TO REMAIN (THE RULING PASSED WHEN MY APPEAL WAS ALLOWED WAS THAT I SHOULD BE GIVEN STAY WHICH WILL EXPIRE AT THE SAME TIME AS THE REST OF THE FAMILY)

ANY ASSISTANCE WOULD BE WELCOME
THANK YOU :arrow: :arrow:

Posted: Sun Jun 10, 2012 10:18 pm
by geriatrix
1. Before you become eligible for settlement, you'll need to apply for extension of discretionary leave.
2. You will become eligible for settlement only after completing 6 years in the UK on discretionary leave.

And, please don't shout.

Posted: Sun Jun 10, 2012 10:36 pm
by Greenie
She may qualify for settlement earlier if she meets the requirements of the 10 years long residence rule-given that she has been here since 2004.

Posted: Sun Jun 10, 2012 10:40 pm
by geriatrix
Sorry, I missed noting that the OP has been in the UK since 2004. Thanks for pointing out that fact.
dbm, ignore my earlier response (for now at least).

You cannot be included as a dependant in your father's settlement application.
Read through this guidance and see if you meet the requirements for settlement under (10 year lawful) long residence. Having read it if you have any queries, please post.