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Indefinite Leave to remain or discretionary leave to remain

Posted: Thu Sep 26, 2013 11:46 am
by amerabbas
Hi everyone, hope someone can help me. i applied for indefinte leave to remain in jan 2012 after 5 years as work permit holder. my application was refused because of 150 pounds fine in nov 2012. i went through the appeal process and was allowed in first tier tribunal and upper tier tribunal. upper tier tribunal appeal was in april 2013. since than i have enrolled my biometric information. i havnt recieved any reply from UKBA yet, although they granted me further leave to remain in may 2013.

my question are
1. how long it takes UKBA to return passport after biometrics?
2. will i be getting indefinte leave to remain or discretionary leave to remain?
3. if i apply for return of documents, will it affect my application now?

Any help will be appreciated.

thanks

Posted: Thu Sep 26, 2013 11:54 am
by vinny
If your appeal was allowed under the Immigration rules, then you should be granted ILR.

Posted: Thu Sep 26, 2013 12:09 pm
by amerabbas
Thanks vinnay, the appeal was allowed on human rights.

Posted: Thu Sep 26, 2013 1:21 pm
by Amber
Human rights, that would indicate family life leave to remain (2.5 years). Did the applicant have children?

Posted: Thu Sep 26, 2013 1:30 pm
by amerabbas
Nope. On Private life basis. I hv a 18 months old son bt he ws born after I applied for ilr. Me n my both are from outside eu

Posted: Thu Sep 26, 2013 1:34 pm
by Amber
That's good to see extra discretion being applied.

Posted: Thu Sep 26, 2013 1:50 pm
by amerabbas
does this mean that i will get discretionary leave to remain for 2.5 years. UKBA has already decided my case in May 13. the letter they sent me in may just mentioned that they have granted me further leave to remain. M waiting for my documents now.

Posted: Thu Sep 26, 2013 1:53 pm
by amerabbas
i came to uk in oct 2004 and did my masters from here before starting job as work permit holder in jan 2007.

Posted: Thu Sep 26, 2013 2:12 pm
by amerabbas
Sorry the letter which i received in May 2013 mentioned that they have granted me leave to remain in UK. i doesnt say further or indefinte leave to remain.