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DLR dependants and DLR to ILR

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Sk1017
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Posts: 3
Joined: Fri Nov 14, 2014 4:39 pm

DLR dependants and DLR to ILR

Post by Sk1017 » Fri Nov 14, 2014 6:10 pm

Many thanks in advance for the help might be very important to me as this is the only hope I am left with…

I am currently on a DLR, which was issued to me for 3 yrs based on Article 8- Right to family life (British parents and sibling- naturalisation).

I came to the country on a student visa (3 yrs.), followed by PSW (2 yrs.) and eventually put in an application to remain in the country based on Article 8 and got 3 yrs of DLR.

My queries are as follows:
1. Taking into account the application processing times and all the stays as mentioned above I shall have completed 10 yrs of legal and lawful stay in the country. Do I qualify for ILR based on long residence? Does DLR account for the long residency?
2. What are the processing times for
- DLR extension
- If eligible DLR to long residency ILR
3. Can I sponsor a visa for my wife when I am on DLR? If yes , which form/route to use? If no, what are the other best options to bring my spouse over, as I cannot wait until ILR. The letter accompanying the dlr visa when granted stated that "In normal situations I am not eligible for bringing any dependants over" but I believe this is an exception as I have been in a relation with my partner for nearly 12 years and have eventually got married this year.

Any and all help will be massively appreciated.

Thanks
Smit

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: DLR dependants and DLR to ILR

Post by vinny » Sat Nov 15, 2014 8:34 am

1. Two people at the UKVI cannot give a definitive answer to this Discretionary Leave and Long residence question!

Does "Discretionary Leave to remain" satisfy
276A(b) wrote:(i) existing leave to enter or remain
?

I think that it does.

Although Discretionary leave is granted outside the Immigration Rules, it is nevertheless a form of leave to remain. 276A(b)(i) does not seem to exclude this possibility. Unlike
284(i) wrote:(a) The leave was given in accordance with any of the provisions of these Rules; and
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