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how to make settlement for discretionary leave daughter

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sujon76
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Posts: 4
Joined: Fri Apr 26, 2013 8:06 pm

how to make settlement for discretionary leave daughter

Post by sujon76 » Mon Jan 04, 2016 6:06 pm

hi , please someone help me how to make settlement for discretionary leave daughter, she did not born here(UK) and she 7 years old.

I got UK Passport June last year .(1o years long residence route)
I have another baby who got UK passport.

My wife and daughter(they came UK September 2012) got discretionary leave, when I applied Home office refused their application though I didn't have enough income(1,8600) to show , but Home Office gave discretionary when my another baby born here and got passport.

In discretionary leave they mention my wife and daughter will get settlement after 10 years.
I would like to know in the case of my daughter can I apply earlier for her settlement ? or have to wait
10 years ?

Someone please advise me.
Many Thanks.

physicskate
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Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: how to make settlement for discretionary leave daughter

Post by physicskate » Mon Jan 04, 2016 8:09 pm

sujon76 wrote:hi , please someone help me how to make settlement for discretionary leave daughter, she did not born here(UK) and she 7 years old.

I got UK Passport June last year .(1o years long residence route)
I have another baby who got UK passport.

My wife and daughter(they came UK September 2012) got discretionary leave, when I applied Home office refused their application though I didn't have enough income(1,8600) to show , but Home Office gave discretionary when my another baby born here and got passport.

In discretionary leave they mention my wife and daughter will get settlement after 10 years.
I would like to know in the case of my daughter can I apply earlier for her settlement ? or have to wait
10 years ?

Someone please advise me.
Many Thanks.
The 7 year route you are alluding to only leads to FLR. Additionally, she has to have LIVED in the UK for 7 years (not the 3 and a bit you have quoted). So no, she should wait 10 years for ILR, unless you can meet the £22,400 pa threshold and switch her and your wife to the five year path...

sujon76
Newly Registered
Posts: 4
Joined: Fri Apr 26, 2013 8:06 pm

Re: how to make settlement for discretionary leave daughter

Post by sujon76 » Mon Jan 04, 2016 10:17 pm

physicskate wrote:
sujon76 wrote:hi , please someone help me how to make settlement for discretionary leave daughter, she did not born here(UK) and she 7 years old.

I got UK Passport June last year .(1o years long residence route)
I have another baby who got UK passport.

My wife and daughter(they came UK September 2012) got discretionary leave, when I applied Home office refused their application though I didn't have enough income(1,8600) to show , but Home Office gave discretionary when my another baby born here and got passport.

In discretionary leave they mention my wife and daughter will get settlement after 10 years.
I would like to know in the case of my daughter can I apply earlier for her settlement ? or have to wait
10 years ?

Someone please advise me.
Many Thanks.
The 7 year route you are alluding to only leads to FLR. Additionally, she has to have LIVED in the UK for 7 years (not the 3 and a bit you have quoted). So no, she should wait 10 years for ILR, unless you can meet the £22,400 pa threshold and switch her and your wife to the five year path...
physicskate , thanks for your reply . if it is 10 years when it will be? from the date of they arrived in UK or the date when they got discretionary leave.
Many thanks.

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CR001
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Re: how to make settlement for discretionary leave daughter

Post by CR001 » Mon Jan 04, 2016 10:19 pm

10 years from the date they got discretionary leave.
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sujon76
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Posts: 4
Joined: Fri Apr 26, 2013 8:06 pm

Re: how to make settlement for discretionary leave daughter

Post by sujon76 » Sat Feb 13, 2016 9:52 pm

"CR001" Sorry for delay reply, and Thanks for your reply.

I would like to know one more things though my wife and daughter on discretionary leave and their visa it mention that "no resource of public fund", so if I take benefit like (Housing, Tax Credit, child Benefit) will it be any problem for their visa extension.

If anyone have any idea about this matter please advice me.
Thanks.

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CR001
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Re: how to make settlement for discretionary leave daughter

Post by CR001 » Sat Feb 13, 2016 9:59 pm

Child benefit in YOUR name ONLY.

Child tax credits must be in JOINT names with your spouse.

Housing benefit you will only get the single person plus children rate. Your spouse will be excluded from this calculation.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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