help wth ILR refusal

[bauzy]

i got my first 3yrs of discretional leave to remain in 2011 on article 8 as a father of a british child ,and after i spent 2 years of the second 3yrs DLR ,making a total of 5yrs stay ,can i apply for ILR knowing i have 1yr of DLR remaining ,any advice pls

[Casa]

You need to complete the 6 years on DLR before qualifying for ILR.

[bauzy]

moderator,pls can you look into transitional rule as i was told by a legal practitional that i will be qualified for ILR under transitional rule ,just want to be sure so i dont make mistake or anyone can help,is it true that after 5yrs of continuous residence (2 x 3yrs of DLR) in the uk i can apply for ILR under transitional rule

[vinny]

moderator,pls can you look into transitional rule as i was told by a legal practitional that i will be qualified for ILR under transitional rule ,just want to be sure so i dont make mistake or anyone can help,is it true that after 5yrs of continuous residence (2 x 3yrs of DLR) in the uk i can apply for ILR under transitional rule

2 x 3yrs = 6yrs.

[bauzy]

Appendix FM family life as a parent
Under Appendix FM, limited leave will be granted in periods of 30 months (33 months for entry
clearance to allow time for travel to be arranged) on a 5-year route to settlement (indefinite leave to
remain) and subject to a condition of no recourse to public funds (see section 12 of this
guidance).
A person in the UK with entry clearance or limited leave to remain as a parent granted under
Appendix FM on the basis of an application made from 9 July 2012 should apply for further
leave to remain no more than 28 days before their extant leave expires or no more than 28 days
before they have completed 30 months in the UK with such leave. Up to 28 days of extant leave
remaining at the date of application will be added to the period of leave granted.
An applicant on a 5-year route as a parent will be eligible to apply for indefinite leave to remain
(settlement) after a continuous period of 60 months (5 years) in the UK with limited leave as a
parent.

If the applicant does not meet the requirements of the Rules, and there are no exceptional
circumstances, the application should be refused.
For further information on exceptional circumsta

[Casa]

i got my first 3yrs of discretional leave to remain in 2011 on article 8 as a father of a british child ,and after i spent 2 years of the second 3yrs DLR ,making a total of 5yrs stay ,can i apply for ILR knowing i have 1yr of DLR remaining ,any advice pls

According to your opening post, you were granted DLR (outside of the Rules) and are on a 6 year route to settlement...not 5 years. You need to complete the 6 years before qualifying for ILR.

[vinny]

If the applicant does not meet the requirements of the Rules, and there are no exceptional circumstances, the application should be refused.

[bauzy]

since i applied early for ILR a year before spending 6yrs of DLR which means i applied for ILR after spending 5yrs ,if in case i am refused and they return my passport and visa as i still have a year to run on it ,is it possible to appeal as i have been with my partner and in living together for 3yrs or what advice is best for me ,thanks . note :i was granted DLR on private life on kids

[Casa]

So have you already applied for ILR?

[bauzy]

yes already did 2weeks ago

[Casa]

I can't see what grounds you would have for an appeal as the terms of your DL visa required you to complete the full 6 years before qualifying for ILR.

[bauzy]

well,set o section 3,i chose others and i wrote applying under transitional rule ,father of british children under part 8 who has been in uk continuously for 5yrs from the first day granted leave to remain before july 2012.do u think i can turn it to premium just to have my passport and my old biometric which is still valid till june 2017 so i can plan for holiday

[Casa]

Due to the complexity of your application you are unlikely to have it upgraded to premium. You do realise that if the application is refused as being invalid that you will lose your visa fee?

"You also can’t use the premium or super premium service if you’re applying for discretionary leave to remain or humanitarian protection unless:
you’re applying under the transitional arrangements to extend your discretionary leave after 3 years
you’re applying to settle in the UK after 6 years discretionary leave"

You've applied after only 5 years on DL.

[bauzy]

what will happen or what do u think will happen,will they return my passport n biometric card

[Casa]

I think they'll return your passport & BRP as an invalid application, but this may take some time to process.

[bauzy]

the most worrying part is that i posted my application on the 4th of july and they received it on the 5th of july,till now no acknowledgement letter,thats why i am considering switching to premium so that the decision can be made and quick as i know its possible i loose the application fee but i will like to have the travel document so i can buy ticket for travel,do u have a qlue why its taking so long to acknowledge my application please

[Casa]

DL applications generally take longer to process than those that are under the Immigration Rules. It's a shame you didn't post these questions before you submitted the application.

[bauzy]

Any advice for me with my current situation,change to premium. Tspeed up the application irregardless he outcome or I should just leave it till the return the passport n my bio metric or if u have a better advice ,Pls do

[Casa]

I don't have any other advice as the application has already been submitted. You can either wait it out or see if the HO will allow you to upgrade to premium, as long as you're prepared to lose the additional £500 premium fee (in addition to the postal fee) if the application is refused.

[bauzy]

Thanks,if the premium is accepted ,how long will it take to make their decision as I will have a premium no show in person which is 400pounds

[Casa]

Thanks,if the premium is accepted ,how long will it take to make their decision as I will have a premium no show in person which is 400pounds

I'm not sure I understand you. What is a 'premium no show'

[bauzy]

Thanks,if the premium is accepted ,how long will it take to make their decision as I will have a premium no show in person which is 400pounds

[bauzy]

I think there is premium in person and premium without showing in person

[CR001]

It is premium in person and upgraded to premium postal.

[bauzy]

How long does it take to make decisions on premium postal pls