2x3 DLR to ILR finances relevant?

[doddy]

I'm British. My non-EU wife granted DLR on Article 8 grounds after tribunal in 2010 whilst we were in a right mess (temp council accommodation, British child, no work and benefits all the way).

Completed her 2 x 3 years. She works. I'm house-husband. New baby on the way. Don't meet financial requirements (as I understand it she could be on £250,000 a year and we still wouldn't - but I may misunderstand it). Filling out the charming SET(O) form.

Q1 - Do the financial requirements of me earning £18600 per annum have to be met for 2x3 DLR to ILR? I know KOL does not have to be met.

Q2 - Does any financial requirement need to be met for 2x3 DLR to ILR route?

Q3 - As HO already have all the information and from a within rules point of view nothing has changed (we are well outside rules), does she actually have to send anything with the form other than her passport and BRP? Plus the explanation in section 3 as to why "other" has been chosen.

Q4 - If we are, as were in 2010, still married, living together and with child(ren) and failing to meet the rules - is this not just a matter of putting up your hand with £1875 in it to say "here, done the 6 years, hand it over"?

Can't afford a lawyer. Cheers.

[vinny]

See also Discretionary Leave policy.

[doddy]

Okay

Read through those documents and it comes across as fluff, smoke and mirrors. No idea where my wife stands at all. She's non-asylum. On page 24 of the misnomered "Asylum Policy Instruction Discretionary Leave" the statement for prior 2012 is "normally" and then follows through to "unless at the date of the decision they fall within the restricted leave policy". What's that? Frankly, I'm too exhausted to find out and want my life back after 1 month of trying to find out what on earth is going on. This stuff is not accessible to the mere mortal.

If one is pre-July 2012, and circumstances remain the same or improved, I think the only take home message for the person on the Clapham Omnibus is that ILR will automatically be given after 6 years has been achieved.

I'm going to send the bare minimum with the application because very little of SET(O) appears to be relevant to a successful ILR application if you are 2x3 years pre-July 2012. No idea how anyone after that on Article 8 is coping. Badly, I suspect. They have all the flipping forms/certificates/originals/notarised stuff in the two visas before this attempt and nowt has changed.

Will adopt the "she's done it, give it" approach and see what happens. Will let you know. Totally fed up with this nonsense.

If anyone has specific answers to the questions posed, please still answer. It's from experience stuff that I'm after. I'm not really interested in reading any more Home Office documents as they don't answer any of my questions.

Cheers.

[vinny]

10.1 Applicants granted DL before 9 July 2012

Those granted leave under the DL policy in force before 9 July 2012 will normally continue to be dealt with under that policy through to settlement if they continue to qualify for further leave on the same basis as their original DL was granted (normally they will be eligible to apply for settlement after accruing 6 years’ continuous DL (or where appropriate a combination of DL and LOTR, see section 8 above)), unless at the date of decision they fall within the restricted leave policy.

The (financial) requirements would be on the same basis as when the original DL was granted.

The restricted leave policy is unlikely to be applicable to her, unless she has

committed war crimes, crimes against humanity, serious non-political crimes outside the country of refuge or acts contrary to the purposes and principles of the United Nations, or who are a danger to national security or are otherwise non-conducive to the public good. This includes those who espouse extremist views. For more information, see Exclusion under Article 1F of the Refugee Convention. Exclusion may either be agreed by Special Cases Unit (SCU, in OSCT) or may be imposed following an allowed appeal.