6 years DLR but ILR refused

[chihoit]

first arrived in uk 09/2003
student visa renewed yearly until 09/2006
applications returned because of wrong form filled in twice
claimed asylum in February 2009
application rejected even at tribunal
aaplied to stay on the grounds of my brother and his family based here-all citizens now
I first got discretionary leave on 26/10/2010 for 3 years-outside rules under article 8[brother is settled here]
applied intime on 15/10/2013
decision took time but home office acknowledged leave continued until decision was made as I made intime application
further enquiries showed application was with olu[old live cases unit] active review section
leave was then granted june 2015 for 3 years until june 2018
applied for indefinite leave to remain on 14/12/16 SAME DAY APPOINTMENT[£2375] on the basis of continuous legal 6 years stay
ilr rejected -14 days appeal awarded
legal stay until june 2018 returned to me
I was told to apply june 2018 or appeal
reasons for refusal are -I have not completed 6 years dl
shall I appeal or wait?
I WORK A carer making over 35k a year after tax
2 old police cautions-currently being cleared
my wife and son [13] are abroad-its been 13 years -all short visas for them refused as im not settled here
PLEASE HELP
its been really expensive

[noajthan]

Grounds for appeal?
Have you completed 6 years on DLR? not just 6 years in UK?

[chihoit]

Grounds for appeal?
Have you completed 6 years on DLR? not just 6 years in UK?

I have been herevon d.l since 26/10/10
There was no break in this leave until decision was made 10/06/15
They have refused to count the 22 months they took to make decision
Hence grant was dated 10/06/15-10/06/18
I thought intime application meant no gap..as they acknowledged leave had variation
Wats the best way forward? Please

[vinny]

They should have considered Section 3C.

[chihoit]

They should have considered Section 3C.

What would really help here
Is there some kind of judicial review letter one can prepare..seeking remedy
Or appeal as they gave me 14 days appeal
Or to wait 15 months to apply again.. If the rules dont change.. And the fee?
Please assist

[mck2010]

This is confusing! Shouldn't yo have qualified for ILR if you have been on dlr since 2010. Therefore, making it 6 years? Hopefullly the seniors and more experienced can shed some light on this.

[chihoit]

This is confusing! Shouldn't yo have qualified for ILR if you have been on dlr since 2010. Therefore, making it 6 years? Hopefullly the seniors and more experienced can shed some light on this.

I don't know what to do really
I had spoken to different lawyers prior to this application
I thought its straight forward
Wont they cancel my current leave- valid until 06/2018?
They gave everything back and told me verbally that I can appeal or wait for 2018
I went for PEO APPOINTMENT
Not the best im learning

[mck2010]

Would you please update this thread on the outcome of your application

[chihoit]

Would you please update this thread on the outcome of your application

No outcome besides the refusal..and thinking out loud about appealing or waiting to apply again in 14 months as I still have valid leave
I hear appeals are taking ages to go through and by then i might almost be due to apply again
Its technical really.. Last day to appeal is tommorow
Difficult to decide

[Kelkay]

Would you please update this thread on the outcome of your application

No outcome besides the refusal..and thinking out loud about appealing or waiting to apply again in 14 months as I still have valid leave
I hear appeals are taking ages to go through and by then i might almost be due to apply again
Its technical really.. Last day to appeal is tommorow
Difficult to decide

Given your appeal deadline is tomorrow maybe I suggest you do the following:
Check the Immigration History provided to you in the refusal letter as to whether the Home Office provided something different from the fact.
It is good to act within the 14 days provided to you to appeal (I am assuming you were not given back the £2375 you paid for the ILR Application).
Check that you have met all the general/specific requirements applicable to your type of leave.
Give consideration to the suggestion of vinny above as to your grounds of appeal.
Can you check if you have ever overstayed since 2003? If not you may want to plead an alternative grounds of entitlement under the long stay provision.

[chihoit]

Would you please update this thread on the outcome of your application

No outcome besides the refusal..and thinking out loud about appealing or waiting to apply again in 14 months as I still have valid leave
I hear appeals are taking ages to go through and by then i might almost be due to apply again
Its technical really.. Last day to appeal is tommorow
Difficult to decide

Given your appeal deadline is tomorrow maybe I suggest you do the following:
Check the Immigration History provided to you in the refusal letter as to whether the Home Office provided something different from the fact.
It is good to act within the 14 days provided to you to appeal (I am assuming you were not given back the £2375 you paid for the ILR Application).
Check that you have met all the general/specific requirements applicable to your type of leave.
Give consideration to the suggestion of vinny above as to your grounds of appeal.
Can you check if you have ever overstayed since 2003? If not you may want to plead an alternative grounds of entitlement under the long stay provision.

Paid 300£ consultation fees to a lawyer today
Been informed the home office is right to refuse and to make me wait for end of second dlr expiry 06/18
Because my dlr was granted outside rules..and from an active review point they take however long they want..thats why they wont count 22 months gap(October 2013-june2015) in adding up 6 years on dlr..as much as it was intime application
Yes section 3c should be strong but as stated above they have that reason
Also informed that appeals are averaging 1 year to go through
And they can move dates forward
So its going to be almost time to apply by then and might as well save myself some money and prepare to apply again later
Im not sure what to do
2375£ plus 300£ gone
Any help please with this matter?
What do i really need if im to appeal
The lawyer also said to proceed he needs 1500£
And I just remembered what the senior caseworker said to me when he handed back my refusal
He said " you have 2 options..to appeal or wait..either way you have nothing to loose.."
Please help