SET(O) Premium or FLR(DL)?

[DLR-Londoner]

Hello Friends

It's been a while since my last posts, hope you guys're doing very well.

I am just wondering when I can actually apply for ILR?

Just a reminder, my details're as of below...

a) Jan 2002 - came to the UK on student visa & [in-country] extended student visa till Nov 2003
b) Nov 2003 June 2009 a bit complex & long stories
c) June 2009 - my asylum was refused but the appeal was allowed in court on Oct 2009 - based on HR grounds - Art.8. The HO sought reconsideration appeal from the Upper-IAC
d) Feb 2010 - received HO letter - my case was transferred to CRTS or "legacy case"
e) April 2010 - again senior judge upheld the previous determination to allow my appeal.
f) 30 Sept 2010 - 29 Sept 2013 was granted DLR 3 years based on Art.8 (1st 3y DLR)
g) 29 Sept 2013 - legal rep submitted the app to extend my DLR
h) 13 Mar 2015 - was granted extension till 11 Mar 2018 (2nd 3y DLR)

I am so sorry for my long post, my questions are...

When precisely to apply for ILR? ...As you can see from gov.uk https://www.gov.uk/settle-in-the-uk/y/y ... nary-leave,

You need to have lived in the UK for:
6 years if you applied on or before 8 July 2012

which means 3 year DLR x 2 if you can see from UKIV doc suggested to their case workers.

However, as been pointed out many times here by Amber or other fellows that this should be included the waiting for the decision given that the ext application submitted in-time (under Immigration Act 1971 c.77 Part 1 Section 3C)

Now the technical issue is that, as for my case...

My appeal was firstly allowed in court in Oct 2009, then HO at that time appealed, then the decision was upheld again by Upper IAC in April 2010. It took HO, 5 months to grant my 1st DLR in Sept 2010...

So, when to apply ILR?
1) After this month (Oct 2009 - Oct 2015)
2) After April 2016 (April 2010 - April 2016)
3) After Sept 2016 (Sept 2010 - Sept 2010)
4) None of above lol

Thank you so much guys! Please feel free to share your thoughts.

If you know similar case, or case law that has been tested in court, please kindly suggest or provide the link or details.

Your suggestion regarding this would always be grateful!!!


DLR-Londoner

[Amber]

Good ground for an application this month, I'd email the caseworker team, see how'd they proceed, in light of a positive response, I'd print it out and do a Premium appointment.

Try emailing SettlementOpsPolicy@homeoffice.gsi.gov.uk

[DLR-Londoner]

Good ground for an application this month, I'd email the caseworker team, see how'd they proceed, in light of a positive response, I'd print it out and do a Premium appointment.

Try emailing SettlementOpsPolicy@homeoffice.gsi.gov.uk

That's super helpful, Amber!
Thank you very much! I will just do that & will post the result here, which could benefit others from this.

[Obie]

Good ground for an application this month, I'd email the caseworker team, see how'd they proceed, in light of a positive response, I'd print it out and do a Premium appointment.

Try emailing SettlementOpsPolicy@homeoffice.gsi.gov.uk

That's super helpful, Amber!
Thank you very much! I will just do that & will post the result here, which could benefit others from this.

Was there a direction when your appeal was allowed under Article 8, that the Home Office should give effect to it immediately?

[DLR-Londoner]

Was there a direction when your appeal was allowed under Article 8, that the Home Office should give effect to it immediately?

Thanks for ur msg, Obie! I didn't think it was said something like that in the judgement, otherwise our life would be much easier! And I don't really think the judge would be in the position to say that as it would mean he's going to intervene the HO's job. In majority of cases (esp. depends on the government...labour/conservative), the judges were trying to avoid doing so, they were there just to make judgement whether along or against the law rather than ordering someone to do something, I didnt know about other courts but only rare occasion, the Immigration judge would intervene...

Anywho, on the 1st judgement, the judge didn't think that my claim was a strong case of Art.3 but he strongly believed that the HO didn't really consider my human rights in making the decision. It was, therefore, unlawful by refused granting me the leave. He did not even mention Art 8 in the conclusion, he just said something like..my appeal should be succeeded in human right claim! (he didn't really mention in which Art., even! but maybe my legal rep added loads of ECHR Articles on the written submission..so maybe a bit of everything lol sorry my case was really really complex.)

However, the wording in the 1st judgement wasn't very well composed, the HO then was able to apply for the reconsideration in Upper IAC. The judge who sat in the upper IAC looked carefully & still believed the previous judgement was well & carefully considered. The decision was, therefore, still upheld. I felt the 2nd judgement was a better drafted version of the 1st one. But it took the HO forever to issue my leave, we had to go to MP, threatening to go to court, then, they just stupidly issued the leave! - 5 long months!

[odat]

is there any update on your case ?

I have the same question
com to the uk august 2009 to November 2010 student visa
December 2010 claim asylum till February 2011 granted DLR 3 years till February 2014(1st 3y DLR)
January 2014 submitted the app to extend my DLR used DL FORM (FLR (DL)) WAS FREE FEE IN THAT TIME
February 2015 granted DLR 3 till 25 February 2018 (2nd 3y DLR)

when I can apply for IL

[DLR-Londoner]

Hi Odat

Hope you well.

Been off forum as trying to distract myself out of this thing & concentrating on my work.

My solicitor has confirmed that I should be able to apply now, but not sure if I could instruct her as my limited fund for this ridiculously expensive application.

How's urs? I saw in some post that you're applying now? As for me don't you think it's too soon?
I feel it gotta be somewhat after 6 years rather 28 days before 6 years in case of having leave not expired about the same time.

Well, maybe I'm wrong good luck & please let's us know

xx

ps. sorry just seen ur post.

is there any update on your case ?

I have the same question
com to the uk august 2009 to November 2010 student visa
December 2010 claim asylum till February 2011 granted DLR 3 years till February 2014(1st 3y DLR)
January 2014 submitted the app to extend my DLR used DL FORM (FLR (DL)) WAS FREE FEE IN THAT TIME
February 2015 granted DLR 3 till 25 February 2018 (2nd 3y DLR)

when I can apply for IL

[DLR-Londoner]

Hi Guys,

Hope y'all well.

Just would like to have some inputs from you guys...

Re: my previous post http://www.immigrationboards.com/indefi ... 96489.html, I am now sure & confirmed that I should be able to apply for ILR like right now. The delay, however, I have had due to my limited fund

I have to choose between to submit the application by myself or instruct a lawyer but with no money left to pay for application at all.

Basically, would like to know if anyone here has had any success for ILR via using SET(O) premium...who is not...Tier1, Tier2, Work Permit holder, or having Art 8 because of having family here.

Is there anybody (got their ILR via SET(O)) who was refused Art3 but the judge allowed under Art8 and got DLR for 6 years?

Please share your experience or your kind suggestion here will always be deeply appreciated.

xx

[DLR-Londoner]

ATTN: Amber

Further to your previous kind reply on my previous post, the UKVI never replied to the email I sent in 2015, no surprise, really.

[CR001]

ATTN: Amber

Further to your previous kind reply on my previous post, the UKVI never replied to the email I sent in 2015, no surprise, really.

Amber has left the forum. Suggest exercise some patience given that you posted in the middle of the night when most members are sleeping.

[DLR-Londoner]

Aww thank you CR100. I work shift. I can only post when I have a gap/break.
Apparently, seemed nobody uses SET(O) for Art 8 not family based grant
Maybe I should just have to use FLR(DL)?

[DLR-Londoner]

Also, if you're dealing with UK immigration, patience is the only word...maybe 15 years is not the patience enough...

ATTN: Amber

Further to your previous kind reply on my previous post, the UKVI never replied to the email I sent in 2015, no surprise, really.

Amber has left the forum. Suggest exercise some patience given that you posted in the middle of the night when most members are sleeping.