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ILR after 6 Year Discretionary Leave.

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Kashif_Hussain
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ILR after 6 Year Discretionary Leave.

Post by Kashif_Hussain » Thu Feb 09, 2017 4:50 pm

Hi,
My daughter (8 yo now) was granted 1st DLR (3 year leave) on 02/08/2011. We applied for the extension before expiry of 1st leave in 2014 and further leave (3 year leave) was granted until 20/10/2017.

6 years will be completed on: 02/08/2017

So, my questions are:
1: When should we apply for ILR?
2: Can we use premium service?
3: What form do we need to use?
4: What documents do we need to submit?

I will really appreciate your help.

Regards

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CR001
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Re: ILR after 6 Year Discretionary Leave.

Post by CR001 » Thu Feb 09, 2017 5:17 pm

1: When should we apply for ILR?
No sooner than 28 days before 2/8/2017.
2: Can we use premium service?
Yes
3: What form do we need to use?
Set(O)
4: What documents do we need to submit?
Read the form and guidance notes.
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Re: ILR after 6 Year Discretionary Leave.

Post by Kashif_Hussain » Thu Feb 09, 2017 5:25 pm

Thanks CR001,

Leave will expire on 20/10/2017 but and as per my calculations 6 years will be completed on 2/8/2017, am I right? if yes, so we can apply for ILR 28 days before 2/8/2017 using SET(O) at PSO?

Thanks

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Re: ILR after 6 Year Discretionary Leave.

Post by CR001 » Thu Feb 09, 2017 5:32 pm

Yes
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Re: ILR after 6 Year Discretionary Leave.

Post by Kashif_Hussain » Sat Feb 11, 2017 7:09 pm

Thanks CR001,

So after ILR when should we be able to apply for neutralisation / citizenship / passport?

Regards

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Re: ILR after 6 Year Discretionary Leave.

Post by CR001 » Sat Feb 11, 2017 7:11 pm

What is the immigration status of the parents?
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Re: ILR after 6 Year Discretionary Leave.

Post by Kashif_Hussain » Sun Feb 12, 2017 10:18 pm

CR001 wrote:What is the immigration status of the parents?
DLR

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Re: ILR after 6 Year Discretionary Leave.

Post by CR001 » Sun Feb 12, 2017 10:25 pm

Are you applying for ILR for the whole family who are on DLR?

If the child was born abroad, then no, you cannot apply for citizenship until both parents have ILR and either one or both are applying for citizenship at the same time.
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Re: ILR after 6 Year Discretionary Leave.

Post by Kashif_Hussain » Sun Feb 12, 2017 11:32 pm

Child born in the UK and will apply for ILR after 6 years of DLR in 2017
Mother got DLR after 1 year of her grant so she will apply for ILR in 2018

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Re: ILR after 6 Year Discretionary Leave.

Post by CR001 » Mon Feb 13, 2017 8:45 am

Child DOES NOT need ILR to register as British.

Once either parent is granted ILR, the child is entitled to register as born in the UK.
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Re: ILR after 6 Year Discretionary Leave.

Post by Kashif_Hussain » Tue Feb 14, 2017 4:07 pm

CR001 wrote:Child DOES NOT need ILR to register as British.

Once either parent is granted ILR, the child is entitled to register as born in the UK.
Child was granted leave 1 year before the parents....!
so child will complete 6 years of DL before parents, and will be able to apply for ILR before parents :) therefore my query is when the child will be able to apply for BC after grant of ILR @ PSO?

sorry about the confusion :)

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Re: ILR after 6 Year Discretionary Leave.

Post by CR001 » Tue Feb 14, 2017 4:14 pm

CR001 wrote:Child DOES NOT need ILR to register as British.

Once either parent is granted ILR, the child is entitled to register as born in the UK.
Read my message again. A child born in the UK can apply for BC only once EITHER parent is granted ILR. The child DOES NOT require ILR to qualify for BC.
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Re: ILR after 6 Year Discretionary Leave.

Post by Kashif_Hussain » Tue Feb 14, 2017 4:51 pm

OK, so once the child get the ILR (after 6 years of DL) as she will complete 6 years of DL this year,
she needs to wait for one year or so for her parents to get the ILR before she can apply for BC?

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Re: ILR after 6 Year Discretionary Leave.

Post by Obie » Tue Feb 14, 2017 5:06 pm

Kashif_Hussain wrote:OK, so once the child get the ILR (after 6 years of DL) as she will complete 6 years of DL this year,
she needs to wait for one year or so for her parents to get the ILR before she can apply for BC?
Child can never acquire citizenship on their own, unless they have resided for a period of complete 10 years in the UK or 1 of their parents acquire ILR or citizenship.

How old is your child. If close to 10 years then wait and apply using form Ten , that is abbreviated at T. Otherwise you wait until one of you have acquired ILR.

The other option is seek a discretionary grant, which is a tough one.
Smooth seas do not make skilful sailors

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