ILR after 2 x 3 Discretionary Leave to Remain as Married Person

[mindutopia]

I have a few questions that I'm hoping someone would be able to clarify for me. I've had no success so far finding my answers via the Home Office or my local CAB (no surprise there).

I'm a US citizen and entered the UK in June 2011 on a fiancee visa before my wedding to my husband (who is a British citizen by birth). We married and at the end of my 6 month fiancee visa I applied for leave to remain. There was a hitch in my application (I mistakenly gave them the wrong bank details, so my payment did not go through, they held my application until after my 6 month visa expired before returning it to me, which made me technically an overstayer by that point). Because of this, I wasn't able to qualify for leave to remain as a married person and I ended up with a 3 year discretionary leave to remain. This lasted from 28th Nov 2011-28th Nov 2014.

I applied for a further leave to remain visa at that point and am now nearing the end of my 2nd 3 year period of discretionary leave to remain, which expires in February 2018.

1) My understanding is that having completed 2 x 3 year periods of discretionary leave to remain I should now (in February 2018) be eligible to apply for ILR. Is this correct?

2) If I apply for ILR, which application form do I fill out: SET(M) or SET(O)? I am married to a British citizen and have 2 children who are British citizens, but I suspect that because of the mistake with my earlier visa application I'm no longer eligible for the ILR as a married person route and must use SET(O) going the route of 2 x 3 year discretionary leave to remain periods. Would this make sense?

3) If I am meant to use SET(O), which visa category would I fall under (I'm looking at Section 3 of SET(O) here)? Would it be "Other purposes or reasons not covered by other application forms"?

I aim to also get some immigration advice from a solicitor, but I've been so unsuccessful so far getting any immigration advice from CAB - they didn't even know what Indefinite Leave to Remain was! I had to explain it to them! - that I wanted to seek some advice here first, perhaps from anyone who has been in this situation before. Thanks for your help!

[CMOSUK]

I have a few questions that I'm hoping someone would be able to clarify for me. I've had no success so far finding my answers via the Home Office or my local CAB (no surprise there).

I'm a US citizen and entered the UK in June 2011 on a fiancee visa before my wedding to my husband (who is a British citizen by birth). We married and at the end of my 6 month fiancee visa I applied for leave to remain. There was a hitch in my application (I mistakenly gave them the wrong bank details, so my payment did not go through, they held my application until after my 6 month visa expired before returning it to me, which made me technically an overstayer by that point). Because of this, I wasn't able to qualify for leave to remain as a married person and I ended up with a 3 year discretionary leave to remain. This lasted from 28th Nov 2011-28th Nov 2014.

I applied for a further leave to remain visa at that point and am now nearing the end of my 2nd 3 year period of discretionary leave to remain, which expires in February 2018.

1) My understanding is that having completed 2 x 3 year periods of discretionary leave to remain I should now (in February 2018) be eligible to apply for ILR. Is this correct?

My understanding is you can apply for ILR 28 days within completing 6 years DLR, It does not have to be 28 days before expiry of current leave to remain. You must have accrued 6 years of DLR in order to be eligible to apply for ILR starting from the initial grant of DLR(so in this case, 28 November 2011 onwards).

2) If I apply for ILR, which application form do I fill out: SET(M) or SET(O)? I am married to a British citizen and have 2 children who are British citizens, but I suspect that because of the mistake with my earlier visa application I'm no longer eligible for the ILR as a married person route and must use SET(O) going the route of 2 x 3 year discretionary leave to remain periods. Would this make sense?

SET (O). As you are on DLR and will have to comeplete 6 years to apply for ILR, also you come under the transitional arrangments as you were granted DLR before 9 July 2012.

3) If I am meant to use SET(O), which visa category would I fall under (I'm looking at Section 3 of SET(O) here)? Would it be "Other purposes or reasons not covered by other application forms"?

Yes.

I aim to also get some immigration advice from a solicitor, but I've been so unsuccessful so far getting any immigration advice from CAB - they didn't even know what Indefinite Leave to Remain was! I had to explain it to them! - that I wanted to seek some advice here first, perhaps from anyone who has been in this situation before. Thanks for your help!

Hi,

CAB i have found have limited knowledge when it comes to immigration matters, I would maybe seek OISC registered immigration advisers. In saying that, this great forum has a wealth of information and if you were to do a search i'am sure you can find what you are looking for. Other than that members will try their best to answer as accurately as possible.

Just in case you don't know, as you have DLR granted before 9 July 2012, you will be dealt with under those rules prior to the new ones coming into force for grants & applications on or after 9 July 2012. It also means you don't have the financial requirements and language requirements needed for when applying for ILR.

It could also mean you may be eligible for 'Public funds' as those that hold DLR (old DLR as it referenced to sometimes)where able to have recourse to public funds, So as long there is NO condition attached to your DLR documents and BRP card stating "No recourse to public funds".


I too am in a similar situation as yours (my wife was granted DLR before 9 July 2012 as well) and will apply next year too. If you have any other questions please ask, i will try my best to answer it.

I hope this helps somewhat. Also correct me i'am wrong at any time.