premium service for SET(LR)

[asad1166]

Hi I was given Discretionary Leave because of my child in UK.

My wife is British.

After marriage couldn't apply for spouse visa as at that time the law stated she needs to be 21, that is why on the basis of my child i got Discretionary Leave.
first entry in UK was October 2007
Before my Discretionary Leave I was in UK for three years legally.

first Discretionary Leave was for 3 years.

After that i was advised by the solicitor that now i will have to go on the same route of Discretionary Leave again till 10 years a up and then i go for ILR.
I got my second Discretionary Leave for 3 years.
Now after this there was a six month gap left for me to apply for ILR.
So was told i need to apply for another Discretionary Leave and then after six months i will be able to apply for ILR.
Case is still pending and six months are up.
Is there away to book a window and apply for ILR on the same day or will i have to send home office a new file and wait for a long time again.
Secondly I have now read in some threads and even on the home office web site that i should have been able to apply for ILR after six years.

[CR001]

Your solicitor is clearly not advising you with your best intetests in mind.

Yes, you could have applied for ILR after 6 year son DLR. There is no reason to wait for long residence ILR.

[CMOSUK]

Hi I was given Discretionary Leave because of my child in UK.

My wife is British.

After marriage couldn't apply for spouse visa as at that time the law stated she needs to be 21, that is why on the basis of my child i got Discretionary Leave.
first entry in UK was October 2007
Before my Discretionary Leave I was in UK for three years legally.

first Discretionary Leave was for 3 years.

After that i was advised by the solicitor that now i will have to go on the same route of Discretionary Leave again till 10 years a up and then i go for ILR.
I got my second Discretionary Leave for 3 years.
Now after this there was a six month gap left for me to apply for ILR.
So was told i need to apply for another Discretionary Leave and then after six months i will be able to apply for ILR.
Case is still pending and six months are up.
Is there away to book a window and apply for ILR on the same day or will i have to send home office a new file and wait for a long time again.
Secondly I have now read in some threads and even on the home office web site that i should have been able to apply for ILR after six years.

Hi,

Could you give dates exactly when you were granted first DLR and what your current (2nd DLR) leave is due to expire.

It sounds, most likely you were given the old DLR as, DLR granted after 9 July 2012 come under the FM 10 year category now.

Again, once you have accrued 6 years of continuous DLR you are eligible to apply for ILR and you can apply 28 days before completing 6 yeara of DLR.

I' am not being cheeky, but that solicitor should have advised you that you would have also been eligible to apply for ILR using the PSC premium appointment which is one day 28 days before completion of 6 years DLR.

[asad1166]

sorry i havent got the dates on me but i first came to uk in oct 2007 after three years i applied for spouse visa that was then converted to DLR and that lasted for three years.
After that i reapplied and got another DLR for three years start date 08/04/2014 and expired on 08/04/2017.
After that now i was told by him that we will have apply for DLR again and after approx. six i would have been in uk for 10 so i can apply for ILR.
I have not heard anything so far from home office so i spoke to him and said can we apply for ILR now and he said yes we will have send another form to home office and ask them for refund for the other DLR application.
When i asked him can i do same day window application his answer was no as all the paperwork is in home office we can do same day

[asad1166]

sorry *cannot do same day

[CMOSUK]

sorry i havent got the dates on me but i first came to uk in oct 2007 after three years i applied for spouse visa that was then converted to DLR and that lasted for three years.
After that i reapplied and got another DLR for three years start date 08/04/2014 and expired on 08/04/2017.
After that now i was told by him that we will have apply for DLR again and after approx. six i would have been in uk for 10 so i can apply for ILR.
I have not heard anything so far from home office so i spoke to him and said can we apply for ILR now and he said yes we will have send another form to home office and ask them for refund for the other DLR application.
When i asked him can i do same day window application his answer was no as all the paperwork is in home office we can do same day

The bIt I have highlighted, and underlined, did you make the application for DLR before the expiry or was it an out of time application, application after expiry?

[asad1166]

It was in time. I have checked with the solicitor and he told me that he has seem my file and according to the home office all my applications are in time and there is no time period that i have been illegal or that cannot be counted towards my 10 years

[asad1166]

Hi,

I am planning on applying for ILR. But there is a few issues.

All my documents are with home office as i have a pending application with home office.

I still had six more months reaming to complete my 10 years in UK.So i had to apply for my discretionary leave ( that is the route i have been on and the have been no issues with all this time i have been in uk.)

I have not received my visa so far and my 10 years are up now.

I dont want to send the home office another application for ILR as they will take a long time again.

Can a apply for premium service, I know i wont get it on the same day but my thinking is it would be done atleast in three weeks or so.

How do i approach them on the window and what do i tell them about my documents.

Help please thanks

[asad1166]

Hi,
I applied for discretionary leave last year and while my application was still with home office I reached my 10 years in uk.

I then sent another application to home office for SET(LR) and requested for a refund and asked for my application to be varied.

I received a letter in January from home office confirming that my application was varied and I got the refund from the home office for the old application, there after i received my bio metrics letter and I did that in the post office on 29th of Januray.

I still have not received anything back and i have just applied for a new job and they require my passport.
I decided to go for premium service and email the department with the forms asking if i can switch from postal service to premium.

I received an email today saying that i am not eligible for premium service and it will have to got through postal route and i should ask for further information from the department.

Can anybody advise me why i would not be eligible for premium service and what should I do as i really need to get this job.

Thanks