Discretionary Leave to Remain

[monaassan]

Hi There
I wonder if anyone can help? I was granted DL for 3 years on 18th May 2012, extended on 20th April 2015 using same day service (taking advantage of 28 days before visa expire). My current leave expire on 20th April 2018 and I would like to apply for ILR.
Can I apply 28 days before my visa expire which make it 5 years 10 months only? (the reason for that because i would be using 2 * 28 days)

[luqi2020]

Hi There
I wonder if anyone can help? I was granted DL for 3 years on 18th May 2012, extended on 20th April 2015 using same day service (taking advantage of 28 days before visa expire). My current leave expire on 20th April 2018 and I would like to apply for ILR.
Can I apply 28 days before my visa expire which make it 5 years 10 months only? (the reason for that because i would be using 2 * 28 days)

hi dear
normally you are eligible 28 days before of completing 6 years from initial time , so you have to apply with in 28 days.
can you tell you was granted dlr non asylum case?
as you said you used same day service for your 2nd period of extension which form did you used DL or SET O ?

[vinny]

Applying no sooner than 28 days prior to the completion of your qualifying period is only applicable for ILR applications. It was not necessary nor beneficial for extensions. The preferable requirement for an extension is to apply before expiry of leave; the later the better.

It appears that you had applied for your extension too early, perhaps leaving you a window of only one day, Friday, 20 April 2018, or option 2, when you may apply for ILR.

[CMOSUK]

Hi There
I wonder if anyone can help? I was granted DL for 3 years on 18th May 2012, extended on 20th April 2015 using same day service (taking advantage of 28 days before visa expire). My current leave expire on 20th April 2018 and I would like to apply for ILR.
Can I apply 28 days before my visa expire which make it 5 years 10 months only? (the reason for that because i would be using 2 * 28 days)

hi dear
normally you are eligible 28 days before of completing 6 years from initial time , so you have to apply with in 28 days.
can you tell you was granted dlr non asylum case?
as you said you used same day service for your 2nd period of extension which form did you used DL or SET O ?

I think the issue that the OP has, is, completing the the 6 years DL, if the OP applies 28 days before completing 6 years DL counting from the initial grant which was 18 May 2012, it works to be 21-04-2018, the OP's current Leave to Remain has an expiry of 20-04-2018.

They would then be basically an overstayer if they go apply 28 days or within 28 days if completing 6 years of DL.

If you apply 28 days or within 28 days of expiry of your current leave to remain, on the balance of probabilites, your application for ILR will be refused on the basis you have not completed 6 years old DL by 28 days, although you applied 28 days of expiry of current leave to remain.

My understanding is, you may need to apply for a further grant of DL 28 days or within 28 days of expiry of current leave to remain to basically give you more time to complete 6 years of DL and then you may apply for ILR on the basis of 6 years of DL.

Now, further to my understanding is, if you send in an application for a further grant of DL by postal, any time counted waiting for a decision even after expiry of current leave to remain will count towards your DL times as accrued time as you will have sent in application that was in time as covered under section 3c, if you have not received a decision by the time you are due to apply for ILR for the pending application, you may vary your application to an application for ILR, once hat is accepted, you then may withdraw the pending application.

Need further clarification on this.

EdIt: answered above

[monaassan]

Dear Luqi2020

Thank for your reply. My application was based on my private life. For my extension i used form SET (o).

Dear Vinny

Thanks for your respond but, am I right to say 6 years DL from 18/05/2012 would be 18/05/2018 and taking away 28 days would leave me with 20/04/2018 which is Friday. Can I apply for same day and I don't need to apply for any extension or send the application by post?

Thank you again for your help

[monaassan]

Dear CMOSUK

Thanks for your respond but, am I right to say 6 years DL from 18/05/2012 would be 18/05/2018 and taking away 28 days would leave me with 20/04/2018 which is Friday. Can I apply for same day and I don't need to apply for any extension or send the application by post?

[vinny]

Should be okay.

[CMOSUK]

Dear CMOSUK

Thanks for your respond but, am I right to say 6 years DL from 18/05/2012 would be 18/05/2018 and taking away 28 days would leave me with 20/04/2018 which is Friday. Can I apply for same day and I don't need to apply for any extension or send the application by post?

Seems I miscalculated it, you should probably then apply through PSC for that day. Good luck!

[monaassan]

Dear cmosuk

Thank you very much for your help. I asked a solicitor before and he said that I should be fine to apply because it is not how long I have stayed but, it is the actual visa time scale. What he meant was if I get two 3 years DL then i should be fine to apply within 28 days. I even paid for the advice and I am still not sure. Anyway thank you very much for all your help.
Best regards
Mohamed

[CMOSUK]

Dear cmosuk

Thank you very much for your help. I asked a solicitor before and he said that I should be fine to apply because it is not how long I have stayed but, it is the actual visa time scale. What he meant was if I get two 3 years DL then i should be fine to apply within 28 days. I even paid for the advice and I am still not sure. Anyway thank you very much for all your help.
Best regards
Mohamed

My understanding is, you have to complete 6 years of DL starting from the Initial grant of DL, you may apply 28 days or within 28 days of completing 6 years of DL.

In your case, the day your current Leave to remain expires is the day that is exactly 28 days prior to completing your 6 years of DL.

Maybe I'm misunderstanding your response or your solicitor is, but just by having 2 x 3 year DLR isn't enough unless you complete that qualifying period required to be eligible for ILR.

Hope this helps.

[monaassan]

Hi CMOSUK
Thank you again. I know if I apply on the 20th April 2018 for same day service or send my application by post I should be fine because I will have completed 6 years less 28 days. The solicitor was saying that I have fulfilled the first three years and renewed my visa on time and that will be put aside as three years disregard when I have applied (28days earlier). The second 3 years which finish on 20th April 2018 it would be considered completed from 23rd March 2018 (applying 28 days earlier). Also he was saying that the home office use 14 days discretion in an application (it use to be 28 days). It seems that no one actually know how home office calculate qualifying period using the 28 days earlier. Do you think there is a way I can ask the home office to send me something in writing. Or if I asked a barrister or solicitor and ask them to confirm in writing I should be fine. (Any good one you know please)
Let us say that if I applied on 28th March 2018 and they refused my application am I right to say that I will only be losing monies because, my leave is still valid and I can apply again on the 20th April 2018.

Best regards
Mohamed

[vinny]

I think that donating to a worth while charity would be better than applying in-person prior to 20th April.

[monaassan]

Hi Vinny

Thank you for your reply. I do agree with you that it is silly to apply on the 28th March 2018 and it would be a waste of time and monies but, I am only thinking to apply couple of days before because I don't want to leave it for the last minutes. I do have a very complicated immigration history with a few criminals’ records and a deportation order back in 2000 which was revoke in 2012. I have been in the UK since 1984 and married to British citizen since 2000 with three British children.

Best regards
Mohamed

[CMOSUK]

Hi Vinny

Thank you for your reply. I do agree with you that it is silly to apply on the 28th March 2018 and it would be a waste of time and monies but, I am only thinking to apply couple of days before because I don't want to leave it for the last minutes. I do have a very complicated immigration history with a few criminals’ records and a deportation order back in 2000 which was revoke in 2012. I have been in the UK since 1984 and married to British citizen since 2000 with three British children.

Best regards
Mohamed

In my opinion, I would not apply by PSC appointment, maybe rather by post of you have a complicated immigration hisotry, as most likely even If you did go for the appointment PSC, they might defer the application for further checks based on that information.