My dad was given indefinite leave to remain but I was refused as a child

[Zimbo1998]

Hi I'm 19 years old and in 2014 my parents applied for indefinite leave to remain under a parent ( SET(F) ) form however I was refused and given discretionary leave until February 2018 even though my father had indefinite, however my mother did not have indefinite due to legal issues. Currently my mother and father are separated and do not live together howveer not completely divorced. Would I still be able to apply for indefinite as a child over 18 under my father in 2018 or should I just apply to get my limited leave to remain extended

[vinny]

Probably continue extending discretionary leave until eligible for ILR.

Are you living with one of your parents?

[Zimbo1998]

Probably continue extending discretionary leave until eligible for ILR.

Are you living with one of your parents?

Yes I currently live with my parent who has indefinite leave to remain

[Zimbo1998]

Probably continue extending discretionary leave until eligible for ILR.

Are you living with one of your parents?

Yes I currently live with my parent who has indefinite leave to remain

Also a family member wanted me to push for indefinite leave as they said that if they reject this they'll extend my discretionary anyway, as when I applied for indefinite he first time they refused and gave me discretionary instead. However I do not know if this is a good idea

[CMOSUK]

Probably continue extending discretionary leave until eligible for ILR.

Are you living with one of your parents?

Yes I currently live with my parent who has indefinite leave to remain

Also a family member wanted me to push for indefinite leave as they said that if they reject this they'll extend my discretionary anyway, as when I applied for indefinite he first time they refused and gave me discretionary instead. However I do not know if this is a good idea

I'm my opinion, not a good idea.

DLR is granted outside of the immigration rules, you are over 18 now and will be considered an adult and they will look at your own circumstances and merits for granting even an extension of DLR.

Normally DLR extension is granted if the circumstances prevailing at the time of first grant are the same.

If you did go for ILR, which has its own requirements, I'm my opinion it would fail/refused as the DLR that has been granted normally means you have to complete continuous lawful stay including applying for extensions until you are eligible to apply for ILR. I don't think you would be eligible until you have completed it and I think in this case it will be 10 years as it seems you were granted after the 9 July 2012 rule changes.

Again refer to your documents as to what it says and why you were refused.

I hope this helps

[Obie]

Why did they reject ILR application for you?

[Zimbo1998]

Why did they reject ILR application for you?

I'm not too sure the ins and outs but it was a legal issue with my mum I think some sort of serious driving offence perhaps. But they refused me because they refused my mum even tho my father got indefinite leave

[Zimbo1998]

Why did they reject ILR application for you?

I'm not too sure the ins and outs but it was a legal issue with my mum I think some sort of serious driving offence perhaps. But they refused me because they refused my mum even tho my father got indefinite leave

At the the time my mum and dad were together also but have recently separated

[Zimbo1998]

Hi I’m 19 years old and I’ve resides in the uk since 2001

In 2015 my parents applied for me to have indefinite leave to remain as th child of settled parents however I was refused as only one of my parents were settled instead I was leave to remain outside the immigration rules.

My visa expires in February 2018

Would I be applying to extend using flr ho or through the private life as I’ve been here over half my life

[vinny]

Posts merged.

[Zimbo1998]

Hi I’m 19 years old and I’ve resides in the uk since 2001

In 2015 my parents applied for me to have indefinite leave to remain as th child of settled parents however I was refused as only one of my parents were settled instead I was leave to remain outside the immigration rules.

My visa expires in February 2018

Would I be applying to extend using flr ho or through the private life as I’ve been here over half my life

Yeah I’m living with my dad who has indefinite leave to remain also have siblings both who are born here, my mother does not live with us however they are not legally separated

[vinny]

Does your mother have ILR now?

[Zimbo1998]

No she’s also got disctretionary I believe but she’s applying for ilr now as our biometric residence permits expire the same time, only I’m not eligible for ilr as I had a gap in my stay between 2011 and mid 2013

[vinny]

What was the gap?

[Zimbo1998]

I was on a visa work permit dependant from 2006-2011 then I was in the uk without valid leave which was the gap up until 2014 where I received discretionary leave to remain

[vinny]

Did you first arrive in the UK in 2006?
Why didn't your parents extend your leave in 2011?

[Zimbo1998]

No I arrived in 2001 but I’m not sure what status I had or if I had a legal between 2001 and 2006

[vinny]

Why didn't your parents extend your leave in 2011?

You should (continue to) be eligible for leave under Private life route.

I'm not sure if they had already put you on this route, as you applied after 2012.

[vinny]

Or continue on with discretionary route?

From 9 July 2012, those granted DL must normally have completed a continuous period of at least 120 months’ limited leave (i.e. a total of 10 years, normally consisting of 4 separate 2 and a half year periods of leave) before being eligible to apply for settlement.

[Zimbo1998]

Yes I will just extend my discretionary as they did not say they put me through the private life route. I’m very worried and anxious about my application even though I’m doing it with a lawyer, based on my circumstances what is the likelihood of my application being rejected

[vinny]

If you have been here since about age 3, then I think it's unlikely that they would refuse.

[Zimbo1998]

Can I only use the private life route to extend my visa if it was granted to me initially through private life or would I have to use the flr hro form as I was given discretionary outside the rules but Not because of asylum

[vinny]

I don't know. Changing routes may reset your qualifying period for ILR.

However, you may be eligible for ILR under Long Residence after 10 years continuous lawful residence in the UK anyway.