Family of 4 - 1 son got ILR before us

[khalidhaku]

Dear all,

I got DLR in July 2012 and extended for next 3 years on Dec 15 and my ILR due in Dec 18. I came in this country with my family wife and two sons on visit visa. Applied political asylum which was refused and after 3-1/2 years got DLR (6 years route) in 2012 on out of immigration rule.

My married son applied ILR PSC separate and got his ILR on 20 Jul 18. (we mutually decided coz not sure about Set (o) form for all family as on Asylum).

Now me, wife and 1 son applied PSC and got appointment in the first week of Sep 2018.

I am bit scared coz Last year me and my wife and 1 son went to Pakistan and worried about grant of ILR to us whereas my one son got his ILR as my dependent.

Please let me know any idea or can they ask any question of PSC day for my travel to Pakistan?

Thanks & Regards

[zimba]

The settlement under DLR is based on the assumption that you still qualify for DLR. If because of your travel to Pakistan, HO concludes that you are no longer eligible to be granted DLR then the settlement will not be granted.

There may be cases where it is clear that the basis for the (continuing) grant of DL is temporary. Settlement should not normally be granted if there is a clear basis for considering that within 12 months the factors giving rise to the grant of DL will cease to apply

Guide: https://assets.publishing.service.gov.u ... 7.0ext.pdf

[khalidhaku]

The settlement under DLR is based on the assumption that you still qualify for DLR. If because of your travel to Pakistan, HO concludes that you are no longer eligible to be granted DLR then the settlement will not be granted.

There may be cases where it is clear that the basis for the (continuing) grant of DL is temporary. Settlement should not normally be granted if there is a clear basis for considering that within 12 months the factors giving rise to the grant of DL will cease to apply

Guide: https://assets.publishing.service.gov.u ... 7.0ext.pdf

Dear Zimba,
Thanks for reply.

But my eldest son got ILR last week whereas he is dependent on my application. His application separate with two reasons, one is we did't have sufficient funds at that time secondly we don't know about set (o) form on asylum application, we took chance applied same form and he got it.

I spoke with a solicitor today and they said your asylum application was refused and you have been granted 3 years DLR on out of immigration rule and no restriction on travel, so don't to be worry.

I am still worried coz you said different and solicitor said different. Please please let me know more clear if any respected member have some information.

Best Regards

[khalidhaku]

Dear respected following members,

Please see my above post and I need your kind advise:

luqi2020

azharmahmood

Afrapasse

Muji87

Thanks & Regards,

[Djsuccess]

Dear respected following members,

Please see my above post and I need your kind advise:

luqi2020

azharmahmood

Afrapasse

Muji87

Thanks & Regards,

I think the main point of worry for you is that you applied for political asylum and was eventually granted discretionary leave. Although there was no restriction on travelling and returning, the home office will not be expecting you to travel to Pakistan if your initial asylum application was based on you wanting to leave Pakistan. By travelling to Pakistan, you have shown the HO that Pakistan is now safe for you and your family. I guess your son that got his ILR approved did not go to Pakistan with you?
The caseworker might have to use discretion to handle this. Only time will tell what the outcome will be.
Maybe your travel to Pakistan will not be considered as an issue

[khalidhaku]

Dear respected following members,

Please see my above post and I need your kind advise:

luqi2020

azharmahmood

Afrapasse

Muji87

Thanks & Regards,

I think the main point of worry for you is that you applied for political asylum and was eventually granted discretionary leave. Although there was no restriction on travelling and returning, the home office will not be expecting you to travel to Pakistan if your initial asylum application was based on you wanting to leave Pakistan. By travelling to Pakistan, you have shown the HO that Pakistan is now safe for you and your family. I guess your son that got his ILR approved did not go to Pakistan with you?
The caseworker might have to use discretion to handle this. Only time will tell what the outcome will be.
Maybe your travel to Pakistan will not be considered as an issue

Thanks for reply.

Agreed my eldest son did't go Pakistan, the reasons was very genuine my mother was very ill and later she died (I attached her death certificate). My wife mother was also died, her father is too old and healthwise very weak, so she went too to see last time.

I know 4-5 peoples claimed asylum on fear persecution and went to Pakistan 1 or 2 times but now got ILR.

I hope for my ILR coz since grant of leave to remain in the United Kingdom our private life and family connections have continued to strengthen (more than 10 years now).

Regards,

[vinny]

My married son applied ILR PSC separate and got his ILR on 20 Jul 18. (we mutually decided coz not sure about Set (o) form for all family as on Asylum).

They usually regard a married child as being independent from the parents.

[khalidhaku]

My married son applied ILR PSC separate and got his ILR on 20 Jul 18. (we mutually decided coz not sure about Set (o) form for all family as on Asylum).

They usually regard a married child as being independent from the parents.

Thanks Vinny. Regards

[ouflak1]

Agreed my eldest son did't go Pakistan, the reasons was very genuine my mother was very ill and later she died (I attached her death certificate). My wife mother was also died, her father is too old and healthwise very weak, so she went too to see last time.

When people claim asylum, it is generally assumed that if those people dared to return to their home country because of ailing parents (or for whatever reason AT ALL), they would likely shortly lose thier lives upon return or immediately/constantly be in grave danger of losing their live due to direct threat from the government or a regional situation so unstable that that government can't provide protection. By traveling back to that country, and from the statements you are making now, it appears this was not a valid claim. This draws scrutiny on the purpose and validity of your entire stay as well as your right to remain in the United Kingdom.

[zimba]

As mentioned by others, your son is living an independent life. His situation has no bearing on your situation.
Your travel to Pakistan tells the HO that it is not necessary for them to provide protection for you at all and so you have no basis to stay here in the UK on those grounds anymore

[khalidhaku]

As mentioned by others, your son is living an independent life. His situation has no bearing on your situation.
Your travel to Pakistan tells the HO that it is not necessary for them to provide protection for you at all and so you have no basis to stay here in the UK on those grounds anymore

Thanks.
I mentioned above 3-4 peoples had same situation like me and got ILR, why these double standard if anyone refuse ILR. Can we highlight these on any other government forum or court if anything happened wrong.

Regards,

[zimba]

It is up to HO to make that decision. We are simply telling that you may get this kind of reasoning from HO

[Djsuccess]

As mentioned by others, your son is living an independent life. His situation has no bearing on your situation.
Your travel to Pakistan tells the HO that it is not necessary for them to provide protection for you at all and so you have no basis to stay here in the UK on those grounds anymore

Thanks.
I mentioned above 3-4 peoples had same situation like me and got ILR, why these double standard if anyone refuse ILR. Can we highlight these on any other government forum or court if anything happened wrong.

Regards,

Let us know the outcome of your appointment in September.

[khalidhaku]

As mentioned by others, your son is living an independent life. His situation has no bearing on your situation.
Your travel to Pakistan tells the HO that it is not necessary for them to provide protection for you at all and so you have no basis to stay here in the UK on those grounds anymore

Thanks.
I mentioned above 3-4 peoples had same situation like me and got ILR, why these double standard if anyone refuse ILR. Can we highlight these on any other government forum or court if anything happened wrong.

Regards,

Let us know the outcome of your appointment in September.

Thanks. Yes, will let you know all respected members. Please pray for us. Regards

[khalidhaku]

Dear friends,

Good news: We got ILR Premium Service yesterday. Thanks to God no question been asked by HO, before application I was scared coz been to Pakistan.

Thanks all friends for always gives good advise.

Regards

As mentioned by others, your son is living an independent life. His situation has no bearing on your situation.
Your travel to Pakistan tells the HO that it is not necessary for them to provide protection for you at all and so you have no basis to stay here in the UK on those grounds anymore

Thanks.
I mentioned above 3-4 peoples had same situation like me and got ILR, why these double standard if anyone refuse ILR. Can we highlight these on any other government forum or court if anything happened wrong.

Regards,

Let us know the outcome of your appointment in September.

[Djsuccess]

[quote=khalidhaku post_id=1679037 time=1536430660 user_id=113925]
Dear friends,

Good news: We got ILR Premium Service yesterday. Thanks to God no question been asked by HO, before application I was scared coz been to Pakistan.

Thanks all friends for always gives good advise.

Regards

congratulations

[khalidhaku]

Thank you so much dear respected member,

Regards,

Dear friends,

Good news: We got ILR Premium Service yesterday. Thanks to God no question been asked by HO, before application I was scared coz been to Pakistan.

Thanks all friends for always gives good advise.

Regards

congratulations