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Applied for ILR they sent me Discretionary Leave

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flrm_help
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Applied for ILR they sent me Discretionary Leave

Post by flrm_help » Sun Jan 15, 2012 12:39 am

Hi

I am seeking some advise on the forum level to see if I can achieve something.

I applied for ILR after two years on spouse visa, they wrote back to me asking some more info, I supplied what I had.

They wrote a letter saying the ILR application has been unsuccessful, altough they have taken the decision in my favour under the powers of Sec of State powers etc. I do not have a right to appeal, at the end of this visa I would be required to apply again with a a reason why I should be allowed to stay in this country(they ignore the fact that I pay blooming 10s of thousands of pounds in taxes every year each year).

The reason for refusing my ILR is
a. Don't have enough evidence for two years period, well I explained a couple of times that I and my spouse lived with my parents so no great deal of billls etc. Her parents are about a mile or two from my place so again we never bothered with collecting bills etc.
b. They seem to complain about my unspent conviction, I was fine which was paid, a small amount of hours which were done, however it remains unspent.

My questions for fellow members:
a. What do I do when my leave runs out? What conditions do I need to bear in mind and what paperwork do I need to collect.
b. The new visa sticker has only one remark "Limited leave to remain in the UK". This sticker runs out on 03 Jan 15.
c. Is this a dependent or independent visa?

What are the limitations of "Limited leave to remain in the UK"?

Thanks

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Casa
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Post by Casa » Sun Jan 15, 2012 1:38 pm

It means that you are still under Immigration control and are continuing on a (dependent) spouse visa...subject to your relationship subsisting. After 3 years (before your Discretionary Leave visa expires) you will need to apply for a further 3 years DL.
You will have to submit strong evidence that your are living with your wife at the same address. It appears from your post that apart from a lack of documents at least for part of the 2 years your correspondence was being sent to a different address from where you were actually living. Her parents are about a mile or two from my place so again we never bothered with collecting bills etc. Do you mean that your wife had everything still addressed to her at her parents house and your correspondence went to your parents home?
As your fine and I assume you mean community hours was issued in court you would not have qualified for ILR until it sentence has been spent.

flrm_help
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Posts: 7
Joined: Wed Aug 10, 2011 2:59 pm

Post by flrm_help » Sun Jan 15, 2012 2:22 pm

Many thanks for the reply. Some info which I missed in the initial post was I have been in this country since Sept 2005 when I was only 17.

I now live with my mum and dad. When this visa expires on Jan 2015 I will get caught short of seven months in order to complete 10 year lawfull stay.

My parents should have obtained their ILR by then. I am only thinking of the worst if things go wrong between me and her.

In the letter that I received they mentioned I will have to provide a fresh set of reasons, could this include the fact that

a. I have been here for 9Y 3M.
b. I have been since under 18.
c. No family in home country apart from few uncles etc I barely know.
d. I have worked for everything here which means businesses to family everything is here. I am willing to hire a barrister if this helps my case at this stage.

I am not sure if a decline with right to appeal would have been a better outcome. Could I refuse this visa and get a right of appeal?

Thanks

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Casa
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Post by Casa » Sun Jan 15, 2012 2:37 pm

You applied for ILR as a spouse and they case worker obviously doubted that you are in a continuing relationship with your wife. You say; I now live with my mum and dad Do you mean you are separated from your wife? Apart from not submitting sufficient evidence that you're living together, you fail to qualify for ILR due to your unspent conviction. You have however, been allowed to remain here on Discretionary Leave. There wouldn't be much point in refusing this.

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