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ILR 10 years lawful residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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saira12
Newly Registered
Posts: 24
Joined: Thu May 07, 2009 12:30 am

ILR 10 years lawful residence

Post by saira12 » Thu Mar 15, 2012 11:33 pm

Hi

i am going to complete my 10 years lawful residence in UK next week i have also passed my life in UK test.

my 10 years in UK are based on, 7 years as student and 3 years as Discretionary leave to remain.


there aren't any Gaps, but my main concern is about Discretionary Leave to Remain,

is it ok to count my 3 years Discretionary Leave to Remain to make my 10 years?

i must mention here, after completing my 7 years as student, then i applied as dependent of my wife as work permit holder which was previously my dependent. our application was refused as UKBA said we have to go back to our home country in order to do that switch.

i appealed against the UKBA's decision here in UK and judge allowed our appeal on Article 8 and granted us Discretionary Leave to Remain .


can anyone guide me what documents i need to send with my application and any Information/Experience about anyone applying ILR with Discretionary leave to remain?

Regards

the_onebd
Newly Registered
Posts: 21
Joined: Fri Mar 23, 2012 11:20 am

Re: ILR 10 years lawful residence

Post by the_onebd » Sun May 06, 2012 10:20 am

saira12 wrote:Hi

i am going to complete my 10 years lawful residence in UK next week i have also passed my life in UK test.

my 10 years in UK are based on, 7 years as student and 3 years as Discretionary leave to remain.


there aren't any Gaps, but my main concern is about Discretionary Leave to Remain,

is it ok to count my 3 years Discretionary Leave to Remain to make my 10 years?

i must mention here, after completing my 7 years as student, then i applied as dependent of my wife as work permit holder which was previously my dependent. our application was refused as UKBA said we have to go back to our home country in order to do that switch.

i appealed against the UKBA's decision here in UK and judge allowed our appeal on Article 8 and granted us Discretionary Leave to Remain .


can anyone guide me what documents i need to send with my application and any Information/Experience about anyone applying ILR with Discretionary leave to remain?

Regards
I'm in similar position! Still don't know whether discretionary leave would be counted to make the leave 10years or not. The best thing to do would be getting a consultation session with a solicitor.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon May 07, 2012 12:04 am

Although Discretionary leave to remain is leave granted outside the Immigration rules, it is still legal leave to remain. I beleive that it should satisfy 276A(b)(i).
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