work permit granted instead of discretionary leave :?

samdeco03 · Post by **samdeco03** » Tue Dec 04, 2012 4:47 pm

i applied for discretionary leave to remain using (flr m) on the ground that my wife is a dependant of an EEA national ...she hold 5 years eea family member residence card, from 2009 to 2014... i was refuse which i appeal and won the appeal base on article 8 human right because of i got British mum and bother plus my wife residing in the UK. but the home office granted me WORK PERMIT VALID until July 2014 has the expire date of my wife residency permit... and a note was enclose saying i have been granted the work permit in line with my wife who is exercising her treaty right does it mean i can apply for permanent residence with my wife when our visa both due on 2014... how can i extend and what would i do when my leave is about to expire .

Post by **Greenie** » Tue Dec 04, 2012 5:12 pm

Does the residence permit actually say 'work permit' on it? When was you appeal
allowed?

samdeco03 · Post by **samdeco03** » Tue Dec 04, 2012 5:52 pm

@greenie yeah its says work permit, i applied on January and appeal was allowed on august

Post by **Greenie** » Tue Dec 04, 2012 6:59 pm

Could you scan the permit and post it here minus any identifying information. It seems odd that it would state 'work permit' as this is a closed category. They would not have granted you discretionary leave since your appeal was allowed after 9 July

samdeco03 · Post by **samdeco03** » Tue Dec 04, 2012 7:10 pm

how can i scan it on here becuase i dont know how to go about it

samdeco03 · Post by **samdeco03** » Tue Dec 04, 2012 7:19 pm

this is excatly what it says on the biometrics card... type of permit leave to remain , remarks work permitted

Post by **Greenie** » Tue Dec 04, 2012 7:26 pm

Ok-then its not a work permit, you are just permitted to work. It sounds to me as if you have been granted leave under the 10 year family life route. Have you not received a letter with your passport explaining what leave you have been granted?.

samdeco03 · Post by **samdeco03** » Tue Dec 04, 2012 7:38 pm

this what the letter home office sent says: due to the fact that your spouse is not settled in the UK and only has leave to exercise her treaty rights as the dependant of an EEA national until 27 july 2014 you leave has been granted in line with your spouse...our visa both expires on the same date does it mean i can apply with her for permanent residency on 2014 ..since my leave is not 2 and half years which is for 10 continuous years and the letter doesnt says it... or how can i extend my leave when my wife is due to apply for permanent

Post by **Greenie** » Tue Dec 04, 2012 8:29 pm

Your leave is not 2.5 years because it has been granted in line with the expiry of your wife's residence card. You cannot apply for PR with your wife because you don't qualify as a family member under the Eea regulations. You will need to extend your leave on form FLR(o) unless the prescribed form has changed by then.

samdeco03 · Post by **samdeco03** » Tue Dec 04, 2012 8:57 pm

okay thanks for help ....

ali0123 · Post by **ali0123** » Tue Dec 04, 2012 11:36 pm

Hi Greenie,
I am confused after reading your statement "They would not have granted you discretionary leave since your appeal was allowed after 9 July". Does it not depend on the time of application made ?

My appeal was allowed last month for discretionary leave in Upper Tribunal. However, original application for DL was made beginning of 2011. I think I will be given DL according to rules when I made my application.

Could you please help me with.

Kind Regards

Post by **Greenie** » Wed Dec 05, 2012 10:23 am

ali0123 wrote:Hi Greenie,
I am confused after reading your statement "They would not have granted you discretionary leave since your appeal was allowed after 9 July". Does it not depend on the time of application made ?

My appeal was allowed last month for discretionary leave in Upper Tribunal. However, original application for DL was made beginning of 2011. I think I will be given DL according to rules when I made my application.

Could you please help me with.

Kind Regards

discretionary leave was outside the rules so regardless of when you made your application, you will out be granted discretionary leave if your appeal was allowed after 9 July.

See appendix E of the The statement of intent and also read page 133 of the same document.

samdeco03 · Post by **samdeco03** » Wed Dec 05, 2012 3:50 pm

@greenie on my leave to remain its says no recourse to public fund and i already got an offer in a university to study nursing can i apply for NHS bursary or student finance? wont this affect my application when i want to extend my leave

Post by **Greenie** » Wed Dec 05, 2012 5:02 pm

Student finance and nhs bursasies are not considered to an public funds as defined in the immigration rules.

However whether you are entitled to either is another matter.

samdeco03 · Post by **samdeco03** » Wed Dec 05, 2012 8:34 pm

called them i was told i was eligible as i have been in the country for more than 3 years legally and my mum is British will apply as eu migrant

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work permit granted instead of discretionary leave :?

work permit granted instead of discretionary leave :?

confused

Re: confused