Applying for ILR after 2 year discretionary

[butterfly33]

Greetings all.

I am a British citizen and my partner (non-EU) has received 2 year discretionary leave to remain based on his relationship with me after which he can apply for ILR.

Can you tell me what tests he will need to take before applying for ILR. We were under the impression that he would just need the "Life in the UK" test but am now a bit confused as to whether he will also need to take an English language test. If he needs to take an English language test, what sort of test does he need to take (level?) and where can I find a list of approved centres to take it.

Can you also advise what Form he will need to use to apply for ILR and whether he can do this in person rather than by post to quicken the process.

Appreciate that procedures could change at any time soon with laws continually changing etc.

Thanking you for your help.

[ddb]

He only needs the 'Knowledge of Life in the UK' test for an ILR.

See http://www.ukba.homeoffice.gov.uk/partn ... etoremain/

Also see this http://www.ukba.homeoffice.gov.uk/sitec ... e-partners confirming that the English test does not apply to ILR applications.

[butterfly33]

Thanks for this.

[vinny]

Normally, six years of discretionary leave is recquired, before being eligible for ILR.

[butterfly33]

Normally, six years of discretionary leave is recquired, before being eligible for ILR.

Vinny, the letter we got says that he has been given two years discretionary leave after which he can apply for ILR.

We applied in 2005 on FLRM as my partner (at the time he had overstayed 9 years) and waited 6 years for a decision (legacy case). We have always lived together at the same address.

Do you think that even though the letter says 2 years disretionary we will have to apply for an extension for another two years after it expires and then for another two years to make up six. I'm a bit confused because the letter says two years discretionary and then we can apply for ILR.

Thanks for your help.

[vinny]

Perhaps they've made an exception because of the six-year wait. Enclose a copy of their letter when applying for ILR as indicated by the letter.

[butterfly33]

Hi all

In relation to the history above, we are now preparing to apply for ILR within the required "no more than 28 days before completing the period for which you have been given permission to stay" using Form SET(M).

My partner was given leave to remain for an "inital period of two years and if still living in a relationship akin to marriage at the end of the period, you may apply for indefinite leave to remain".

We are trying to decide between making a premium application and a postal application. Am I right in thinking that with a premium application, a decision will be made on the day and that both partners may be interviewed?

Also, would you advise using a sollicitor or should it be a straightforward case of just filling out the forms and accompanying that with the required documentation?

Are the application fees changing soon?

Thank you for your help.

[butterfly33]

Bumping this for your kind assistance.

[Casa]

There is no interview when applying at a PEO. The application and documents are simply checked for validity. As this may not be considered a 100% straightforward case, it would be wise to apply by post. The PEO caseworkers don't have the seniority to make a decision on applications which need further scrutiny. Any applications which aren't approved on the day are passed to a higher level and then join the postal queue...at the premium fee.

[vinny]

From discretionary leave to ILR, is the SET(O) form more appropriate?

[butterfly33]

Vinny and Casa thank you again for your kind reply.

Looking at the letter of May 2011 from the UKBA again, I am now wondering if this is indeed "discretionary leave" as those words were not actually mentioned in the letter.

The letter to our representative said "I am returning your client's passports endorsed with an extension of stay in the UK on the basis of his relationship with a person settled here. Your client should note the attached explanation of the conditions of his leave and how he may apply for the time limit on his stay to be removed shortly before it expires."

Letter to my partner of the same date says "As a person who has entered into an unmarried relationship with someone settled in this country, you may now stay here for an initial period of two years, provided you continue to meet the requirements of the Imm Rules...... If you are still living a relationship akin to marriage with your partner at the end of the period for which you have been given permission to stay, you may apply for indefinite leave to remain in the UK. You must apply before the end of your authorised stay in the UK but no more than 28 days before completing that period".

Is it right that we apply on SET(M) or SET(O)? I am not too sure now.

When we make the application, is this the sort of application that we can make using a PEO office? After the length of time it took for a decision the first time (6 years), I am reluctant to send anything by post. (My passport was also not returned to me even after lots of phone calls and letters.) Would you still advise doing it by post?

Thank you.

[vinny]

It looks like he had been granted FLR(M). So SET(M) would be appropriate. They should not have kept your passport.

[butterfly33]

Thank you Vinny.

I had sent both my UK passport and passport from country of birth to support my partner's last application. When the decision was made, they sent his passport and my UK passport back to us but not my passport from my country of birth.

Despite writing to them (registered mail) and telephoning them (over a period of one a half years), I got nowhere. In the end I had to report the passport missing and get a replacement.

Sorry, last query. Would you still advise postal route rather than PEO?

Thanks

[Casa]

As it's a SET(M) application and if you feel you have all documents in order then you should be OK with PEO.