ILR or FLR(M) Very confused due to different advices by soli

[K Syed]

Hi

I entered in UK in April 1986 and overstayed. I met with a girl in 2002 who is British since August 2009 and in 2010 we get married i.e. registered. We have two kids during the relationship in 2004 and in 2005 who are British now. I applied FLR(M) [on the basis of length of residence in the UK, strength of connection with the UK outside the immigration rules, general criteria contain in paragraphs 395C, 365-368 of the immigration rules, under the case laws specifically the recent Article-8 judgments and under Article 8(Private and Family Life) of the Human Rights Act 1998] and granted 2 years Leave to Remain until January 2014.

I am advised to apply again for 3 years FLR(M) while other solicitor advised to apply for ILR.

Any guidance will be much appreciated and thanks in advance
[/i]

[Amber]

If you were given DLR then that should have been for 3 years, so you need to clarify what your current leave is, when you were given it and when it expires.

If you have been in the UK since 1986 you could have settled a long time ago and could have qualified also for a route to settle on the basis of being here for 20+ years, though, DLR is substantially quicker now.

[wpilr_nov12]

.. and can still settle on the basis of being here for 20+ years.

how So? isn't it 20 years from the time you declare yourself to be OoS?

[Amber]

I should clarify, after 20 years in the UK, but for imprisonment, you have a claim for leave to remain, which is a 10 year route to settlement, the OP would be better continuing on DLR for a further 3 years to settle sooner. 20 years long residence, is really 30 years, as 10 years leave to remain is required. The form to extend DLR is FLR(O) not FLR(M).

However, the OP needs to clarify what leave he has, if he was granted FLR(M) he may be able to settle now/soon on SET(M).

[K Syed]

Thank for reply.

I was granted DLR on 20 January 2012 and expires on 20 January 2014.

I am not sure whether it should be 2 years or 3 years BUT these are the correct dates.

[Amber]

Are you sure you were granted DLR? What does your BRP say?

[K Syed]

It Says:

Type of permit:
Leave To Remain


Work Permitted

I may forward the copy on your private message if it helps you and permit me to do so.

Kind regards and thank you for your considering my situation thoroughly.

[Amber]

What does the letter you got with the leave say? Does the permit say no recourse to public funds?

[K Syed]

There is no restriction to use public funds.

I may claim any benefit which I have not applied just in case if Laws change and effect my ILR application.

[Amber]

You should consider writing to the Home Office and asking them why you were granted DLR for 2 years and not 3. You ought to have 6 years DLR before settling. The only time DLR would be granted for shorter periods, is where case facts point towards only a shorter leave being necessary.

[K Syed]

Thank you for your advice.

Was there any 2 years DLR rule in 2011 or 2012?

[Amber]

There are some people who have had 2 years DLR then extended for another 3 years and then applied for ILR after 5 years DLR. However, the standard is 6 years DLR.

[K Syed]

Thank you very much.