Discretionary leave to remain questions

[JTK]

Hi,
I needed some advice and hope someone can help me. I have a simple question and I was hoping you could enlighten me as I have asked around and every solicitor gives me a different answer.
My wife and I came to the UK in December 2000 and overstayed. We had 2 children born here in the UK (one in 2002 and the other in 2005). In 2009 we were going to apply under the article 8 rule but it was scrapped just one month before our 7th year had finished. So, we applied under the human rights. Anyway to cut things short, we did get a discretionary Leave to remain (3 Years) in 2011 and it is now up for extension after 3 years.

After all the above explanation, My question is.

1. We had taken a Life in the UK test the last time, Do we need to do any more tests (B1) or not?
2. What form is used for extension (Don’t worry! I am not sending the application myself, I just want to prepare myself before I go to my solicitor).

I would really appreciate your advice.
Thanks

[Amber]

You don't need a solicitor. I assume both children are British?

No English requirement is needed for a DLR extension (that is for ILR after 6 years DLR). Form FLR(O) should be completed.

[JTK]

Hi Amber,
Thank you for your reply. As to your response, no my children do not have British citizenship as yet. I have sent the application for my elder child. My second child will turn 10 next year.
I was told that we do need to do the B1. Could you please re-confirm. I would really appreciate your help.

Kind regards
JTK

[Amber]

No you do not, B1 is required for ILR not a DLR extension.

[JTK]

OK. Thank you very much. I appreciate your help. You are doing a wonderful service.

[i_m2u]

Amber just to confirm it from you.. I give a lot of importance to your advice.. I have just spoken to UK Visas and Immigration contact centre's representative a minute ago and inquired about applying for ILR after 6 years DLR and LIUK AND B1. She told me, very categorically, that 'customers' applying for ILR based on 6 years DLR are exempted from LIUK AND B1. But I have read in your posts that its not exempted and People applying for ILR on 6 years DLR basis do, indeed, need to pass LIUK AND B1. In fact, I have read on GOV.UK's website ( can't find that page now ) myself that after the latest changes in the law, DLR holders are not exempted anymore. When I mentioned that to the Lady at the UK Visas and Immigration contact centre, she did not agree with me and stuck to her point that DLR holders are still exempted from LIUK AND B1. And this link https://www.gov.uk/english-language does confirm that 6 years DLR holders are still exempted from LIUK and B1 as advised by the Visas and Immigration contact centre's representative. Would you put further light on this issue to clear the confusion please?

[Amber]

My statement related to the fact that an extension has no English requirement. KoLL may also not be necessary for ILR depending on the category but would be required for naturalisation.

[i_m2u]

#Amber I will be applying for ILR based on 6 years DLR (Article . What do you reckon? Should I try to get the LIUK and B1 done at this stage or should I try to do it before I apply for the naturalisation?

[i_m2u]

I meant to say Article 8.. Not that silly smily

[Amber]

I'd wait till nearer the time as the rules may change in 3 years.

[i_m2u]

#Amber. I would be applying in the first week of November...And that seems like just round the corner

[Amber]

But that's just for an extension!