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Qualifying Period For Ilr After 6 Years Of Discrtionarly Leave

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#1 luqi

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Posted 25 January 2017 - 04:30 AM

Hi Dear,

i am publishing the recent reply from home office to one of his client kindly comment on it guys 

This was question asked to home office.

The first 3 yrs DLR granted in March 2011 following a refusal of an asylum claim. An in-time application to extend is submitted in February 2014. The Home Office subsequently grant an extension in August 2015 quoting 3 yrs DLR starting from August 2015 to expire August 2018

 

In the above scenario, the Home Office have taken 1yr and 6 months to conclude the case, therefore, does this period count towards the 6 yrs and therefore ILR application can be submitted after February 2017?

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Edited by luqi, 25 January 2017 - 04:44 AM.




#2 mkhari

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Posted 07 February 2017 - 12:11 AM

Strange and its against fairness
Its mean ideal before leave expire
Its wrong and unfair
There is one judjment Basnet on fairness
I dont know what to do

#3 luqi

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Posted 07 February 2017 - 09:57 PM

Strange and its against fairness
Its mean ideal before leave expire
Its wrong and unfair
There is one judjment Basnet on fairness
I dont know what to do

Hi Mkhari 

I contact one of Solister he replied me below 

.

 

QUESTION:Your question is whether the time waiting for a decision on your case count towards your six years so that you can apply for ILR in 2018.

 

The answer is yes, and the law is Section 3C of the Immigration Act 1971.

The Home Office states:

https://www.gov.uk/government/…

 

Any leave accrued while waiting for a valid application for further leave to be considered, may count towards the required period of leave for settlement, providing the application was made in time, and leave was automatically extended in accordance with section 3C(2) of the Immigration Act 1971. See Section 3C and 3D leave for further guidance.6 years discretionary leave to remain from February 2012 will be February 2018. I have told you and provided a link that the time spent waiting for an application counts towards your six years as this is under section 3 of the immigration act 1971.

 

Many thanks



#4 luqi

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Posted 07 February 2017 - 09:59 PM

Strange and its against fairness
Its mean ideal before leave expire
Its wrong and unfair
There is one judjment Basnet on fairness
I dont know what to do

CAN YOU COMMENT ABOVE PLZ


Edited by luqi, 07 February 2017 - 10:01 PM.


#5 luqi

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Posted 07 February 2017 - 10:01 PM

AS we all aware of it every person  got different circumstances so very soon i am going to write MP to get exact time frame for my case. i suggest everyone to write mp to get exact qualifying time period for ILR. Thanks



#6 mkhari

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Posted 08 February 2017 - 10:07 PM

Hi luqi
Sorry for late reply
Read Home office replied in freedom of information
They said person need to fill
Both condition 6 years + 28 days before the expiry
Not one

Logically its contradict each otherone and totally unfair
Because if home office spent 1 day to 2 years no problem
But they must give extention of leave until the time left

Fir example if some one granted
Feb 2011-feb2014
Extention applied jan14 n granted in feb 2015
Home iffice shud give him leave until feb 2017
Because they took 1 year

So person can apply ilr exact after 6 years
Othewise its unfair

Edited by mkhari, 08 February 2017 - 10:08 PM.


#7 mkhari

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Posted 08 February 2017 - 10:09 PM

I will also definatly request MP for time frame

Pbm still there if they say before 28 days then we cant do anything apart from challange in JR

#8 luqi

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Posted 09 February 2017 - 04:43 AM

I am totaly agreed with you bro. its ilogincal and out of frame i am also very confused i dont know what to do there is definatley two diffrent points.

kindly do update me regarding this issue.  I will also write to MP with explaining all situation & Will ask Home office  catogorically to give answer. lets see bro. 

 

When is your intial time period starts for 6 YEARS?



#9 mkhari

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Posted 10 February 2017 - 12:15 PM

Dec2011 To Dec 2017

 

But DLR Expire on June 2018



#10 Odat

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Posted 14 February 2017 - 05:23 AM

I was the same home office take 13 months to extend my second dlr and it's expired march 2018
But yesterday I got my ILR at the premium service after I completed the 6 year not the expired date at the brp




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