How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2056
Experience:  I am a qualified solicitor and an expert in UK law.
Type Your UK Immigration Law Question Here...
UK_Lawyer is online now
A new question is answered every 9 seconds

there is an application pending with UKBA for discretionary

Resolved Question:

there is an application pending with UKBA for discretionary leave to remain since Feb 2011,at the time the applicant have been in he UK legally for 9 years and 3months,the applicant has now legally been resident in the Uk for 10years and 6months still no decision has been made on the application ,what should the applicant do?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

Could you please clarify, how the applicant has accumulated 10 years legal leave to remain?

 

Kind regards

Customer: replied 1 year ago.

Through studying,and post study visa extension but application have been pending for more than 1 year now with UKBA

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

If you have not received a decision from the UKBA and due to the lapse of time you have now reached 10 year legal residency in the UK then what I suggest you do is apply to vary the application.

What this means in that you can apply for indefinite leave to remain in the UK on the basis that your previous leave to remain was extended under paragraph 3C of the immigration rules:

Section 3C only applies where an application for extension of stay is made before the expiry of the person's leave and the leave expires before the application for variation has been decided;

• Its effect is to extend the leave and any conditions attached to it while the application is neither decided or withdrawn, while an in-country appeal could be brought, or, while an appeal is pending;

• Section 3C does not apply if an application is refused before substantive leave expires;

• Section 3C does not apply where a person's limited leave has already expired at the time of the application.

What I therefore suggest you do is fill in form SET O and send this along with a covering letter to the department that sent you the application to and quote the reference number on the letter of receipt which you should have received when you submitted the application last year.

Along with the application form and the covering letter, you need to pay the difference in fees between the discretionary leave to remain and indefinite leave to remain amount in SET O form.

This should then vary your application and the UKBA should grant you indefinite leave to remain, provided that this all reaches them before the date of decision of your current application. Therefore send it recorded delivery and keep a copy of everything you send.

I hope this answers your question, if so kindly rate my answer positively so i can get credited for my time.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2056
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 5 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

There has been an unsuccessful appeal when the applicant applied to change to tier 1 General before submitting application for discretionary leave to remain,it is also important to say that it is a family application consisting of applicant,wife and a child who will be 7 years old in November 2013,What difference would the extra information make on your previous advice

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

If that is the case then provided you submitted your new application within 28 days after the refusal from the Tribunal the UKBA do have discretion to overlook this break in the chain for long residency should they wish.

What you have to weigh all this up against is the fees you will be paying and also whether you think you can take a risk asking the UKBA to over look this period of break in the chain for long residency if it was less than 28 days.

The fact about discretionary leave to remain applications are that they do take a long time to decide specially if children are involved.

I hope this answers your question, if so kindly rate my answer positively so i can get credited for my time.

Kind regard
UK_Lawyer, Solicitor
Satisfied Customers: 2056
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 5 other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience