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Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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in 2007 i was given Discretionary Leave to Remain in the UK

Resolved Question:

in 2007 i was given Discretionary Leave to Remain in the UK by in 2009 i joined the army and i was given a new visa. am i still under the Discretionary Leave to Remain visa. can i apply for Indefinite Leave to Remain or will i have to wait.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 5 years ago.

Awan-Legal : Hi there
Awan-Legal : On which basis were you granted discretionary leave?
Awan-Legal : Are you with the UK army?
Awan-Legal : If you are with the UK army, then you are exempt from immigration control, which means that you may freely enter and exit the UK and remain in the UK without any immigration restrictions so long as you remain within the UK army. This means that you do not need to extend your discretionary leave visa at present since there are no immigration restrictions on you. Once you have completed four years in the UK army and if you then leave or are discharged, you may then apply for indefinite leave to remain on the basis that you have completed four years in the UK army.
Awan-Legal : If you do not complete four years with the army, then you need to apply to extend your discretionary leave once you leave the army. Discretionary leave is granted for three years initially, you must then apply for a further three years on the same basis you were initially granted leave and then after six years you can apply for indefinite leave to remain.
Awan-Legal : You should make your indefinite leave application one month before your next discretionary leave visa expires.
Awan-Legal : I hope that is clear. Please click accept on my answer so that I may claim for my answer. Let me know if you have any further questions. Kind regards, XXXXX XXXXX

I arrived in the UK on 17 December 2000 an was giving 6 months as a visitor. on 16 august 2001 I had leave to remain as a student until 30 June 2002. on the 11 July 2002 until 11 October 2002 I was giving leave to enlist in the army. on 6 December 2002 to the 6 march 2003 to complete army selection.on the 31 December 2002 I was not subject to limitation. on 14 February 2003 it was cancelled. I had over stayed. on 13 august 2005 I got married and on 23 December 2005 I send of a application basis on the marriage to a person present and settled in the UK. on the 28 June 2007 I was giving discretionary leave to remain until 27 June 2010.but on the 6 April 2009 re-enlisted in the army and now I am not subject to limitation. I would like to know if I would be qualify to apply for British citizenship base on the time spend lagelly (2007/2011) or I will have to wait.

Awan-Legal : You will only be eligible for British naturalisation once you have held indefinite leave to remain. You can obtain this in one of the ways advised above. Once you have obtained indefinite leave then you can apply for British nationality without having to wait. In the meanti
Awan-Legal : In the meantime you will have to wait until you can apply for indefinite leave as above.
Awan-Legal : I hope that answers your question. Kindly click accept on my answer.
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