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: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
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

This answer was rated:

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?

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 4 years ago.

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

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• Its effect is to extend the leave and any conditions attached to it while the application is neither decided or withdrawn, while an in-country appeal could be brought, or, while an appeal is pending;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 and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years 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

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 and other UK Immigration Law Specialists are ready to help you