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Aman Ji
Aman Ji, Solicitor
Category: UK Law
Satisfied Customers: 108
Experience:  LLB Law
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An application for discretionary leave/indefinite leave to

Resolved Question:

An application for discretionary leave/indefinite leave to remain was submitted on an HPDL form last year to UK Border Agency. It was submitted before the current discretionary leave was to expire. I have resided in UK for over 18 years, could you please advise how long it will take for the UK Border Agency to make a decision and if the application will lead to an ILR.
Submitted: 8 years ago.
Category: UK Law
Expert:  Aman Ji replied 8 years ago.
Good evening

Need more info.

Did you submit any application for indefinite leave on basis of long residence (14 continuous yrs in UK)?

Were you refused refugee/asylum status? Why was only discretionary leave granted and how long was it granted for?

When did you submit present application to UKBA less than 4wks before expiry of discretioanry leave or more? Do you need to travel abroad urgently?

Kind regards

Customer: replied 8 years ago.


An asylum application was submitted in 1993 without an outcome. An application for indefinite leave to remain outside the immigration rule was submitted in 2002 on the basis of long residency and I have continuoulsy remained in UK ever since. I was granted 3 years discretionary leave in 2005, which expires august 2008. An application for discretionary leave/indefinite leave to remain was submitted in July 2008. An acknowledgement letter was received in October 2008 confirming receipt of application. I have no immediate travel plans.



Expert:  Aman Ji replied 8 years ago.
Good morning

I believe that discretionary leave can only lead to settlement once 6yrs is completed. In your circumstances, your discretionary leave should be extended by 3yrs if your circumstances have not altered. ILR will not be granted at this stage.

How long will processing take? Unfortunately processing times at Home Office are not predictable despite published guides on turnaround. I have seen some long delays in cases. You should ask your MP to write to Home Office if delay concerns you. However, it is unlikely that decision will be expedited unless you have exceptional compassionate grounds.

You have leave to remain in UK whilst application is being processed.

Hope that clarifies the situation.

Kind regards


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