Need help on FLR DL

  • Dear member.
    On October 2006 I went to prison for 12 months for a false passport.
    In January 2007 I received notice of deportation.
    On March 2007 I applied for asylum in prison and was refused in April 2007.
    On May 2007 I went to court against deportation and asylum refusal.
    On court My asylum refused but my deportation allowed under article 8 of Human Right
    the Home office then asks to review the decision but was refused.
    I start reporting to home office every month until I receive the first 6 months discretionary leave
    from 10-03-09 To 05-09-09, I renewed on HPDL form then received second 6 months discretionary
    from 03-08-10 To 02-02-11, I renewed again and received 3 years
    from 01-10-10 To 29-09-13, I renewed on time and received 2nd 3 years
    from 24-07-14 To 24-07-17.
    On 18-07-17, I applied for FLR ( FLR DL form ) after 6 years discretionary leave because I have a criminal record but I phoned the home office the next day and say I should apply for settlement.
    In the application, I tick the box for further leave which is £993 instead to tick the box for settlement which is £2297.

    • On 19-07-17 I contacted the Home Office to correct my application and to pay the difference from FLR to Settlement which is £1304.
    • On 08-08-17 I received a letter from Home Office returning my marriage certificate with a payment details page of the application form to top up £1304 and they give me 14 days to pay otherwise my application will be invalid
    • On 14-08-17 I send the form back and they receive it next day, but they take the money on the 15-11-17 from my bank account. ( after 3 months )
      I noticed that criminal record will affect my application for ILR
      My Question is:
      1 - is the Home Office will consider my application under 10 years from the end of my sentence or 15 years.
      2 - did my application will be considered for FL or ILR
      3 - how long time take to get my biometrics letter
      4 - how long the processing time to get the decision
      please help and advice me.
      Thank you

  • Immigration Adviser

    Hi @lamine

    Where a person has been sentenced to a period of imprisonment of at least 12 months an application for settlement is likely to be unsuccessful until 15 years have passed since the end of the sentence. This is considered even for Discretionary Leave applications, however is not a mandatory refusal reason. In cases where there are criminal convictions the Home Office is likely to grant further leave to remain rather than settlement.

    They will consider ILR first, now that you have varied the application, however if they decide to refuse ILR they will also consider whether you are eligible for further leave to remain.

    There is no timescale for receiving biometric letters, however this should have arrived by now. It may be worth contacting the Home Office regarding this on 0300 1232241.

    With discretionary applications the Home Office do not have set service standards, as the applications are more complex.

    I hope this helps, however please do not hesitate to contact me if you require any further assistance.

  • hi @natalie
    Thank you for your reply.
    I contacted the Home Office yesterday and they say that my application is not completed
    and if the caseworker needs any further information they will contact me.
    I'll give them a couple of weeks and try again.
    Thank you again

  • Hi please my name is Richard 23yr a student overstayer with a Month old British baby with a white Caucasian lady but am been denied of meeting my child family threatening to call to police and immigration on me if I turn up as the father pls what can I do Please

  • Immigration Adviser

    @lamine - Thank you for the update, please do contact me directly if you require any further advice.

    @richard - I am sorry to hear of your current situation. You could look at contacting a Family Law solicitor to start the process of arranging access to your baby. If you are concerned about your Immigration Status then you could look at applying for a visa based on your ongoing attempt at obtaining access to your child. If you would like to discuss this further, please email me on the address below and I will be happy to assist.

  • hi
    if I'm not granted ILR under criminal conviction and granted another discretionary leave to remain, can I have a chance to bring my wife and my child under my discretionary?
    thank you

  • @lamine hi lamine I have the same situation like you with false passport been prison 2007 12 month and been given the first 3 years dl in 2012 and the second one will expire on July this year please we are the same situation contact me this eimal thanks

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