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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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Dear Solicitor, I'm on discretionary leave to remain in UK.

Resolved Question:

Dear Solicitor, I'm on discretionary leave to remain in UK. I have been on this visa for almost 6 years and it(visa) runs out at the end of October 2016. I have live here since March 1999. My wife and I are currently separated. She used to be my dependant. Our three children are all British citizens now. Please can I apply for indefinite to leave on my own? If yes, what form do I need to fill in? Thanks.
Submitted: 11 months ago.
Category: Law
Expert:  Buachaill replied 11 months ago.

1. Dear Morgan, can you please provide some further detail so I may advise you properly. You have discretionary leave to remain for six years. What visa did you have before these six years? On what basis was discretionary leave to remain granted? What passport(s) or nationality do you hold?

Customer: replied 11 months ago.
I came to UK on a student visa from 1999-2005. I stopped renewing my visa for sometime and lived here illegally. In the meantime,l married and had 3 children who were all born in UK before my visa expired. I later applied to regularise my stay when my first child reached 8 years of age. My application for myself and my family(wife and 3 children) was declined. I successfully appealed and was granted 3 years discretionary leave to remain. I was given another 3 years that expires at the end of October 2016. My solicitor assured me after the case was won at the appeal court that I can apply for indefinite leave to remain after 6 years. So I will like to find out if this is still the case and on which application form to use. Thank you.
Expert:  Buachaill replied 11 months ago.

2. What nationality are you? Are you an EU citizen or a non-EU citizen?

Customer: replied 11 months ago.
Ghanaian
Expert:  Buachaill replied 11 months ago.

3. Yes, you will be able to apply for Indefinite Leave to Remain and you should do so now. Here is a link to the Uk Government website where you can make the application https://www.gov.uk/settle-in-the-uk. The period is six years because you first applied for Discretionary Leave to Remain before 2012. So make the application and it should be granted. Be aware that you must have "good character". Be aware that you can apply for UK citizenship once you have been on Indefinite Leave to Remain for a period of one year.

Expert:  Buachaill replied 11 months ago.

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Customer: replied 11 months ago.
Thank you very much. Lastly,what is the name and number of the form please? Or l can get it from the link you sent me .