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10 years ILR future

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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2012arina
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10 years ILR future

Post by 2012arina » Sun Jan 22, 2012 4:08 pm

I have entered in UK in 2003 June as a student . now i have got PSW visa till june 2013 . i am very much shocked to read many articles about 10 years long residency rule would be abolished shortly as i have already spent nearly 9 years in UK . every day i am getting dissapointed to think about the new rules . if anyone genuinly know anything that 10 years rules would be aboilshed by end of 2012 or there would be any transitional time for people who legally stayed and paid taxes for so many years .
please help me with your knowledge .

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Casa
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Post by Casa » Sun Jan 22, 2012 4:23 pm

Anything would be simply guesswork at the moment. ...or a crystal ball :?

2012arina
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Post by 2012arina » Sun Jan 22, 2012 5:31 pm

perhaps there is a some link with the gusswork and the fact

2012
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Post by 2012 » Sun Jan 22, 2012 5:35 pm

2012arina wrote:perhaps there is a some link with the gusswork and the fact
1. If the government wants to change the rule then they can do so anytime.
2. There wud not be any transational arrangements for anybody under this category.
3. The PM, Home Secretary and many other ministers hav asked for the 14 years rule to be abolished and PM said that it is under consideration however, 10 years rules has not been mentioned but u never know.

Chemistry
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Post by Chemistry » Fri Feb 24, 2012 6:26 pm


JohnM
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Post by JohnM » Fri Feb 24, 2012 10:53 pm

1. If the government wants to change the rule then they can do so anytime.
2. There wud not be any transational arrangements for anybody under this category.
Speculations, speculations...


Based on the facts we have:

1. It will not be abolished at least until middle 2013 and is highly unlikely to be abolished even then.

2. Transitional arrangements are always given and new rules are announced about 2 years in advance. Even with PSW they gave almost 2 years advance notice.

If you search this forum there are topics about future of Long Residence dating back to 2006 and beyond. And every time there is some person who says it will be abolished next day/week/month without any notice or transitional arrangements.

Look at the answer given above on whatdotheyknow website. Look at new student rules limiting overall time of study to 7 years. And ask qualified solicitor. I asked solicitor from Workpermit.com who is the owner of this forum (paid 70 pounds for consultation) and she told me that this rule would require very serious review and parliamentary approval because it is connected with EU. So nobody wants to touch it. That's why they limited student visas to 7 years for most people.

This route already attracted only about 1-2% of migrants. Now, after new student rules, it will attract much less than 1%. So nobody will even need to change it.

By the way, when you see news about settlement rules change in the next couple of months, don't confuse it with wrong routes. These changes concern Work Permit routes. And, later this year, family routes, like parents and marriage. 14 years may be reviewed later but Lib-Dems should be against it. Lib-Dems proposed 10 years even for illegals. So it probably be scrapped but after general elections if Conservatives get majority. Regarding 10 years, highly unlikely anyone would even come close to it until after next general elections (if Conservatives get majority or Lib-Dems change their views). :wink:

JohnM
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Post by JohnM » Fri Feb 24, 2012 11:15 pm

I can confirm that the Government has not
proposed changes to the current 10 year long
residence rules and they remain in force.

You may be interested to note that the Government is, as part of its wider review of
the immigration system, reviewing the 14 year long residency rule. The 14 year rule
currently allows people to apply to settle here regardless of the lawfulness of their
leave. The intention to review it was set out in a consultation on family migration and
the operation of Article 8 in immigration, which has now been completed and will inform
a new policy and rules framework in 2012. We believe that those who wish to settle in
the UK on the grounds of private or family life should be up-front about their intentions
and make an appropriate application to the UK Border Agency. Settlement in the UK is
a privilege. It should not be achieved simply by evading our detection for a number of
years.

If you carefully analyse their reply, you can see that the person suggests that there is no need to worry at least until 2013. Even if they start to review it on 1 January 2013, it will take them at least half a year to implement it, so even, which is highly unlikely, they do it without any transitional arrangements at all, you should be fine.

Also, the language of the reply show that the government concerned with those who stayed illegally for long, not legally. Also with those who abuse Human Rights article. It also shows that it is not very easy and straightforward process to review laws which are connected with Human Rights. 10 years rule was implemented in the law not because someone in Britain was particularly kind to immigrants but because there is Human Right European agreement that if a person lived legally in any EU country for more than 10 years, they must be able to get permanent status. So unless UK quits EU or quits this agreement, which is not far from quitting EU, then Long Residency stays. I was told it by solicitor. Then I searched the internet and found this EU document. It was not fully signed yet by UK (and several other countries) but you should understand that it is one thing not to sign it and very different thing to cancel this rule altogether. It's like saying - ok guys, you have all the same rules, we have completely different but we still part of your organization with the same rights. Does not work this way.

I don't know why there are always persons who say some scary things to worried people. Probably because they earn money this way. People become clients, pay more money for the services they don't need...

JohnM
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Post by JohnM » Fri Feb 24, 2012 11:18 pm

i am very much shocked to read many articles about 10 years long residency rule would be abolished shortly
Where did you read these articles? Please provide us with the links to them.

acertified
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Post by acertified » Mon Mar 05, 2012 11:28 pm

JohnM wrote:
I can confirm that the Government has not
proposed changes to the current 10 year long
residence rules and they remain in force.

You may be interested to note that the Government is, as part of its wider review of
the immigration system, reviewing the 14 year long residency rule. The 14 year rule
currently allows people to apply to settle here regardless of the lawfulness of their
leave. The intention to review it was set out in a consultation on family migration and
the operation of Article 8 in immigration, which has now been completed and will inform
a new policy and rules framework in 2012. We believe that those who wish to settle in
the UK on the grounds of private or family life should be up-front about their intentions
and make an appropriate application to the UK Border Agency. Settlement in the UK is
a privilege. It should not be achieved simply by evading our detection for a number of
years.

If you carefully analyse their reply, you can see that the person suggests that there is no need to worry at least until 2013. Even if they start to review it on 1 January 2013, it will take them at least half a year to implement it, so even, which is highly unlikely, they do it without any transitional arrangements at all, you should be fine.

Also, the language of the reply show that the government concerned with those who stayed illegally for long, not legally. Also with those who abuse Human Rights article. It also shows that it is not very easy and straightforward process to review laws which are connected with Human Rights. 10 years rule was implemented in the law not because someone in Britain was particularly kind to immigrants but because there is Human Right European agreement that if a person lived legally in any EU country for more than 10 years, they must be able to get permanent status. So unless UK quits EU or quits this agreement, which is not far from quitting EU, then Long Residency stays. I was told it by solicitor. Then I searched the internet and found this EU document. It was not fully signed yet by UK (and several other countries) but you should understand that it is one thing not to sign it and very different thing to cancel this rule altogether. It's like saying - ok guys, you have all the same rules, we have completely different but we still part of your organization with the same rights. Does not work this way.

I don't know why there are always persons who say some scary things to worried people. Probably because they earn money this way. People become clients, pay more money for the services they don't need...
PLEASE GIVE US THE INTERNET-LINK FOR THIS EU DOCUMENT.

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