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naija99
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Joined: 16 May 2012
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 Posted: Sun Jun 17, 2012 6:10 pm Post subject: |
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What are the changes to the 14 year rule and DLR applications?
The statement of intent document fails to load  |
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sushdmehta
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Joined: 17 Mar 2006
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Location: does it matter?
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| Posted: Sun Jun 17, 2012 11:15 pm Post subject: |
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| Quote: | 15. A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary Leave outside the rules on Article 8 grounds.
58. The current 14 year long residence route to settlement for those in the UK lawfully or unlawfully will be abolished.
134. Those who, before 9 July 2012, have been granted leave under the Discretionary Leave policy will continue to be dealt with under that policy through to indefinite leave to remain if they qualify for it (normally after two periods of three years’ Discretionary Leave), subject to the application of the new criminality thresholds, including in respect of cases awaiting decision on a further period of Discretionary Leave on that date. |
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naija99
Member of Standing
Joined: 16 May 2012
Posts: 104
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| Posted: Mon Jun 18, 2012 7:19 pm Post subject: |
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So what is the best option for people who have been in the UK for 12 or 13 years and have been waiting to hit the 14 year mark at the end of the year.
If they make the application before 9 July they would not yet have reached the 14yr mark, if they wait to the end of the year, (after 9 July), the 14 rule will be abolished. The 13 years would have been thrown away if theyre unable to make an application after July.
Where do they stand? I know so many people in this position |
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naija99
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Joined: 16 May 2012
Posts: 104
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| Posted: Tue Jun 19, 2012 8:44 pm Post subject: |
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| Any ideas? Anyone? |
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Greenie
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Joined: 21 Aug 2008
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| Posted: Tue Jun 19, 2012 8:50 pm Post subject: |
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| each case is different. it really depends on the individual's circumstances. there is no one size fits all. |
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naija99
Member of Standing
Joined: 16 May 2012
Posts: 104
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| Posted: Wed Jun 20, 2012 2:49 pm Post subject: |
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| I suppose there's going to be a dramatic influx of DLR applications in these next few weeks! |
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Greenie
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Joined: 21 Aug 2008
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| Posted: Wed Jun 20, 2012 6:20 pm Post subject: |
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| Discretionary leave outside the rules will no longer be granted after 9th July even where an application for such leave was made before 9th July. Instead such applications will be considered according to the new rules. |
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naija99
Member of Standing
Joined: 16 May 2012
Posts: 104
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| Posted: Thu Jun 21, 2012 8:52 pm Post subject: |
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Is that correct Greenie?
Para 21 of the statement of intent states:
The changes set out in this Statement of Intent will for the most part come into effect on 9 July 2012 for new applications made on or after that date to enter or remain in the UK on the basis of family life, or remain in the UK on the basis of private life.
So my understanding of that paragraph is that you can still submit an application for DLR to be considered outside of the ruls up until 9 July.
Correct? |
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naija99
Member of Standing
Joined: 16 May 2012
Posts: 104
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| Posted: Thu Jun 21, 2012 8:59 pm Post subject: |
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Para 23: A partner, child or adult dependent relative who has been granted, or who has applied for, leave to enter or remain in the UK on the family route (or a partner of a migrant with leave under the Points Based System) before 9 July 2012 will remain subject to the rules in force prior to that date. They will be able to reach settlement in the UK (including those granted or who have applied for leave as a fiancé(e) or proposed civil partner) if they
qualify for it under the rules in force prior to 9 July 2012, subject to the requirement from October 2013 to pass the Life in the UK test and to present an English language speaking and listening qualification at B1 level or above to qualify for settlement. |
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sushdmehta
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Joined: 17 Mar 2006
Posts: 21252
Location: does it matter?
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| Posted: Thu Jun 21, 2012 10:25 pm Post subject: |
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| Statement of Intent wrote: | 15. A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary Leave outside the rules on Article 8 grounds.
133. Those who, before 9 July 2012, have applied for initial or further leave under the rules in force prior to that date, but do not qualify for it, will not be considered under the Discretionary Leave policy. If they do not qualify under the rules applicable to them, their application will be refused. Any fresh application on or after 9 July will be considered under the new rules. |
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