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14 years long residence settlement category to close

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


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14 years long residence settlement category to close

Post by geriatrix » Mon Jun 11, 2012 10:10 pm

Paragraph 276B(i)(b) of the Immigration Rules providing for settlement in the UK after 14 years’ residence, lawful or unlawful, will be withdrawn from 9 July 2012, with the exception of applications under those provisions awaiting decision on that date (subject to the application of the new criminality thresholds).

Fourth (bullet) paragraph under clause 134.
Last edited by geriatrix on Mon Sep 17, 2012 10:43 pm, edited 1 time in total.
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derlin
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Re: 14 years long residence settlement category to close

Post by derlin » Tue Jun 12, 2012 8:45 pm

sushdmehta wrote:Paragraph 276B(i)(b) of the Immigration Rules providing for settlement in the UK after 14 years’ residence, lawful or unlawful, will be withdrawn from 9 July 2012, with the exception of applications under those provisions awaiting decision on that date (subject to the application of the new criminality thresholds).

Fourth (bullet) paragraph under clause 134.
My interpretation of the new rules is that the 10 year-route to permanent residence is here to stay; at least for a long while. Though the 14-year route has been abolished, in a sense it has been 'upgraded' to 30-year route assuming the applicant is invoking article 8 of ECHR—right to private life—as the basis of their application to permanent residence.

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Post by Zebrudaya » Thu Jun 14, 2012 3:23 pm

Members who have been planning to regularise their stay through 14 years ILR must have seen the "Statement of Intention: Family Migration June 2012", which amongst other things, wants to scrap the 14 years rule etc. It still has to be put before the parliament etc. It plans to come into effect from 9th July 2012, less than one month!

This is your window of opportununity to do something to save yourseves! Get in touch with your MPs immediately if you haven`t done so and explain that having taken the trouble of avoiding criminal behavior, paid and taken the LIUK test and borrowed £991 to enable you to apply etc, that you were shocked to find that all you have endured over the years to qualify have been made nonsense of by the impending intention. You are not saying that government should not try to reduce immigration to "tens of thousands", but your opinion is that either the 14 year rule be allowed to stand meanwhile ( only a small fraction of people use it anyway) or that you be given a transition period of say 2 years to allow you to sort out matters like credit card debts before may be leaving the UK etc.

You can find out about your MP by going on the internet (google) and entering your post code etc. Contacting your MP is free and he/she is very ready to listen/advice you and ensure that you get justice. Any of the affected members can reply on this forum to let us know how you are getting on. Those who are using an immigration solicitor can also mention the new "intention" so that he can advice you on what to do so that it doesn`t spoil what you have all been working for. It is not fair not to give some period of transition/notice in a matter like this. Ask your lawyer. Human beings are involved not pieces of furniture!

Goodluck.

chorc123
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Post by chorc123 » Thu Jun 14, 2012 3:49 pm

Zebrudaya wrote:Members who have been planning to regularise their stay through 14 years ILR must have seen the "Statement of Intention: Family Migration June 2012", which amongst other things, wants to scrap the 14 years rule etc. It still has to be put before the parliament etc. It plans to come into effect from 9th July 2012, less than one month!

This is your window of opportununity to do something to save yourseves! Get in touch with your MPs immediately if you haven`t done so and explain that having taken the trouble of avoiding criminal behavior, paid and taken the LIUK test and borrowed £991 to enable you to apply etc, that you were shocked to find that all you have endured over the years to qualify have been made nonsense of by the impending intention. You are not saying that government should not try to reduce immigration to "tens of thousands", but your opinion is that either the 14 year rule be allowed to stand meanwhile ( only a small fraction of people use it anyway) or that you be given a transition period of say 2 years to allow you to sort out matters like credit card debts before may be leaving the UK etc.

You can find out about your MP by going on the internet (google) and entering your post code etc. Contacting your MP is free and he/she is very ready to listen/advice you and ensure that you get justice. Any of the affected members can reply on this forum to let us know how you are getting on. Those who are using an immigration solicitor can also mention the new "intention" so that he can advice you on what to do so that it doesn`t spoil what you have all been working for. It is not fair not to give some period of transition/notice in a matter like this. Ask your lawyer. Human beings are involved not pieces of furniture!

Goodluck.
My partner is trapped in this( ref to my previous posts) and luckily, he only needs to find the £991 in 3 weeks time.
However, I was thinking hard last couple of nights if people can overturn this sudden change and get over it with human right laws etc. Even though some people might able to switch to family route, these people like us, we are very broke and have no way to match the income requirement after these years in black economy.
The govenment should shut the door at the new comers but not for those who have been waiting for nearly 14 years.
I do think it will kill some people who are only few months even few days short. Also, what will the government do for the parents who have kids born and bred here over 7, 10 years?
Any ideas to help these people??

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Post by Zebrudaya » Thu Jun 14, 2012 4:34 pm

Dear chorc123

Thank you for your post. I agree with you that having to wait around 11 - 14 years to qualify for ILR is like a jail sentence etc. Those who are affected must still be in shock etc. I suggest your husband to still contact his MP, even though he can apply before the cut off date. If there is any way we can contact all those who are involved in this forum, it will be ideal. They should all contact their MPs for help i.e. when it is tabled before the parliament, so that they can bargain on behalf of those people, explaining that these people suffered a long wait for the ILR and besides, many have already done the LIUK test and were in the process of applying etc. That way, the changes can still take place but either the 14 year rule will be left out for now, or at least more time will be given before it takes effect. A concerted effort by everyone is necessary. If the plan takes effect on 9th July 2012, many poor souls future will be in ruins. Please help in any way to alert our members. This is their only chance to save themselves of a big problem.

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Post by diggingdeep » Fri Jun 15, 2012 11:37 am

Well i have got three month to go before applying for IRL after waitng for 14 years. And this news has deeply unbalanced me. I can't sleep at all. All the time thinking about my all options.

I have talked to my MP. He agree this measure is not necessary as it will only affect maximum couple of thousands people. Who have study here, pay tax, work and due to unfortunate circumstances couldn't renew their visas. They could put these measure as you say Zebrudaya in next couples of years to give time for people to adjust. My Mp says he will raise the point with Theresa May.

I am thinking i might just send my application. Explaining my reasons. Hoping for the best and be ready for the worst(removal)

Risk are
1. It might be refused without right of appeal.
2. Asked to sign on when they can detain you any time and deport you.
3. Stop the clock.
4. of couse loss of £991 pound plus lawyer fees.

Whaty do you guys thinks it good ideas to send in application?

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Post by Greenie » Fri Jun 15, 2012 12:05 pm

I don't think there is any appetite in the current parliament to save the 14 year rule and certaintly not to keep it for a further two years.

diggingdeep I don't really think you have anything to lose by applying early. Given the current processing times the chances are your case won't be passed to a caseworker for 3 months. You also have 15 days to enrol your biometrics so you can delay the consideration by this amount of time and you can also apply as close to the deadline as possible.

They can't remove you without making a decision to do so which attracts a right of appeal.

The alternative is not applying in which case then you risk removal anyway.

chorc123
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Post by chorc123 » Fri Jun 15, 2012 12:09 pm

diggingdeep wrote:Well i have got three month to go before applying for IRL after waitng for 14 years. And this news has deeply unbalanced me. I can't sleep at all. All the time thinking about my all options.

I have talked to my MP. He agree this measure is not necessary as it will only affect maximum couple of thousands people. Who have study here, pay tax, work and due to unfortunate circumstances couldn't renew their visas. They could put these measure as you say Zebrudaya in next couples of years to give time for people to adjust. My Mp says he will raise the point with Theresa May.

I am thinking i might just send my application. Explaining my reasons. Hoping for the best and be ready for the worst(removal)

Risk are
1. It might be refused without right of appeal.
2. Asked to sign on when they can detain you any time and deport you.
3. Stop the clock.
4. of couse loss of £991 pound plus lawyer fees.

Whaty do you guys thinks it good ideas to send in application?
I think if people can qualify for 14 years rules by 9July, then please find the £991 first. Try to negoiate the legal fee to pay by longer instalment if they have financial difficulties. For the people who cannot get in time, you are better to get help from MP, solicitor , legal aid etc. I was thinking can these people get back to 7 years child concession or claim human rights? I got ILR myself and my kids are British Citizens, my partner just got in time if he can find £991,( very long story, we have been here 17 years and he works legally). I have contacted MP couple of days ago.
For the people who got few months short for the 14 years rule, do you have any dependence here and might able get discretionary leave? If so, I thinking you must consult your solicitor now and get in sort out by that day.
My heart goes out for this people, as I have gone through the mess so much in the past.
Good luck everybody.

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Post by Greenie » Fri Jun 15, 2012 12:17 pm

Chorc123 on what basis is your husband working legally? Has he considered applying for a spouse visa from abroad before the rules change? If his 14 year ILR application is refused then he won't have this option and would have to apply under the new 10 year family route.

The new immigration rules do make provision for parents of British children and also parents of non British children who have been here for 7 years (note the 7 year child concession was withdrawn a number of years ago), however applicants who qualify under this route will be granted leave under the new '10 year family' route. (i.e. they have to spend a further 10 years in this new 'category' before being able to apply for ILR.

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Post by diggingdeep » Fri Jun 15, 2012 12:54 pm

Greenie, i think your advise is very sound. In any case i can't wait anymore, they might scraps the the whole thind anyway.

The 14 years wait has arleady done tremendously and seriously damage to me. The chance of removal when i apply for it or not is almost the same.

Anyway i am prepared for all eventuality removal or grants, i can't wait forever and 14 years is almost half of my life. I will let you know what happened with my application.

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Post by chorc123 » Fri Jun 15, 2012 1:00 pm

Greenie wrote:Chorc123 on what basis is your husband working legally? Has he considered applying for a spouse visa from abroad before the rules change? If his 14 year ILR application is refused then he won't have this option and would have to apply under the new 10 year family route.

The new immigration rules do make provision for parents of British children and also parents of non British children who have been here for 7 years (note the 7 year child concession was withdrawn a number of years ago), however applicants who qualify under this route will be granted leave under the new '10 year family' route. (i.e. they have to spend a further 10 years in this new 'category' before being able to apply for ILR.
To cut my story in short, we have applied ILR under 14 years rules on 2009. Sadly, the former solicitor got into wrong application, then we both ended up with 3 years DL, my kids are born and bred here and teenagers now. Then, after a row with the former solicitor, we took all documents back and we got any legal rep. She made a new application for me on last July, and very unlucky again, the UKBA 'lost' my new application and after my MP wrote to them again, they returned my new application and fee on around September( not sure the exact month). Anyway, my new application has submitted again, and I was granted ILR in just over 2 months. My new rep. has sent a letter on last December to UKBA asked them why he was not granted in the first place, only because the initial application got wrong by my the former solicitor for 'did not ask for ILR' and did not submit seperate forms for two of us. Anyway, my MP wrote to them again on March and asked why there was no reply at all. They said, the case has passed to senior case worker etc. Now, it is no news. Therefore, my new rep said, we are better to send a new application form with £991 for my partner in the safe side.
Ours are very extraordinary story, if you have followed and read through the previous my previous posts.
So, it is why my partner can work legally here as he got 3 years DL.
Now, it is cash is king!!!!
I can understand why people don't support 14 years rules, however, there are many people who did not intent to overstay in the first place. Why the govenment cannot give some compassion to these people and consider in case by case basis???
Family route??? I don't think there are a lot of people can match the financial requirement in current economic climate!!!!!

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Post by Zebrudaya » Fri Jun 15, 2012 1:23 pm

Thank you diggingdeep and chorc123 for your posts. It is not easy for anyone to wait for about 14 years to obtain ILR. You have done well to involve your MPs. I believe there must be a remedy for people who depended on this route. We are not saying that the UKBA cannot change it`s rule BUT we are saying that it should be done in a way that doesn`t leave people emotionally traumatised and in shock etc. Human beings are involved not pieces of furniture! If the UK can be so concerned about animal welfare, so it should be more concerned about human beings! The least UKBA can do is to give a transition time frame e.g. one year - two years before closing the 14 years rule.
Those who haven`t complained to their MPs should do so urgently to ensure that they get fair treatment in this matter. Those who have immigration solicitors should discuss the matter urgently with them to see what they can do to help. 14 years wait is a significant % of anyone`s lifetime and cannot be treated with utter disregard.

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Post by Greenie » Fri Jun 15, 2012 1:32 pm

chorc123 wrote:
Greenie wrote:Chorc123 on what basis is your husband working legally? Has he considered applying for a spouse visa from abroad before the rules change? If his 14 year ILR application is refused then he won't have this option and would have to apply under the new 10 year family route.

The new immigration rules do make provision for parents of British children and also parents of non British children who have been here for 7 years (note the 7 year child concession was withdrawn a number of years ago), however applicants who qualify under this route will be granted leave under the new '10 year family' route. (i.e. they have to spend a further 10 years in this new 'category' before being able to apply for ILR.
To cut my story in short, we have applied ILR under 14 years rules on 2009. Sadly, the former solicitor got into wrong application, then we both ended up with 3 years DL, my kids are born and bred here and teenagers now. Then, after a row with the former solicitor, we took all documents back and we got any legal rep. She made a new application for me on last July, and very unlucky again, the UKBA 'lost' my new application and after my MP wrote to them again, they returned my new application and fee on around September( not sure the exact month). Anyway, my new application has submitted again, and I was granted ILR in just over 2 months. My new rep. has sent a letter on last December to UKBA asked them why he was not granted in the first place, only because the initial application got wrong by my the former solicitor for 'did not ask for ILR' and did not submit seperate forms for two of us. Anyway, my MP wrote to them again on March and asked why there was no reply at all. They said, the case has passed to senior case worker etc. Now, it is no news. Therefore, my new rep said, we are better to send a new application form with £991 for my partner in the safe side.
Ours are very extraordinary story, if you have followed and read through the previous my previous posts.
So, it is why my partner can work legally here as he got 3 years DL.
Now, it is cash is king!!!!
I can understand why people don't support 14 years rules, however, there are many people who did not intent to overstay in the first place. Why the govenment cannot give some compassion to these people and consider in case by case basis???
Family route??? I don't think there are a lot of people can match the financial requirement in current economic climate!!!!!
The 10 year family route is for those that don't meet the 5 year route requirements (e.g. the income thresholds) but have a family life here.

Your partner is in a far better position than most considering he already has DL and therefore if his ILR application is refused he can continue on this route.

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Post by Greenie » Fri Jun 15, 2012 1:59 pm

Zebrudaya wrote:Thank you diggingdeep and chorc123 for your posts. It is not easy for anyone to wait for about 14 years to obtain ILR. You have done well to involve your MPs. I believe there must be a remedy for people who depended on this route. We are not saying that the UKBA cannot change it`s rule BUT we are saying that it should be done in a way that doesn`t leave people emotionally traumatised and in shock etc. Human beings are involved not pieces of furniture! If the UK can be so concerned about animal welfare, so it should be more concerned about human beings! The least UKBA can do is to give a transition time frame e.g. one year - two years before closing the 14 years rule.
Those who haven`t complained to their MPs should do so urgently to ensure that they get fair treatment in this matter. Those who have immigration solicitors should discuss the matter urgently with them to see what they can do to help. 14 years wait is a significant % of anyone`s lifetime and cannot be treated with utter disregard.
Sorry but there is no way they are going to give a one year or two year 'transition' for this route. Changes in the immigration rules are not even debated in partliament. Given that there was very little opposition to the changes in the family immigration rules there will be little or no opposition to the scrapping of this route in the current parliament.

It has never been advisable for anyone to depend on the 14 year route particularly in the case of someone who is here unlawfully because their clock could be stopped and removal proceedings could be started at any time. Anyone who is still a year or two off qualifying for the 14 year rule and who is here illegally currently cannot reasonably argue that they have a legitimate expectation to be able to remain here for a further 1/2 years illegally in order to qualify under this rule. Anyone close to meeting the requirements still has until 8th July to apply.

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Post by diggingdeep » Tue Jun 19, 2012 10:15 am

Hello members,

Would you recommend application for discretion leave or IRL?

Advantage of IRL is obvious permanent resident. No need to worry about visa anymore while DLR will take 10 year to get permanent resident so in total it will nearly 24 years for me.

Your thought please of the best options between the two and the likely chance of success.

Also if you know competent solicitor in manchester or UK in general.

Thanks

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Post by Greenie » Tue Jun 19, 2012 10:30 am

diggingdeep wrote:Hello members,

Would you recommend application for discretion leave or IRL?

Advantage of IRL is obvious permanent resident. No need to worry about visa anymore while DLR will take 10 year to get permanent resident so in total it will nearly 24 years for me.

Your thought please of the best options between the two and the likely chance of success.

Also if you know competent solicitor in manchester or UK in general.

Thanks
On what basis would you be applying for leave on article 8 grounds?

diggingdeep
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Post by diggingdeep » Tue Jun 19, 2012 1:09 pm

Hello Greenie,

Article 8 will not be the my main points. But it will be one of them plus article 3 and many other points.

The points are: My sister and brother were born here and just before i was born my parent move to another country to get a job and i was born there. But move here a day before my 16 yrs birthday.

I have spent all my adult life in UK, My girlfriend for 4 years is European (Danish).

I have acquire various education and skills during my time in UK.

The facts that i have never claim any benefits or commit any crime during my time here. So obvious i will not burden to taxpayers. I have also works for about 8 years and went though college and university here.

Others factors like age, education, private life, family life, strength of connection to UK, employment records, compassionate circumstances, representations received on my behalf (including my MP, friends, GP, Lecturer, my work mate and others) and the fact that i haven't got any conviction.

I have book life in UK test will do it next week.

On the guidance note these is what it says for people who can apply using FLR (0) form. More Info here http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

• general visitor
• long residence in the UK
• dependents of exempt members of HM Forces
• Domestic worker in a private household
• UK ancestry
• visitor for private medical treatment are now on
form FLR(BID).
• other purposes/reasons not covered by other
application forms.

So i can apply through second criteria or the last criteria.

On Set (0) form people who can apply include

- long residence in the UK
- other purposes/reasons not covered by other
application forms. More info here http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

The point is what application has better chance to succeed?
Last edited by diggingdeep on Wed Jun 20, 2012 9:18 am, edited 1 time in total.

Greenie
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Post by Greenie » Tue Jun 19, 2012 1:44 pm

diggingdeep wrote:Hello Greenie,

Article 8 will not be the my main points. But it will be one of them plus article 3 and many other points.

The points are: My sister and brother were born here and just before i was born my parent move to another country to get a job and i was born there. But move here when i was a day before my 16 yrs birthday.

I have spent all my adult life in UK, My girlfriend for 4 years is European (Danish).

I have acquire various education and skills during my time in UK.

The facts that i have never claim any benefits or commit any crime during my time here. So obvious i will not burden to taxpayers. I have also works for about 8 years and went though college and university here.

Others factors like age, education, private life, family life, strength of connection to UK, employment records, compassionate circumstances, representations received on my behalf (including my MP, friends, GP, Lecturer, my work mate and others) and the fact that i haven't got any conviction.

I have book life in UK test will do it next week.

On the guidance note these is what it says for people who can apply using FLR (0) form. More Info here http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

• general visitor
• long residence in the UK
• dependants of exempt members of HM Forces
• Domestic worker in a private household
• UK ancestry
• visitor for private medical treatment are now on
form FLR(BID).
• other purposes/reasons not covered by other
application forms.

So i can apply through second criteria or the last criteria.

On Set (0) form people who can apply include

- long residence in the UK
- other purposes/reasons not covered by other
application forms. More info here http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

The point is what application has better chance to succeed?
are you and your girlfriend living together? On what basis is she living in the UK -e.g. working, studying etc?

diggingdeep
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Post by diggingdeep » Wed Jun 20, 2012 9:16 am

At the moment she is doing masters degree. I don't want my application to heavily depend on her. I just want to apply on my own right. Our relationship will part of my arguments. But not major part.

The main point the only thing i am asking for opinions is the choice between application for IRL and DLR and which offer better chance of success.

I understand you guys are not lawyers but still i appreciate your opinion and i will make my own decision.

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Post by luckylondon » Mon Jul 09, 2012 5:50 pm

The changes include: 9th july 2012

introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;

publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues;

extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship;

abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;

from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt; and

allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor.

These are the changes made by Home Office but ther's nothing abut abolishing 14yr Rule

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