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New changes to SET(LR) after 24 Nov'16, new guidance publish

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).

This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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New changes to SET(LR) after 24 Nov'16, new guidance publish

Post by » Sat Nov 26, 2016 6:37 am

just noticed updated set LR guidance policy , updated on 24/11/16,, page reduced from 54pages to 43..... new changeson page #8::::
the applicant must not be in breach of immigration laws, except
o for any period of overstaying for 28 days or less which will be disregarded where the period of overstaying ended before 24 November 2016
o where overstaying on or after 24 November 2016, leave was never the less granted in accordance with paragraph 39E of the immigration rules
– for more information on overstaying, see applications from overstayers (non family routes).. page19*********

paragraph 39E of the immigration rules NOW SAYS:
39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or

(2) the application was made:
  • (a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
    (b) within 14 days of:
    (i) the refusal of the previous application for leave; or
    (ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
    (iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
    (iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing. ... -residence

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Re: New changes to SET(LR) after 24 Nov'16, new guidance pub

Post by CR001 » Sat Nov 26, 2016 7:32 pm

This change of '14 days' is applicable to all applications, not only ILR LR. Been posted on forum the same day it was published.
Char (CR001 not Casa)
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