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6 month discretionary leave to remain!

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brooklyn_uk
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6 month discretionary leave to remain!

Post by brooklyn_uk » Thu Jun 02, 2011 5:43 pm

Hi
I have been recently granted 6 month discretionary leave to remain after a Higher tribunal court aloud my Article 8 claim.

My question is why has the UKBA granted me a 6 month as the policy is min of 3years?

they also havnt explained why I also have written to the UKBA?

I also have been told the ukba can refuse my application for further leave after the expiry date!

-If the court has aloud my article 8 why the ukba only given me a 6 month discretionary leave to remain?
-On what ground could the UKBA refuse my application for further leave to remain?
-Does that mean I have to go through the whole court/appeals progress again?
:!: :?:

-Cheers

Greenie
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United Kingdom

Post by Greenie » Thu Jun 02, 2011 7:56 pm

On what grounds did they allow your article 8 claim?

Do you have any criminal convictions?

brooklyn_uk
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Post by brooklyn_uk » Thu Jun 02, 2011 8:05 pm

These grounds:
I came to UK in 1999 at age of 13 and i was not given any kind of stay or visa even I had a application with the UKBA.
All my families are here and they all are British citizens and i was raised by them. and more grounds.

Yes I do have a conviction which resulted in UKBA given me a deportation order and after the appeal the court ruled in my favor. And after that the UKBA issued me a 6 month DLR.

Greenie
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Post by Greenie » Thu Jun 02, 2011 8:13 pm

How many convictions do you have. How long was your sentence?

brooklyn_uk
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Post by brooklyn_uk » Thu Jun 02, 2011 8:14 pm

please do note go off the original question.

Greenie
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Joined: Thu Aug 21, 2008 9:45 pm
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Post by Greenie » Thu Jun 02, 2011 9:06 pm

brooklyn_uk wrote:please do note go off the original question.
it is relevant to your question otherwise i would not have asked.

When someone is liable to deportation but wins an appeal on article 8 grounds a non standard grant of discretionary leave is in line with ukba policy. If the sentence was longer than one year then it will be difficult to challenge

brooklyn_uk
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Post by brooklyn_uk » Thu Jun 02, 2011 9:22 pm

2yr sentence.
-Now that i have won my appeal and been granted DLR what will happen after 6 month?


Sorry I didnt understand what you just said?!

Since I have won my appeal the deportation order has been thrown away, and my Article 8 has been granted and the UKBA has decided not to appeal it and the period to appeal is way over, this does not make any sense to me in many ways;

a) Why a six month DLR and not 3 years?
b) On what grounds could the ukba refuse my application for further leave to remain IF they decided to refuse the further leave to remain application?
c) Will I be given further leave to remain with out going to court/appeal process?
The whole thing looks like a big endless JOKE, if someone has been granted Article 8 shouldnt they given them the standard 3 yr DLR?

Greenie
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Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
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Post by Greenie » Fri Jun 03, 2011 2:22 pm

brooklyn_uk wrote:2yr sentence.
-Now that i have won my appeal and been granted DLR what will happen after 6 month?


Sorry I didnt understand what you just said?!

Since I have won my appeal the deportation order has been thrown away, and my Article 8 has been granted and the UKBA has decided not to appeal it and the period to appeal is way over, this does not make any sense to me in many ways;

a) Why a six month DLR and not 3 years?
b) On what grounds could the ukba refuse my application for further leave to remain IF they decided to refuse the further leave to remain application?
c) Will I be given further leave to remain with out going to court/appeal process?
The whole thing looks like a big endless JOKE, if someone has been granted Article 8 shouldnt they given them the standard 3 yr DLR?
A standard grant of DL is for 3 years but this does not apply when the person has committed a serious criminal offence (which is general interpreted to mean a prison sentence of over 12 months).

You will need to apply to extend your leave before it expires. They may refuse your application if you have committed further offences or if your family life/private life circumstances change so as to mean that removal would no longer breach your article 8 rights. give the length of time you have been here refusal of the latter grounds is unlikely.

See API on Discretionary Leave

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