Overstayer DLR applied before October 2012 rule changes

Dear all, I'm querying on somebody's case who is a bit elderly and thinks his visa granted is not fair. I'm not too sure but i got hold of some of the information from him below. Kindly please advise if this is fair/unfair and if there is a need of another application to reconsider or perhaps application to high court??

-Date of application: 27 September 2012
application: DLR Limited leave to remain on the basis of ILR partner i.e. before the changes in the rules 1 October 2012

-Date of Biometric Invitation: 20 February 2013 and Sent: 25 February 2013

-Date of visa: 30 September 2013 and Valid until: 30 March 2016 (2 1/2 years)
ukba reply: 'Consideration paragraphs R-LTRP.1.1 (a), (b) and (d) of Appendix FM which include the exception paragraphs EX.1 (a) and (b) Leave granted within the immigration rules under D-LTRP.1.2 of Appendix FM.'
'...Which means, in order the qualify for settlement you must have completed a continuous period of 120 months (10 years) in the UK with limited leave granted because of your family life.'

-Date of Visa Reconsideration: 13 November 2013
application: ‘The application was submitted under the rules in place before October 2012...'

-Date of Reply: 25 November 2013
ukba reply: ‘your client was granted limited leave to remain under the partner route on the basis that he was restricted access to public funds, however he was the right to gain employment in the UK. We will not accept any further requests to reconsider the decision made on the above application...’

Please advise...Your suggestions will be highly appreciated.

What do you think is unfair?

What is his/her full immigration history in the UK?

August 2001 - 1 year Visit visa - Stayed 1 month
September 2002 - 6 months Visit visa - Stayed 1 week
March 2003 - 6 months Visit visa - OVERSTAYED

He applied before 1 October 2012. His DLR should have been 3 years without any restrictions on the Visa and according to that he would have needed just one DLR extension before he becomes eligible to apply for ILR.

In contrast, his current decision has been made on the new laws where he got visa of 2 1/2 years and he would have to extend 4x before he becomes eligible to apply for ILR.

Posted on 27th Sept 2012, wouldn't UKBA receive it on 1st Oct 2012 therefore new rules apply? Why did he cut it so fine?

The rules changed in July 2012 not October and for DLR it was not the date you applied that was important it was the decision date as you were applying for discretionary leave. So no, not unfair.

If he requires access to public fund due to, for example, destitution or the welfare of a child, he can request this.

Many thanks Amber_ for replying.

He is 65+. Was the DLR rule changed in July 2012? I thought it was long term residence 10 years and 14 years that changed...

Also, I applied for ILR before 9 July 2012 rules change date and i got ILR on the basis of application date! So in the above scenario.. i don't know??

what do you think about this?
http://www.freemovement.org.uk/new-rule ... more-13147

Regards

Amber_ wrote:The rules changed in July 2012 not October and for DLR it was not the date you applied that was important it was the decision date as you were applying for discretionary leave. So no, not unfair.

If he requires access to public fund due to, for example, destitution or the welfare of a child, he can request this.

See also 7.1 Decision to grant on Article 8 grounds on or after 9 July 2012…………………….13 (click)

I suggest you understand the rules before advising a client.