Future of Long Residence rule??

Aryan2013 · Post by **Aryan2013** » Fri Sep 16, 2011 3:45 pm

"The coalition government has a firm commitment to human rights. There has however been considerable public debate as to how these rights are interpreted and applied, and in particular the interpretation of Article 8, the individualâ€™s right to family life.

Article 8 allows for consideration of the public interest as well as the individualâ€™s right to a family life to be taken into account. That is why we have established a Commission to investigate the creation of a UK Bill of Rights. It is my sincere hope that the Commission will help bring some common sense back to this, admittedly difficult, area."

http://www.homeoffice.gov.uk/media-cent ... -migration

Does this means that the govt. will wait for the Commission's report before deciding on the future of Long Residence rule??

JohnM · Post by **JohnM** » Fri Sep 16, 2011 10:44 pm

First, current discussion is only regarding family routes. Especially Marriage. It has nothing to do with Long Residency ILR.

Second, I don't think they are even going to touch Long Residency. They already said that they will limit student visas to 7 years in total. So almost nobody will be able to live for 10 years anyway. Why bother with Long Residency then... it's not very easy to cancel it, so they made rules which make it almost impossible to achieve it.

Cheers

luola2010 · Post by **luola2010** » Wed Feb 08, 2012 11:29 pm

JohnM wrote:First, current discussion is only regarding family routes. Especially Marriage. It has nothing to do with Long Residency ILR.

Second, I don't think they are even going to touch Long Residency. They already said that they will limit student visas to 7 years in total. So almost nobody will be able to live for 10 years anyway. Why bother with Long Residency then... it's not very easy to cancel it, so they made rules which make it almost impossible to achieve it.

Cheers

Sorry, I know the post has been on sometime but I just got to read about it. I would like to know why its not easy for the govement to cancel 10 years long residence rule? I read around about this rule and found the information is quite confusing. Someone says 10 years rule can be scrapped anytime without an Act from the parlianment but others say this rule is shelterred by the EU law of human right. Which 1 is right?
The goverment launched consultation on work and family routs leading to settlement last year before making changes. If they are going to scrap or change 10 years rule, do they need to go through consultation stage too?

Aryan2013 · Post by **Aryan2013** » Thu Feb 09, 2012 5:50 pm

"I can confirm that the Government has not proposed changes to the current 10 year long residence rules and they remain in force.

You may be interested to note that the Government is, as part of its wider review of the immigration system, reviewing the 14 year long residency rule."

http://www.whatdotheyknow.com/request/i ... ing-175560

I think 10 year long residence will survive but for how long?

IMMIGRATION LAWYER · Post by **IMMIGRATION LAWYER** » Mon Feb 13, 2012 7:59 pm

During a recent ILPA training session it was discussed that a 10 year Rule may be abolished, but the 14 year Rule will probably remain.

Again, this was just a discussion and colleagues' opinions.

JohnM · Post by **JohnM** » Mon Feb 13, 2012 8:29 pm

Aryan2013 posted more fresh one. And this reply was received from Home Office in 2011:

"Thank you for your e-mail of 10 April, in which you ask for details of any
impending policy changes to the long residence rules. Your request
has been submitted as a request for information under the Freedom of
Information Act 2000, however it addresses issues more related to
operational policy and has therefore been treated as a standard request.

Until April 2003 there was no formal provision in the immigration rules
for a person to be granted settlement on the grounds of long residence
but the Long Residence Concession allowed for a discretionary grant of
indefinite leave to remain after 10 years continuous lawful residence or
14 years continuous residence of any legality, provided there were no
serious countervailing factors.

From 1 April 2003, the Long Residence Concession has been brought within
the scope of the immigration rules, providing a route to settlement
under paragraph 276 (A-D).

Whilst there are no plans at this time to introduce a policy to reduce
or amend the long residence rules, we are due to undertake a review of
family and employments routes later on this year. It is unlikely that
the long residence rules will be within scope of this consultation but
if it is decided to include this route to settlement, we will advise via
UKBA website.

Sorry I cannot be more helpful.

Settlement Operational Policy Team"

JohnM · Post by **JohnM** » Mon Feb 13, 2012 8:35 pm

IMMIGRATION LAWYER wrote:During a recent ILPA training session it was discussed that a 10 year Rule may be abolished, but the 14 year Rule will probably remain.

Again, this was just a discussion and colleagues' opinions.

Aryan should probably be invited to your meetings as an expert:

You may be interested to note that the Government is, as part of its wider review of the immigration system, reviewing the 14 year long residency rule. The 14 year rule currently allows people to apply to settle here regardless of the lawfulness of their leave. The intention to review it was set out in a consultation on family migration and the operation of Article 8 in immigration, which has now been completed and will inform a new policy and rules framework in 2012. We believe that those who wish to settle in the UK on the grounds of private or family life should be up-front about their intentions and make an appropriate application to the UK Border Agency. Settlement in the UK is a privilege. It should not be achieved simply by evading our detection for a number of years.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Future of Long Residence rule??

Future of Long Residence rule??