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Nationality &discretion new guidance
Posted: Sat Jun 27, 2020 5:43 pm
by London22
I have posted a reply on this topic yesterday but secret Simon has locked it.This is very interesting news that recently in May 2020 HO has updated its guidance on how ,when& why to apply discretion nationality cases.This is a new guidance &due to Covid 19 is not being discussed yet.There is a hope for those who have immigration breaches like overstaying but can get it disregarded if discretion is applied.
Following is the link
https://assets.publishing.service.gov.u ... gov-uk.pdf
Re: Nationality &discretion new guidance
Posted: Sat Jun 27, 2020 6:14 pm
by secret.simon
London22 wrote: ↑Sat Jun 27, 2020 5:43 pm
I have posted a reply on this topic yesterday but secret Simon has locked it.
Not correct. The thread was already locked when I came across it. I merely added a note to ask for more information.
It is generally good practice on any public forum/wiki to link to a document or source that you are referring to. Now that you have provided the link to the document, can you clarify which section/part of the document are you referring to and how has its text changed?
These forums exist to assist people going through the immigration and related processes within the context of existing laws and regulations. We can try and assist other people by interpreting the laws and rules that exist and apply to them.
But the functioning of these forums is not helped by long threads of whinges and complaints that do not assist anybody. We need to deal with what is (the law), not what should be.
Re: Nationality &discretion new guidance
Posted: Sun Jun 28, 2020 6:21 pm
by London22
London22 wrote: ↑Sat Jun 27, 2020 5:43 pm
I have posted a reply on this topic yesterday but secret Simon has locked it.This is very interesting news that recently in May 2020 HO has updated its guidance on how ,when& why to apply discretion nationality cases.This is a new guidance &due to Covid 19 is not being discussed yet.There is a hope for those who have immigration breaches like overstaying but can get it disregarded if discretion is applied.
Following is the link
https://assets.publishing.service.gov.u ... gov-uk.pdf
Hello Everyone
I would request those who believe that this forum is to help people to have a look at this guidance and tell people their own views & experiences .
On page 30 , 3rd last point clearly states discretion might be exercised if an application for asylum or LR was refused but was later acknowledged to be an incorrect decision &the appropriate leave was granted.
Pages 30,29&28 explain when discretion might be applied by disregarding illegal stay or overstaying. It is for asylum seekers and others on leave to remain
Discretion to waive immigration breaches does come for overstyaers specially for asylum seekers or recognised refugees.Caseworkes are being advised to apply discretion where immigration breach was i advertent and short.
What I understand from this guidance is simply any decision can be made.This HO is unpredictable even with its own stated laws.They never simplify laws &make them clear to understand.