Transitional Arrangements - New family migration rules

[Shamsur]

Hi all,

I am looking for some guidance regarding para 134 of the SOI

"Those who, before 9 July 2012, have been granted leave under the Discretionary Leave policy will continue to be dealt with under that policy through to indefinite leave to remain if they qualify for it (normally after two periods of three years’ Discretionary Leave), subject to the application of the new criminality thresholds, including in respect of cases awaiting decision on a further period of Discretionary Leave on that date"

The scenario is this:

My father joined my mother (settled in the UK with ILR) on 27 November 2010 on a spouse settlement visa.

He will turn 65 in September of this year (2012)

We intend to apply for his ILR in November 2012 as he approaches the two year threshold under the old rules (as I understand them to be).

The questions:

1.Does para 134 mean that my father is still eligible to apply for ILR under the "two year" rule?

2. Also does this mean that in respect of my father's application the old rules would apply as to the following:
a) language proficiency,
b) sponsor's income level - income support level
c) rules on third party financial support


I would be very grateful for some clarification.

Shamsur

[Greenie]

para 134 refers to discretionary leave, your father does not have discretionary leave so this paragraph does not apply. Para 132 is the relevent paragraph.

[Shamsur]

para 134 refers to discretionary leave, your father does not have discretionary leave so this paragraph does not apply. Para 132 is the relevent paragraph.

Of course Many thanks Greenie