New rules: DLR and 14 year settlement

naija99 · Post by **naija99** » Sun Jun 17, 2012 7:10 pm

What are the changes to the 14 year rule and DLR applications?
The statement of intent document fails to load

Post by **geriatrix** » Mon Jun 18, 2012 12:15 am

15. A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary Leave outside the rules on Article 8 grounds.

58. The current 14 year long residence route to settlement for those in the UK lawfully or unlawfully will be abolished.

134. 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.

naija99 · Post by **naija99** » Mon Jun 18, 2012 8:19 pm

So what is the best option for people who have been in the UK for 12 or 13 years and have been waiting to hit the 14 year mark at the end of the year.
If they make the application before 9 July they would not yet have reached the 14yr mark, if they wait to the end of the year, (after 9 July), the 14 rule will be abolished. The 13 years would have been thrown away if theyre unable to make an application after July.

Where do they stand? I know so many people in this position

naija99 · Post by **naija99** » Tue Jun 19, 2012 9:44 pm

Any ideas? Anyone?

Post by **Greenie** » Tue Jun 19, 2012 9:50 pm

each case is different. it really depends on the individual's circumstances. there is no one size fits all.

naija99 · Post by **naija99** » Wed Jun 20, 2012 3:49 pm

I suppose there's going to be a dramatic influx of DLR applications in these next few weeks!

Post by **Greenie** » Wed Jun 20, 2012 7:20 pm

Discretionary leave outside the rules will no longer be granted after 9th July even where an application for such leave was made before 9th July. Instead such applications will be considered according to the new rules.

naija99 · Post by **naija99** » Thu Jun 21, 2012 9:52 pm

Is that correct Greenie?
Para 21 of the statement of intent states:

The changes set out in this Statement of Intent will for the most part come into effect on 9 July 2012 for new applications made on or after that date to enter or remain in the UK on the basis of family life, or remain in the UK on the basis of private life.

So my understanding of that paragraph is that you can still submit an application for DLR to be considered outside of the ruls up until 9 July.

Correct?

naija99 · Post by **naija99** » Thu Jun 21, 2012 9:59 pm

Para 23: A partner, child or adult dependent relative who has been granted, or who has applied for, leave to enter or remain in the UK on the family route (or a partner of a migrant with leave under the Points Based System) before 9 July 2012 will remain subject to the rules in force prior to that date. They will be able to reach settlement in the UK (including those granted or who have applied for leave as a fiancé(e) or proposed civil partner) if they
qualify for it under the rules in force prior to 9 July 2012, subject to the requirement from October 2013 to pass the Life in the UK test and to present an English language speaking and listening qualification at B1 level or above to qualify for settlement.

Post by **geriatrix** » Thu Jun 21, 2012 11:25 pm

Statement of Intent wrote:15. A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary Leave outside the rules on Article 8 grounds.

133. Those who, before 9 July 2012, have applied for initial or further leave under the rules in force prior to that date, but do not qualify for it, will not be considered under the Discretionary Leave policy. If they do not qualify under the rules applicable to them, their application will be refused. Any fresh application on or after 9 July will be considered under the new rules.

chucklee · Post by **chucklee** » Sat Apr 05, 2014 11:25 pm

Hi everyone ,
I would like to ask that
1- If a person is granted Discretionery leave on human rights for six months before 9th July 2012 and he applies FLR on expiry, which is refused and on appeal he is given 2.5 years DLR so as he was granted DLR before 9th July, Will he be able to apply for ILR after six years according to the rules prior to 9th July 2012.
2- If a person is due for ILR on basis of 10 years rule and his Discretiionery leave is expiring after the date when he is eligible for ILR Will he be able to apply for ILR before the expiry of his Discretionery leave
Your response will be appreciated.
Thanks

kamran_alavy · Post by **kamran_alavy** » Wed Feb 24, 2016 2:55 pm

Hi
I was asylum in 2010 my claim was refused .
I married in 2012 and submit my application in may 2012.
After a year Home office grant me DlR for 30 months.(10 years rules)
I was advice Home office could not grant me 30 months dictionary leave to remain because my application was submit before July 2012.
I need some advice?
Any one knows How I can find out if they made a mistake and How I can contact them to change their decision???? or could they put me in 10 years rules even my application was submit before july 2012???
Thanks

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New rules: DLR and 14 year settlement

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