A question regarding theNew Rules for DL under Human Rights!

cherize · Post by **cherize** » Thu Jul 05, 2012 1:17 am

I heard that they are going to impose new rules effective July 9, is it true that they are going to abolish the Discretionary Leave to Remain under Human Rights? If so, applicants before July 9 will not be affected?

I made an application last November, and HO replied back to my solicitor 2 weeks ago asking for a further evidence that my partner and i has been living together since 2010. Is this a good outcome? If they are seeking more evidence from you? Much appreciated to anyone who could answer my questions.

Thanks!

Post by **geriatrix** » Thu Jul 05, 2012 2:57 pm

The statement of intent, in Appendix E, states the following:

Before 9 July 2012 you were granted discretionary leave - You will continue to be dealt with under the discretionary leave policy through to settlement if you qualify for it.

Note that it states "granted DL before 09-Jul" and not "applied for DL before 09-Jul", which is unusual.

This gives the impression, to me at least and I stand to be corrected, that DL application on the basis of Article 8 will not be assessed according to the current DL policy after 09-Jul-12 even if such an application is submitted before 09-Jul, but will be subject to the new policy.

transpondia-2011 · Post by **transpondia-2011** » Thu Jul 05, 2012 3:14 pm

sushdmehta wrote:This gives the impression, to me at least and I stand to be corrected, that DL application on the basis of Article 8 will not be assessed according to the current DL policy after 09-Jul-12 even if such an application is submitted before 09-Jul, but will be subject to the new policy.

This is confirmed. Unlike other transition provisions, unless it is extant, DL will work on the date of decision rather than the date of application. The same for criminality.

cherize · Post by **cherize** » Fri Jul 06, 2012 3:32 am

Ok, so are you trying to imply that new rules have an impact on me then? If so, how come HO ask for further evidence still 2 weeks ago ? They could have just easily write back and refuse it then if no decision has been made yet before July 9, that's what really puzzles me. So does this mean then that all DL applicants under article 8 before July 9 without any decision being made will be affected with this new rule?

Post by **geriatrix** » Fri Jul 06, 2012 3:40 am

There is no harm in sending the evidences that have been requested. Your application is already in the system so you have nothing to lose, but only gain.

Hope for the best.

transpondia-2011 · Post by **transpondia-2011** » Fri Jul 06, 2012 8:04 am

I'm not really trying to imply anything, but rather stating it outright. It's been published and was debated in the Commons earlier this week. For your question about why the Home Office did what it did in your case, I do not know and suggest that nobody else on the net does either. Perhaps the correspondence was composed before the new policies were laid down? Perhaps your particular case is serious and compelling? Perhaps they want a test case? Perhaps they are training somebody new? Why not just ask them?

And for your last question, the answer is yes, all OTR applicants where a decision is still pending are to be affected. DL = discretionary, which is inherently outside the rules and thus does not bind them to the activation of the rules. Similarly, just for completeness, appeals are already being argued with the new interpretation.

I also like the earlier advice which indicates that you should gather up what they are looking for and send it.

cherize · Post by **cherize** » Sat Jul 07, 2012 3:10 am

Yes I have gathered that they are asking me to submit and posted to them already. I spoke with my solicitor as well today and she said I am not affected with these new rules. Thanks guys for your opinions

positive vibes and faith for a good outcome is all I need !

justice12 · Post by **justice12** » Sat Jul 07, 2012 1:05 pm

[quote="cherize"]Yes I have gathered that they are asking me to submit and posted to them already. I spoke with my solicitor as well today and she said I am not affected with these new rules. Thanks guys for your opinions

positive vibes and faith for a good outcome is all I need ![/quote]

Hopefully you will be hearing a good news soon even if you get granted the 10 years visa you can always consider applying for spouse visa when you go home for holyday and get 5 years instead

good luck

transpondia-2011 · Post by **transpondia-2011** » Mon Jul 09, 2012 5:03 pm

The above provisions come into effect on 9 July. So far as the maintenance requirement goes, there are protective transitional provisions that apply to those within the family migration system before 9 July 2012, there remain however classes of migrant who are outside the scope of transitional protection.

Furthermore, it should be noted that abolition of the practice of granting discretionary leave takes effect on 9 July, but will affect applications pre-dating this.

source: http://www.jcwi.org.uk/sites/default/files/UBLfinal.pdf

cherize · Post by **cherize** » Tue Jul 10, 2012 1:15 am

transpondia-2011 wrote:The above provisions come into effect on 9 July. So far as the maintenance requirement goes, there are protective transitional provisions that apply to those within the family migration system before 9 July 2012, there remain however classes of migrant who are outside the scope of transitional protection.

Furthermore, it should be noted that abolition of the practice of granting discretionary leave takes effect on 9 July, but will affect applications pre-dating this.

source: http://www.jcwi.org.uk/sites/default/files/UBLfinal.pdf

Thank you so much for your link !
Like what i have said, i have spoken to my solicitor already and assurance has been given to me that the new rules has no impact on me. If in case theres an impact on me, then Life must go on as they say. There are other route to take, if returning home is an option then i will.
Thanks again for your link mate!

cherize · Post by **cherize** » Tue Jul 10, 2012 2:09 am

There is no suggestion that outstanding article 8 applications will be rejected or refused without consideration. Article 8 hasn't been abolished!

justice12 · Post by **justice12** » Tue Jul 10, 2012 10:53 am

(Furthermore, it should be noted that abolition of the practice of granting discretionary leave takes effect on 9 July, but will affect applications pre-dating this.)

Is that means outstanding article 8 application before 9 July they can still be granted DLR after 9 July ? can somebody correct me if I'm wrong !! please.

transpondia-2011 · Post by **transpondia-2011** » Tue Jul 10, 2012 11:31 am

justice12 wrote:Is that means outstanding article 8 application before 9 July they can still be granted DLR after 9 July ? can somebody correct me if I'm wrong !! please.

It seems people are stuggling with two different things. When the appeal itself was allowed, and secondarily when the grounds for appeal were allowed.

The OP appears to have lead the thread around in a circle, first posing a question and then authoritatively postulating the answer (which lies at odds to guidance sent to the legal community last week) and then finally denying that Article 8 has been abolished, which was never under debate in the first instance and palpably ridiculous to introduce at this point, and no one has remotely suggested it.

Still an interesting topic though. I'll be glad to participate if a more substantive thread evolves here...

justice12 · Post by **justice12** » Tue Jul 10, 2012 5:09 pm

[quote="transpondia-2011"][quote="justice12"]Is that means outstanding article 8 application before 9 July they can still be granted DLR after 9 July ? can somebody correct me if I'm wrong !! please.[/quote]

It seems people are stuggling with two different things. When the appeal itself was allowed, and secondarily when the grounds for appeal were allowed.

The OP appears to have lead the thread around in a circle, first posing a question and then authoritatively postulating the answer (which lies at odds to guidance sent to the legal community last week) and then finally denying that Article 8 has been abolished, which was never under debate in the first instance and palpably ridiculous to introduce at this point, and no one has remotely suggested it.

Still an interesting topic though. I'll be glad to participate if a more substantive thread evolves here...[/quote]

was a straight forward question if you don't know the answer just keep quiet !!you wasted writing this

for nooooooooooo answer !!!!!!!

cherize · Post by **cherize** » Tue Jul 10, 2012 10:35 pm

transpondia-2011 wrote:
justice12 wrote:Is that means outstanding article 8 application before 9 July they can still be granted DLR after 9 July ? can somebody correct me if I'm wrong !! please.
It seems people are stuggling with two different things. When the appeal itself was allowed, and secondarily when the grounds for appeal were allowed.

The OP appears to have lead the thread around in a circle, first posing a question and then authoritatively postulating the answer (which lies at odds to guidance sent to the legal community last week) and then finally denying that Article 8 has been abolished, which was never under debate in the first instance and palpably ridiculous to introduce at this point, and no one has remotely suggested it.

Still an interesting topic though. I'll be glad to participate if a more substantive thread evolves here...

I am not misleading the question, what i have quoted is a quote from my solicitor who can interpret the new rules well enough. For applicants before July 9 re Art 8 DL to stop worrying and just be positive.
I respect whatever opinions you have, but since i have spoken with my solicitor already who is credible enough when it comes to immigration matters ( she is one the administrators to a bigger immigration forum), then my question has been answered.
If someone wants to contradict, its fine. Everyone is entitled to their own opinion or answer.
The bottomline is, some people interpret these new rules into something which is not. My question has been answered.
Lesson learned, ask the experts!

cherize · Post by **cherize** » Tue Jul 10, 2012 10:39 pm

justice12 wrote:
transpondia-2011 wrote:
justice12 wrote:Is that means outstanding article 8 application before 9 July they can still be granted DLR after 9 July ? can somebody correct me if I'm wrong !! please.
It seems people are stuggling with two different things. When the appeal itself was allowed, and secondarily when the grounds for appeal were allowed.

The OP appears to have lead the thread around in a circle, first posing a question and then authoritatively postulating the answer (which lies at odds to guidance sent to the legal community last week) and then finally denying that Article 8 has been abolished, which was never under debate in the first instance and palpably ridiculous to introduce at this point, and no one has remotely suggested it.

Still an interesting topic though. I'll be glad to participate if a more substantive thread evolves here...
was a straight forward question if you don't know the answer just keep quiet !!you wasted writing this for nooooooooooo answer !!!!!!!

Justice12, you are right! Just shut up if he/she dont know the answer. rather than using high falloting words which he/she thought , makes his/her idea substantive enough.

asim72 · Post by **asim72** » Tue Jul 10, 2012 11:40 pm

cherize wrote:Ok, so are you trying to imply that new rules have an impact on me then? If so, how come HO ask for further evidence still 2 weeks ago ? They could have just easily write back and refuse it then if no decision has been made yet before July 9, that's what really puzzles me. So does this mean then that all DL applicants under article 8 before July 9 without any decision being made will be affected with this new rule?

Well, when you are sure what the position is, then whats the point asking on the forum?

You have all the confidence on your solicitor, then why are your cross checking what your solicitor has already told you?

cherize · Post by **cherize** » Tue Jul 10, 2012 11:53 pm

asim72 wrote:
cherize wrote:Ok, so are you trying to imply that new rules have an impact on me then? If so, how come HO ask for further evidence still 2 weeks ago ? They could have just easily write back and refuse it then if no decision has been made yet before July 9, that's what really puzzles me. So does this mean then that all DL applicants under article 8 before July 9 without any decision being made will be affected with this new rule?
Well, when you are sure what the position is, then whats the point asking on the forum?

You have all the confidence on your solicitor, then why are your cross checking what your solicitor has already told you?

Just point of clarification, i did asked the question before i have spoken with my solicitor as i couldnt get hold of her that time. OK?
I am not here to ARGUE with anyone.
I am not cross checking either, so dont assume things ok?
I just pointed out what my solicitor answer and just thought of it will be of help to anyone who has questions regarding this matter.
Dont overanalyze and assume on hings which is not meant to be, OK???

cherize · Post by **cherize** » Wed Jul 11, 2012 12:01 am

asim72 wrote:
cherize wrote:Ok, so are you trying to imply that new rules have an impact on me then? If so, how come HO ask for further evidence still 2 weeks ago ? They could have just easily write back and refuse it then if no decision has been made yet before July 9, that's what really puzzles me. So does this mean then that all DL applicants under article 8 before July 9 without any decision being made will be affected with this new rule?
Well, when you are sure what the position is, then whats the point asking on the forum?

You have all the confidence on your solicitor, then why are your cross checking what your solicitor has already told you?

Before bashing me in, make it sure you know first whats its all about. We in this forum are entitled to ask any questions we wanted to ask. I am not her to argue with anyone. I made a question that is of not clear to me, and when i have managed to get hold of my solicitor, then all things have been clarified. So as a member of this forum, i thought it would be nice to share to other applicants who are on the same boat what she said.Am i not allowed to share what my solicitopr have said?

Elisha47 · Post by **Elisha47** » Wed Jul 11, 2012 1:49 am

Hi everybody:
I read all the posts and still are a bit confused if someone could give me some sort of advice, I'm a bit worry now.
I applied for DLR on JAnuary 2012 got acknowledge letter and never heard anything else, after reading the new rules I assume Is no longer DLR so what will they do just refuse our DLR ??? If someone knows pls ...

justice12 · Post by **justice12** » Wed Jul 11, 2012 10:11 am

[quote="asim72"][quote="cherize"]Ok, so are you trying to imply that new rules have an impact on me then? If so, how come HO ask for further evidence still 2 weeks ago ? They could have just easily write back and refuse it then if no decision has been made yet before July 9, that's what really puzzles me. So does this mean then that all DL applicants under article 8 before July 9 without any decision being made will be affected with this new rule?[/quote]

Well, when you are sure what the position is, then whats the point asking on the forum?

You have all the confidence on your solicitor, then why are your cross checking what your solicitor has already told you?[/quote]

Is this forum belong to your mum ? she can ask whatever she want she is a member .

patience7 · Post by **patience7** » Wed Jul 11, 2012 8:04 pm

Hi All

Can I just confirm that if you have been granted your 1st DLR prior to july 9th and it expires after july 9th then you can still apply for a 2nd DLR and then continue to ILR under old rules?

Thanks

patience7 · Post by **patience7** » Wed Jul 11, 2012 8:17 pm

Further to this I just wanted know whether there are any difference in waiting times to being granted your extension to DLR (2ND DLR) compared to when you apply for the 1st DLR....for example would the waiting time be less when applying for your 2nd DLR?

Many Thanks

patience7 · Post by **patience7** » Sat Jul 14, 2012 9:15 pm

Anyone please???

transpondia-2011 · Post by **transpondia-2011** » Sat Jul 14, 2012 11:14 pm

patience7 wrote:Anyone please???

This thread has been overrun by those inclined to insult or issue some other form of whack; and at least I for one have retreated, it's probably best to start your own top level thread.

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A question regarding theNew Rules for DL under Human Rights!

A question regarding theNew Rules for DL under Human Rights!