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change in 276ADE-private life-what does it entail????

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shiraze
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change in 276ADE-private life-what does it entail????

Post by shiraze » Wed Dec 05, 2012 2:22 pm

My daughter is going to apply under the route of Private life. But i heard there would be some changes coming into effect on 13th. Below is what i found on the website :http://www.freemovem...more-new-rules/

Change in the “Private Life” -276 ADE

The seven year children policy together with the Zambrano principle were said to have been incorporated into the July changes to the Rules. What was put into place was a category in Paragraph 276ADE whereby a child could apply for ILR on the basis that they had lived in the UK for a continuous period of 7 years (full stop). However, in the ‘family life as a parent’ category of Appendix FM, a parent could only apply for LTR on the basis of their relationship to a child who had lived in the UK for a continuous period of 7 years and it would not be reasonable to expect the child to leave the UK.
This has now been rectified and the second limb of the reasonable test will now be added to the relevant part of Paragraph 276ADE with both categories mirroring each other now. This will be in force from 13 December 2012 and there are transitional arrangements in place so any application made before 13 December will be considered under the previous rules – so get those children applications in ASAP!

Can anyone please explain what exactly the change entails?

shiraze
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Joined: Tue May 05, 2009 1:59 pm

Post by shiraze » Thu Dec 06, 2012 12:24 pm

can anyone calrify please?

Greenie
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Post by Greenie » Thu Dec 06, 2012 12:29 pm

It means that children will also have to show that it would be unreasonable for them to leave the UK, and not just that they have been here for 7 years.

shiraze
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Post by shiraze » Thu Dec 06, 2012 2:00 pm

Greenie wrote:It means that children will also have to show that it would be unreasonable for them to leave the UK, and not just that they have been here for 7 years.
Thanks, Greeni.
so if the application is submitted before 13th,Dec, the UKBA will not question if it is reasonable for the child to saty as long as he/she has been here for 7 years?
some people are saying that 'In respect of the changes set out in this Statement, if an applicant has made an application for entry clearance or leave before 13 December 2012 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 12 December 2012.”
really don't know what to believe. I tried, but couldn't find relevant information on the website.

Greenie
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Post by Greenie » Thu Dec 06, 2012 2:15 pm

Applications are considered in accordance with the rules in force on the date of the application.

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