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Greenie wrote:discretionary leave was outside the rules so regardless of when you made your application, you will out be granted discretionary leave if your appeal was allowed after 9 July.ali0123 wrote:Hi Greenie,
I am confused after reading your statement "They would not have granted you discretionary leave since your appeal was allowed after 9 July". Does it not depend on the time of application made ?
My appeal was allowed last month for discretionary leave in Upper Tribunal. However, original application for DL was made beginning of 2011. I think I will be given DL according to rules when I made my application.
Could you please help me with.
Kind Regards
See appendix E of the The statement of intent and also read page 133 of the same document.
I am confused. To make it clearer, I will be issued three years DL then another 3 Years DL until I can apply for ILR? Is that correctGreenie wrote:Greenie wrote:discretionary leave was outside the rules so regardless of when you made your application, you will out be granted discretionary leave if your appeal was allowed after 9 July.ali0123 wrote:Hi Greenie,
I am confused after reading your statement "They would not have granted you discretionary leave since your appeal was allowed after 9 July". Does it not depend on the time of application made ?
My appeal was allowed last month for discretionary leave in Upper Tribunal. However, original application for DL was made beginning of 2011. I think I will be given DL according to rules when I made my application.
Could you please help me with.
Kind Regards
See appendix E of the The statement of intent and also read page 133 of the same document.
If it was withdraw and he has been given DL i would assume its under the old rules.Greenie wrote:Further to your PM; please read the statement of intent page 133 as already advised. It doesn't matter when you made your application if the application was made outside the rules. If the appeal was allowed after 9 July you will NOT be granted discretionary leave because the DL policy has been withdrawn.
I think the case at appeal will or should be considered under the old rules since at the tribunal they will be going through what you submitted for initial application regardless of when the appeal was givenali0123 wrote:Hi,
I applied for DL in 2011 which was refused in April 2012. I appealed against the refusal and won my appeal from Upper Tribunal in October 2012. I have now received a letter from UKBA that they will be issuing me leave according to the new rules i.e July2012
Is it a mistake from them ? I am worried because according to new rules I will have to complete 120 months to apply for ILR whereas with old rules, I can apply for ILR after 6 years.
Can someone please help me with this.
Kind Regards
Ali
ali0123 wrote:That how it should be. But rules were changed, I would suggest you to check the url greenie pasted in the forum
no you can't challenge the initial grant in court but may be able to challenge further delays to your subsequent applications. I would hope that as further applications will be under the rules they shouldn't be subject to the extreme delays that DL applications were.ali0123 wrote:Hi Greenie,
Anyway we can challenge that in the court ? I do not mind applying 4 times in 10 years as long as they make a decision quickly instead of making me wait for 2 years.
this case is not relevant to the op's question. I have already provided a link which confirms that if an appeal is allowed or an application under article 8 decided after 9 July discretionary leave will not be granted it will be leave under the new 10 year route. You are taking this topic off track.Dixie123 wrote:Ok so what i wished for might not be the right way to go about it but here is a determination that might be helpful since it over laps from old to new rules
http://www.bailii.org/uk/cases/UKUT/IAC ... geria.html
Greenie wrote:this case is not relevant to the op's question. I have already provided a link which confirms that if an appeal is allowed or an application under article 8 decided after 9 July discretionary leave will not be granted it will be leave under the new 10 year route. You are taking this topic off track.Dixie123 wrote:Ok so what i wished for might not be the right way to go about it but here is a determination that might be helpful since it over laps from old to new rules
http://www.bailii.org/uk/cases/UKUT/IAC ... geria.html