Does anyone aware the Alvi case court ruling has lift the spell of clock stopping, this is referring to the issuing of admin removal , which stops the counting for the length of time people staying in this country. Last year , the court had ruled that caseworker can only use the Immigration Rules that had been passed by Parliament, any use of outside this category could be regarded as illegal . the Admin removal is under enforcement section , which is outside the immigration rules. So It will not affect DLR application under longresidency anymore
Has anyone been benefited from this ruling?
Below are the sources:
“This means any requirements must be agreed by Parliament. This agreement is gained by putting the requirements into the Immigration Rules. After the Alvi judgement, it is unlawful to refuse an application on the basis of requirements not included in the Immigration Rules.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
“An APP104 stops the clock for the purpose of marriage, DP5/96 and the long residence under the Rule “
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
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