14 years residence before 9th july 2012

Due to unaware to the immigration rules if someone can't able to apply 14 years rule before 9th july 2012 but he/she completed 14 years continuously in uk before the 14 years rule abolished, can still able to argue to the home office? They already been here 16-17, 18, 19, years in uk.

No, any application made now will have be after 20 years

No, any application made now will have be after 20 years

Shondra Sharma wrote:Due to unaware to the immigration rules if someone can't able to apply 14 years rule before 9th july 2012 but he/she completed 14 years continuously in uk before the 14 years rule abolished, can still able to argue to the home office? They already been here 16-17, 18, 19, years in uk.

No, ignorance is no defence in the eyes of the Law...

I understand but there is a case law when 7 year child concession witdrawn on dec 8 2008, one family applied after that but this family completed 7 year before the concession withdrawn but court allow.

At least home office give a chance to regulrise their stay who completed 14 years before 9th july 2012.

Shondra Sharma wrote:At least home office give a chance to regulrise their stay who completed 14 years before 9th july 2012.

The Home Office is known for its retroactive rules, even in cases where they have literally written the rules down on the official document they have themselves issued to visa holders (the most notorious I can think of being the Work Permit holders having 4 years ILR requirements adjusted to 5 years, despite the fact that the Work Permit itself clearly stated 4 years). This has been fought before, with mixed success, typically in the Home Office's favor. Many would agree that this behavior is not acceptable. But in the end, it is a sovereign government, and they can pretty much do what they like when it comes to non-citizens and whether/how they are allowed to remain in the UK.

There is transitional protection for some instances. However, this is where you have actually made an application. If you've not made an application then there is nothing to protect.

Additionally, there is no defence to argue so your ignorance of the law is immaterial.

People on the ten years rule, can make an application on a later date, even at a date when they cease to hold a leave to remain. They could even make an application to an immigration officer at the point of entry.
However people seeking to rely on 14 years should have applied before the 9th July 2012.

Following the 9th July, the tribunal and the Home Office, use to apply the new rules in dealing with their case, but the court of appeal has found that such approach was wholly flawed.