Is the 14 year rule still going to apply, whent he changes to the general grounds of refusal will also apply to in-country applications for leave to remain? I just don't know. Victoria Which also means that the concessions i.e DP/069/99 and DP3/96 will be made redundant too! Now we're getting persp...

Is the 14 year rule still going to apply, whent he changes to the general grounds of refusal will also apply to in-country applications for leave to remain? I just don't know. Victoria I think you're right, Victoria. Here's an extract fromm Gherson: What were not expected are the changes to the “...

Absolutely not fair. Please consider this situation; If an illegal entrant was thinking of leaving voluntarily at his own expence but for the purpose of applying at the home country for Entry clearance as spouse of a UK citizen. Does the ban still apply. the ban seems it can be anything from 1-5 ye...

These changes do not comply with the European convention in my eyes. Being kept away from one's family will clearly breach article 8 of the convention. So I will suspect that a lot of these cases could be won under Human Rights? But didn't I read sometime ago that HO are considering scraping appeals...

The bad news is...this has been addressed...and BIA have said that those given removal notices whilst they are about to leave voluntarily are still stuffed for 10 years like everyone else... ...sorry guys. Victoria Probably the worst news of my life! How did they explain those who leave voluntarily...

JAJ wrote:Does anyone know where the actual text of the DP 5/96 policy can be found?

http://www.coramchambers.co.uk/Sarah%20 ... _paper.htm

I think this supercedes DP5/96.

I have posted before but I am now really confused.Mu husband overstayed and was removed ie put ON plane to Jamaica within 48 hours.He wasnt held at a holding centre just in the airports detention till his flight.He was told it was a administrive removal.So with the new laws where do we stand he has...

The bad news is...this has been addressed...and BIA have said that those given removal notices whilst they are about to leave voluntarily are still stuffed for 10 years like everyone else... ...sorry guys. Victoria Probably the worst news of my life! How did they explain those who leave voluntarily...

If HO is wrong and these solicitors are also wrong, do you care to give us your advise, then? Once again: http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/oem/oemsectiond/chapter36?view=Binary Nothing in that document supports your assertion that a child should not be registered ...

My advise was based on personal experience and advise I have received from legal practitioners in the immigration field. With the greatest of respect, I would caution against using this as a basis to advise others. Your personal experience may not have been in accordance with the letter of the law ...

If you are referring to the older child, that is wrong advice. Older child could normally only be registered as British if child gets ILR and mother is also becoming naturalised British at the same time. Older child is probably going to need to be naturalised in due course. My statement was made be...

Not necessarily so. I think a child who was brought to the UK and has now spent 7 years or more here has as much right to remain as a child born here. So, that means, the eldest child who is going to be 16 and named in the application can still be use as an avenue , if HO want to argue that, techni...

If her application is approved, all the children named on the application will be allowed to stay and of course she can always register the other two as British as she would have regularised her stay here. So long the child born outside the UK has spent 7 years here then fine. Even if he hasn't and ...

This make me agree with you that, the child that was born in UK and live here over 7 years has more precedence than a child brought to UK

Not necessarily so. I think a child who was brought to the UK and has now spent 7 years or more here has as much right to remain as a child born here.

The DP5/96 works better for families who have children born here and have lived here for 7 years or more. In cases like these, the home office believe that it isn't normal to remove a child who has strong ties here, so they grant the child residence. As a child of that age need to be looked after by...

My view is that she should apply for a British passport for her eldest as he only has 2 more years left. Thanks Twin, But the eldest child does not qualify for british passport because he came over here at age 5 and was not born over here. Oops! Then I suggest she sit tight and wait. Once she gets ...

My view is that she should apply for a British passport for her eldest as he only has 2 more years left. I think she will still qualify for DP5/96 anyway, so long the second child was included in the application as well. It might even work for her advantage as it might be difficult for HO to remove ...

I think it's discrimination! Yawn.... How about you grab a chair? You seem tired or maybe you just need a break from intolerance! :roll: NO its a yawner statement. The children had no choice but to follow your parents. You chose to be an overstayer so it isn't discrimination It is a failure to rewa...

Wanderer wrote:

Twin wrote:I think it's discrimination!

Yawn....

How about you grab a chair? You seem tired or maybe you just need a break from intolerance!

It must be 14 years in the UK so you could qualify for Settlement in that category (14 years of illegal stay in the UK). DP3/96 refers to those, who were married to the UK/Settled sitizens for 2 years before submitting such an application; also there must be real grounds for the person not being ab...

Hello Mr Rusty, Thankyou and I also just wanted to ask if an overstayer returning home at the airport given a stamp in his/her passoprt something like overstayer/illegal entrant would this also have an affect on the case? just wondered as I know a friend that wants to return but is scared! Thanks I...

Then that would make no iota of sense (to me, anyway) as someone who is being removed at the expense of the public will get a removal order, anyway and that only carries a 5 year ban. Except of course the home office would be so generous as to not serve a notice... 10 years should be for those who h...

olisun wrote:How can the OP's partner switch as a dependant of the OP if she is still legally married to another person?

Of course to switch will mean declaring the previous marriage no longer subsist.

I guess it's home for her then?

From the story you have narrated thus far, she isn't illegal. She isn't illegal but the circumstances under which her visa was granted has changed. The caseworker guidance for cases like that, is that instead of doing the paperwork to curtail the visa, they prefer to catch the applicant at the next...

paulp wrote:

Twin wrote:Once her parents obtains ILR, then she can register as a British Citizen straight away. That is my understanding.

That's not correct. Registration under form MN1 is only for children under 18.

oops! What happens to her now?