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What was your period of limited leave before ILR?minaminou wrote: 7.5 Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if:
d- the period of limited leave was between 10 and 90 days at the beginning of the 12 month period, if other statutory
requirements, including the other residence requirements, are met and the applicant has demonstrated established links through the presence here of home, family and a substantial part of estate;
Any thoughts about that?
Thanks.
Note however, the key point here is that discretion would need to be applied. Unlike if you applied after the 12 month period where no discretion is required. Is there any particular reason why you need/want to apply early?and the applicant has demonstrated established links through the presence here of home, family and a substantial part of estate.
Applying for anything on the basis of discretion will always have an element of risk associated as you are then requesting for an exception to be considered; the level of risk will vary on individual circumstances. As you say the second scenario you have highlighted above is also another instance where discretion may be applied. Whether you decide to go down this path, is ultimately a personal choice. My stance personally is to go down the simplest route where possible. Least amount of supporting documentation that's required the better in my view. The more straightforward an application is the less work involved for both applicant & caseworker (& also less likely for additional delays to occur as a result of requests for more evidence). So unless there is an absolute need to request discretion I personally would not. I have seen such instances on this forum, but the one here to apply a couple of months early in my personal view isn't worth it. But again, it is only my personal view.minaminou wrote:As far as my understanding is "a substantial part of estate" means basically owning a house or a property.
So, I thought I can cut short the waiting time by 3 months, it would be nice
Also another point to mention would be:
a. at the date of application, the applicant has had less than 12 months free of conditions but has been free of conditions for more than 12 months by the time the application is considered, provided the other requirements are met; or
by looking at the waiting time and when the applications are being considered, I think I might even fall into the above as well...
Anyway, if it's risky..then I would surely wait.
Let me know your thoughts
Thanks.