Is ILR for 6 years now????

[kck9]

Friends

Check this link http://www.rediff.com/money/2007/nov/23visa.htm

It says that

As per the Immigration Rules for discretionary leave, one cannot apply for Indefinite Leave to Remain (ILR) until completion of six years, the forum said adding the qualifying period for ILR as an HSMP holder is five years now.

Dont know what does that discretionary leave means!!!

[avjones]

DL is not to do with work permit or HSMP holders, don't worry.

[kck9]

what does that discretionary leave means???

[avjones]

DL is one part of the replacement for the previous policy of Exceptional Leave to Remain (ELR). The other is humanitarian protection.

Unaccompanied asylum-seeking children, for example, are usually granted DL until they are 18. Those who win under Article 8 are usually granted DL.

The only relevance to HSMP is that some of those who have won at the AIT when they didn't get an HSMP extension are being granted DL.

Discretionary Leave

Discretionary Leave (DL) may be granted for a limited number of specific
reasons. These people will either not be considered to be in need of
international protection, or will have been excluded from such protection.

DL may be granted to an applicant who:

• Has an Article 8 claim.

• Has an Article 3 claim only on medical grounds or severe humanitarian
cases.

• Is an Unaccompanied Asylum Seeking Child (UASC) for whom
adequate reception arrangements in their country are not available.

• Would qualify for asylum or Humanitarian Protection but has been
excluded.

• Is able to demonstrate particularly compelling reasons why removal
would not be appropriate.

An individual grant of DL should not be made for more than 3 years, or less in specific cases as directed by the API's or separate notices which may be issued from time to time. UASC's should normally be granted for 3 years or until their 18th birthday, whichever is earlier, although there may be some exceptions. After the DL period has expired the claimants situation will be reviewed with further leave granted if appropriate. A person on DL will normally become eligible to apply for ILR after 6 years.

[kck9]

thank you for your explanation avjones.....

[article8]

That appear to even be further rape of justice! You apply for HSMP Ext under certain pre-notified terms, HO cheated on the terms and denies extension. You argue your case at the AIT and wins, in another arm twisting of justice HO either shamelessly appeals against you or issues a DL, an inferior refugee-type visa with completely different hsmp-unrelated set of conditions - what absurdity?!

The only relevance to HSMP is that some of those who have won at the AIT when they didn't get an HSMP extension are being granted DL.

Avjones: knowing much about this DL thing as a barrister, a question for you please - another forum member writes -

Now I'm waiting for a date to be set for the review. I've been told it could be up to three months before a date is set and the date set will be another three to six months after that. http://www.immigrationboards.com/viewto ... hlight=ait

Could you please coroborrate the underlined, thanks?

[avjones]

replied on that thread,

[article8]

oh, didnt know you were on my heels, thanks anyway!

[Bhumi]

hi guys,
Good to have started this forum. My frnds had recently applied for his HSMP through an immigration consultant. His lawyer informed him that the ILR will be changed to 7 yrs from next year onwards for everyone. Although i did not agree to him surprisingly enough after apeaking to another immigration lawyer he was given the same infomation.
Had anyone enquired about this.

I am not sure what kind of rules is this country trying to bring?

[kck9]

They will keep on change.....dont know where it is going to endup......

also you can see how they are backing up there changes

http://www.rediff.com/money/2007/nov/28labour.htm

[EdgeHillMole]

They will keep on change.....dont know where it is going to endup......

Out of everyone's reach, that's where.