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Well until the appeals are spent, you current leave is still valid.sarniw wrote:I won the appeal on human rights grounds. The reason for decision was: "The grounds raise arguable issues in respect of the IJ's decision allowing the appellant's appeal under Article 8 following dismissal of his under HSMP" But I'm wondering if you win through the appeal process, how long of an extension do you get? Four years? Three? One?
avjones wrote:In my experience at the moment, the time taken for a first stage error of law hearing varies wildly.
FOr example, I did one case where leave was granted in August, and the hearing is this week. I have another where leave was granted before that, an d no hearing date's been set yet.
Ganshyam,ganshyam wrote: I heard that appeals which are won on human rights grounds are given discretionary leave by Home Office which means the person will be out of the HSMP status and will not be eligible for ILR.
EdgeHillMole wrote:Ganshyam,ganshyam wrote: I heard that appeals which are won on human rights grounds are given discretionary leave by Home Office which means the person will be out of the HSMP status and will not be eligible for ILR.
I've heard similar stories to this recently on the other HSMP forums.
We'd been advised on other forums that those who win HSMP extension tribunal cases on human rights grounds will not be granted HSMP extension. Instead, they will be granted Discretionary Leave (DL) extension, which re-starts the ILR clock.
The DL ILR clock is re-set to 6 years from the start date of the DL, at which point ILR is not a matter of right, but is solely at the discretion of the Secretary of State for the Home Department.
If I understand correctly the other thread on this board regarding DL, it is normally only granted for three years at a time. So, those on DL would be reviewed in three years’ time before further leave would be considered (Or more likely, given the current political atmosphere, not considered).
I've also heard should those on DL ever move back into the HSMP category, their clock might be re-set again, as this again would be movement from one category to an entirely different category. Not sure about this part yet though.