- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Remember the HSMP ILR req? From four years to five? The Gov applied that retrospectively.....magata wrote:Very good question! Anyboby :Dmy question is: can i apply for a fiance/spouse visa before 1st april 2008 and expect them not to use the above rules against me? afterall, my application would have been submitted before the rules came into force.
or may simply being naive?
which if i am not wrong is now on its way to the court of appeal!Wanderer wrote:Remember the HSMP ILR req? From four years to five? The Gov applied that retrospectively.....magata wrote:Very good question! Anybobymy question is: can i apply for a fiance/spouse visa before 1st april 2008 and expect them not to use the above rules against me? afterall, my application would have been submitted before the rules came into force.
or may simply being naive?
i dont intend to lie. though i have in the past once inadvertently breached immigration law and the HO is aware of that. they may use it against me and deny me a spouse/fiance visa for upto a year in light of the new Rule!Skingland wrote:It should only be problem if you are planning on lying? Sorry if I misunderstood..
Does that matter???Liberal Immigrant wrote:which if i am not wrong is now on its way to the court of appeal!Wanderer wrote:Remember the HSMP ILR req? From four years to five? The Gov applied that retrospectively.....magata wrote:Very good question! Anybobymy question is: can i apply for a fiance/spouse visa before 1st april 2008 and expect them not to use the above rules against me? afterall, my application would have been submitted before the rules came into force.
or may simply being naive?
yea i guess. i see your point.olisun wrote:Does that matter???Liberal Immigrant wrote:which if i am not wrong is now on its way to the court of appeal!Wanderer wrote:Remember the HSMP ILR req? From four years to five? The Gov applied that retrospectively.....magata wrote:
Very good question! Anyboby
From the vbsi website "In part, this has happened because the Court did not allow to introduce additional claimants to the case and most of the original ones have already obtained the ILRs."
Yaounde wrote:http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
7.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
One year if, following their breach, they left the UK voluntarily at their own expense;
Five years if, following their breach, they left the UK voluntarily at public expense; and
Ten years if they were removed or deported from the UK following their breach
well, I have been informed by certain lawyers that the embassy/ho WILL subject any appeal/application to the new rules bcoz:ClaireM wrote:Yaounde wrote:http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
7.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
One year if, following their breach, they left the UK voluntarily at their own expense;
Five years if, following their breach, they left the UK voluntarily at public expense; and
Ten years if they were removed or deported from the UK following their breach
Hi does anyone know if these new laws would be applied to a refusal of Entry Clearance (received in Jan 2008) being reviewed by the embassy ie I know an appeal has to be looked at on the grouns of the law in place at the time of the application but what about if they review the case before appeal will it be subject to the new laws then?
Liberal Immigrant wrote:well, I have been informed by certain lawyers that the embassy/ho WILL subject any appeal/application to the new rules bcoz:ClaireM wrote:Yaounde wrote:http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
7.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
One year if, following their breach, they left the UK voluntarily at their own expense;
Five years if, following their breach, they left the UK voluntarily at public expense; and
Ten years if they were removed or deported from the UK following their breach
Hi does anyone know if these new laws would be applied to a refusal of Entry Clearance (received in Jan 2008) being reviewed by the embassy ie I know an appeal has to be looked at on the grouns of the law in place at the time of the application but what about if they review the case before appeal will it be subject to the new laws then?
the relevant time for them is not the date when the new rules came into force, rather the time of consideration/decision on the appeal!
i feel your pain. i am in the same boat myself. i have previously breached immig law inadvertently and now intend to apply for a spouse visa in pakistan.ClaireM wrote:Liberal Immigrant wrote:well, I have been informed by certain lawyers that the embassy/ho WILL subject any appeal/application to the new rules bcoz:ClaireM wrote:Yaounde wrote:http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
7.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
One year if, following their breach, they left the UK voluntarily at their own expense;
Five years if, following their breach, they left the UK voluntarily at public expense; and
Ten years if they were removed or deported from the UK following their breach
Hi does anyone know if these new laws would be applied to a refusal of Entry Clearance (received in Jan 2008) being reviewed by the embassy ie I know an appeal has to be looked at on the grouns of the law in place at the time of the application but what about if they review the case before appeal will it be subject to the new laws then?
the relevant time for them is not the date when the new rules came into force, rather the time of consideration/decision on the appeal!
Well this is really scary to me my husband got refused entry clearance on 10 Jan 2008 and we lodged an appeal straight away - our lawyer told us that even if the laws change the appeal will be judged on the laws that were in place when the application was refused. What I was worried about is that my MP is trying to get the original application looked at again before the appeal date which will be in September 2008 when the ECO looks at it again will she be able to apply the new laws or only the laws that were around when we applied ie Jan 2008?
hmm, where did u get this info from?Patience wrote:This rule is so confusing and no one seems to have a proper explanation.
From what I understand, they will be applied to applications from the 28 Feb 08 made in the UK and from April 08 for applications made out of the UK.
Is that so?
I was just inquiring too since I read 28 Feb on the statement.Thanks for the info.Liberal Immigrant wrote:hmm, where did u get this info from?Patience wrote:This rule is so confusing and no one seems to have a proper explanation.
From what I understand, they will be applied to applications from the 28 Feb 08 made in the UK and from April 08 for applications made out of the UK.
Is that so?
the Actual Ministerial statement says they will come into force on 1st April 2008, it doesnt distinguish between incountry and outcountry applications.
here is the full statement/rules:
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary