- 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
What is your question and you have not indicated which applies to you in what you quoted.dapsandhugs wrote: ↑Wed Sep 02, 2020 7:39 pmI came across this guidance on UKVI Website.
Applicants under section 6(1) who have not been free from
immigration time restrictions for 12 months
Applicants under section 6(1) of the 1981 act are also required to have been free
from immigration time restrictions for the remainder of this period. There is however
discretion to waive this requirement.
Discretion to disregard immigration time restrictions in the 12 months prior to
application can be exercised if one of more of the following is met:
• the applicant had less than 12 months free from conditions when they applied,
but meets the requirement by the time you consider the application and all the
other requirements are met
• the applicant had been put on conditions when returning to the UK, but has
since established that they were a returning resident or exempt from control
• the period of limited leave was less than 10 days at the beginning of the 12
month period
• the period of limited leave was between 10 and 90 days at the beginning of the
12 month period, and the applicant:
o meets all the other requirements
o has strong links with the UK through having established their home, property
and family here
• the period of limited leave was more than 90 days at the beginning of the 12
month period, and:
o the applicant meets all the other requirements
o the applicant has strong links with the UK through having established their
home, property and family here
o there are compelling business or compassionate reasons to justify granting
now
Subject and body.dapsandhugs wrote: ↑Wed Sep 02, 2020 7:48 pmThe question is in the topic headline. I have less than the 12 months (9 Months precisely) on ILR. Trying to understand the guidance only then can I pick which of the waiver applies to me.
As I understand it, every exercise of discretion is to be based on an argument for it. A blanket application of discretion in every single case would not be discretion, it would be alteration/bypassing of the law. So a discretion would/should only be exercised if there is a reason to exercise that discretion.dapsandhugs wrote: ↑Thu Sep 03, 2020 9:32 amThe waiver is not all about compelling reasons or arguments. Is it?
It's good to consider your options you may have - personally I would go for the point in time when you don't have to weigh up options, in three months in this case.dapsandhugs wrote: ↑Thu Sep 03, 2020 9:32 amI'm only trying to get a better understanding of the waiver and then weigh my options before applying.