Leave to remain in UK on a Discretionary basis

[bnadeem2006]

Dear All,

I apply for ILR on 27/04/2010 which refuse by Home office , they said that i cannot qualifay leave to remain under the immigration rules as i have unspent criminal conviction dated 21/1/2010

and they saying in addition , You are not entitled to appeal this decision. Section 82 of the Nationality Immigration and Asylum Act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the United Kingdom and so is entitled to stay here.

Facts is that

I have only one Traffic Offenders and paid the fine in full which confirm by

Projects and Policy Officer
Her Majestys Court ’s and Tribunals Service
London Collection and Compliance Centre
Rose Court
Southwark Bridge
London
SE1 9ES

and that traffic offend is NOT a criminal conviction at all , now Home Office issue me 3 year Leave to remain in UK on ECHR Article 8 basis.

i am not sure what to do i have proof that i paid my traffic fine which even not a crime in 04/04/2010

also need to know that, Leave to remain in UK on a Discretionary basis allow to Claim Child Benefit

[Lucapooka]

Traffic offences are criminal convictions if they are issued by a court. Fixed penalty notices are not issued by a court and are not considered. Was your fine issued by a court or by FPN? However, all of that seems to be water under the bridge as you now have DL (but why did you not extend your leave in your previous existing category?) You will be able to apply for an extension of your DL just before it expires and then apply for ILR when you have made six years in the DL category of leave. If you cross the 10 year residence threshold any time before your six years has expired, you can claim ILR on that basis also.

[bnadeem2006]

Hi,
I apply for ILR on 19year legal stay in Uk in reponese I get refusal with limited leave to remain in Uk on dicnoery lleave bassis for 3 year , as the home said I have unspent coniviction criminal before sending the SET (0) the fine was paid in redbridge court , court In writing confirm that it's traffic afance

Howear I am here in Uk last 10 year now what I will do when I allow for ILR on yen year basis?

Can I apply child benefit while I am on DL?

Can I request to home office to review? As curt confirm it's not crime.

[geriatrix]

Paying a fine does not mean that a conviction (if any) has become "spent".

See also Checking for Unspent Convictions yourself....

[bnadeem2006]

For 10year ILR it's effect traffic affiance ? I heard it's effect on when u apply for britsh passport
When unspent become spent?
Now if I recive DL is my 10 year gone in rubbish now is they have look only 3 year period freasly when I will apply extention or they consider my 10 year

[geriatrix]

I am so confuse , i apply LR , NOW recive 3 year limted leave to remain in UK
BECUAE OF Traffic affence need to know when the rule become in force that case worker can refuse the ILR ON 10 YEAR basis because of traffice affance

[tunde10]

Can I apply child benefit while I am on DL?

Yes, you can apply for benefits with discretionery leave. I had it before i got my ILR and i was apply to claim JSA after i finished studying and started looking for work.

[geriatrix]

[quote="bnadeem2006"]I Apply for ILR on the basis of 10 year legal stay in UK which was completed on 01/01/2011, ILR application refuse because of Unspent Criminal Conviction convicted on 24/01/11 and they issue me 3 year Limited leave to remain in the UK on DP basis its mean after 3 year i have to apply an other 3 year extensions, after 16year in UK i can maybe enjoy ILR

offend which i don is "Part VI of the Road Traffic Act 1988. Contrary to section 143 of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988â€

[geriatrix]

i would like to go in court to challenge this rule please provide me the information about the written rule which i need to challenge which effecting all of us,

See New criminality threshold, Judicial review and possible costs of Judicial review.

[bnadeem2006]

Before going court I need to know some information,
I homely request all of you to give valid information and real impacts which impose in your life because of Refusal of ILR and receiving Limited Leave to remain in UK on a Discretionary basis

When this rule come in force that unspent traffic offend can be reason for refusal of ILR (on 10 year basis)?

1) What’s the different between ILR and DL (Discretionary leave)?
2) Who is impact in your life in UK?
3) Why you think this rule its only impose on whose apply for ILR on 10 year legal stay
4) What you feel when its not apply on others
5) Do you think you can freely go out side of UK when you have Discretionary leave?
6) Do you think you are allowed to get benefit? Or allow to use public funds?
7) If you have family in UK do you think its impact on them?
if you start your own business do you think its impact on that?

[bnadeem2006]

Please write me valid comments under the immigration rules thanks as i need this in court as I am going to defend all of you and if any body want to join me in court please write me email or call me 07814052360 my solicitor will set with you and we all go together in court that’s its not going to cost you nothing thanks

[geriatrix]

When this rule come in force that unspent traffic offend can be reason for refusal of ILR (on 10 year basis)?

April 2011 (point 88 of HC 863).

1) What’s the different between ILR and DL (Discretionary leave)?

Indefinite leave to remain (ILR) = settlement in the UK, free from immigration time restrictions.
Discretionary leave to remain (DLR) = limited (temporary) leave to remain in the UK granted under discretion (discretion based on applicant's circumstances).

3) Why you think this rule its only impose on whose apply for ILR on 10 year legal stay

It applies to all immigration categories with the exception of those covered by HSMP JR.

5) Do you think you can freely go out side of UK when you have Discretionary leave?

Yes.

6) Do you think you are allowed to get benefit? Or allow to use public funds?

If the vignette issued mentions "No recourse to public funds", then you are not entitled to any public fund benefits.

8 ) if you start your own business do you think its impact on that?

IMHO, no .... unless the vignette mentions any such restriction.

[geriatrix]

I have 6 and 2 year old son, both born hear but now they both refuges on DL

Being granted discretionary leave does not make you / your children "refugees".

Discretionary Leave

If we do not recognise you as a refugee or a person who qualifies for humanitarian protection, we may give you another type of temporary permission to stay in the UK. This permission is called 'discretionary leave to remain'. How long you are allowed to stay will depend on your circumstances, but it is unlikely to be more than three years initially.

[bnadeem2006]

HC-863 AND HC-903 COME IN FORCE on 6 sep 2011 what about those applications which submite before 6th sept 2011 i sumbite my application on 23 /04/2011

[geriatrix]

HC-863 AND HC-903 COME IN FORCE on 6 sep 2011

Who told you so?
HC 903? Or did you mean HC 908?

Anyhow, read the documents again.

[bnadeem2006]

repsonse from the Criminality Policy Team, UKBA


You may not need to fulfil this requirement if you are covered by the Highly Skilled Migrants Programme Indefinite Leave to Remain Judicial Review Policy (‘the HSMP ILR JR Policy’). Information on the HSMP ILR JR Policy, including who may be covered by it, can be found on our website at:http://www.ukba.homeoffice.gov.uk/sitec ... -09-policy.

[bnadeem2006]

when they come to force?

[bnadeem2006]

HC-908 SORRY

[bnadeem2006]

CANT FIND WHEN ITS COME TO IN FORCE

[bnadeem2006]

If you start your own business YOUmay have leav bhnd you if after 3 year Home office not extent your leav or new rull may stop you for ILR

[geriatrix]

The changes in this statement shall take effect on 6 april 2011. However, in respect of all paragraphs of this statement with the exception of paragraphs 128 and 139 to 142 inclusive, if an applicant has made an application for entry clearance or leave before 6 april 2011 and the application has not been decided before that date, it will be decided in accordance with the rules in force on 5 april 2011.

The changes set out in this statement in paragraphs 1 to 3, 6 to 17 and 29 to 63 shall take effect on 21 april 2011. However, if an applicant has made an application for leave before 21 april 2011 and the application has not been decided before that date, it will be decided in accordance with the rules in force on 20 april 2011. The changes at paragraphs 4 to 5 and 18 to 28 shall take effect on 6 april 2011. However, if an applicant has made an application for leave before 6 april 2011 and the application has not been decided before that date, it will be decided in accordance with the rules in force on 5 april 2011.

[bnadeem2006]

i check my record my application which was submit and paid online on 03/03/2011 , and Home office said in his own web that if application made online and paid onlin sumbit date will consider that

in past same issue hapen when i apply for extention and after 7 days of subminting my application a new rull was intrudce regarding EDF and the Home office rfuse my extention

than i went to judical review and won the case

can i do same this time? on same bassis?

[mrlookforward]

HC-863 AND HC-903 COME IN FORCE on 6 sep 2011 what about those applications which submite before 6th sept 2011 i sumbite my application on 23 /04/2011

HC863 came into force for applications submitted on or after 06/04/2011. You applied for ILR on 27/04/2011. So the HO refusal is correct and legally sound.
Where did you get the idea that HC863 came into force on 6 sept 2011?
http://www.ukba.homeoffice.gov.uk/sitec ... settlement

[bnadeem2006]

I submit and paid £900 the Set(o) fee online on line 3/3/2010 and than there is some issue rise and Home office said
Paid sn other £75 and than receive Spammy Spammer from home office complain department that some advisor of home office give me Wrong advise .

Bothm line is that on line Set(0) application And fee paid on 03/03/2011
And 27/04/2011 is by post again as advised by home office than £75 fee extra

The complain department is investigating last 5 months why some body give me wrong advise in writing from house office regarding £75 extra fee

[bnadeem2006]

Date : 6 september 2011 this datewriten on Home office good crecter requirement issue by Home Office and valid from 6 September 2001 , if you check good crecter requirement you will see date on top page and last page written when it's publish and valued from