FM Guidance E-ECP 2.1 Drafting Error

transpondia-2011 · Post by **transpondia-2011** » Mon Jul 16, 2012 7:37 am

The section listed as E-ECP 2.1 in Appendix FM of the 'guidance' contains a drafting error which has been acknowledged as incorrect.

The applicant's partner can also be accompanying rather than solely settled. This has been omitted and lots of applicants will relying upon this provision.

There are no plans to correct this in the near term. Presumably ECO's will get this via word-of-mouth, but that's unclear also.

http://www.ukba.homeoffice.gov.uk/polic ... a-partner/

transpondia-2011 · Post by **transpondia-2011** » Tue Jul 17, 2012 8:45 pm

Another drafting error, this one is even *worse*.

It is in E-LTRP 1.11 which purports to specify the circumstances under which a fiance can regularise and join the 5 year route. Except that it leaves no lawful route to regularise. A paradox results.

They are not going to correct this on the grounds that the soonest it will affect a fiance is next January. People will have to go on word of mouth or advisories like this one...

transpondia-2011 · Post by **transpondia-2011** » Fri Jul 20, 2012 5:14 pm

Policy questions still pending and awaiting reply:

Does 2nd 30 month leg of FLR have to be with the same person?

If the person relied upon savings in any previous application, are they still required to show 16,000 in savings when they apply for ILR?

plus others...

transpondia-2011 · Post by **transpondia-2011** » Thu Aug 09, 2012 9:55 am

Update. They have agreed to change Paragraph 297(iv) in order to remove the paradox created by the phrase 'occupy exclusively' for situations where the application includes children.

transpondia-2011 · Post by **transpondia-2011** » Thu Aug 09, 2012 10:20 am

Additional update.

The policy unit has REVERSED a previously announced statement. They have now adopted the view that it is POSSIBLE to switch out of the 10 year route into the 5 year route. The only restriction is that time spent in the 10 year route is not bookable for qualifying under the 5 year route.

So in summary, under the currrent framework, a person who has been put on to the 10 year route has the option of re-applying under the 5 year route. This is done by submitting a qualifying WTR application for FLR.

I think this will affect a lot of people.

transpondia-2011 · Post by **transpondia-2011** » Thu Sep 06, 2012 9:39 am

New Statement of Changes in Immigration Rules HC 565 into force 6 September

Some, but NOT ALL of the drafing errors have been corrected in the new Statement of Changes issued today.

Take careful note that applications submitted today or hereafter are subject to the new rules as of 6 Sept 2012 (today!).

Immigrationboards.com: Immigration, work visa and work permit discussion board

FM Guidance E-ECP 2.1 Drafting Error

FM Guidance E-ECP 2.1 Drafting Error