A question regarding theNew Rules for DL under Human Rights!

cherize · Post by **cherize** » Mon Jul 16, 2012 12:38 am

transpondia-2011 wrote:
patience7 wrote:Anyone please???
This thread has been overrun by those inclined to insult or issue some other form of whack; and at least I for one have retreated, it's probably best to start your own top level thread.

PATIENCE7, dont worry as you will not be affected by these new rules. If you are planning to re apply for a 2nd DLR, you can still. But is best to seek the advice of an expert, the immigration solicitors as they know well enough what they are talking about.

To all applicants of DLR who is still awaiting a decision, lets not worry too much and be affected by this new rules being interpreted by other people. Lets have a positive outlook instead

To Transpodia, dont bash in then if you will feel like being insulted. You cannot accept the fact that your opinion is not being acknowledge. Dont be so negative to us applicants who are still awaiting a decision. We knew already the answers to our question, so stop bashing in and insulting us too.

asim72 · Post by **asim72** » Mon Jul 16, 2012 8:50 am

Only ukba knows what they will eventually do. We shall all get an idea once decisions start to emerge of pre 9th July DLR applications. One thing is clear that they haven't made any promises that pre 9th July applications will be dealt with under previous "policy".

Also note that pre 9th july it was just a "policy" outside rules and from 9th July applications will be decided under the "immigration rules".

cherize · Post by **cherize** » Mon Jul 16, 2012 9:52 pm

asim72 wrote:Only ukba knows what they will eventually do. We shall all get an idea once decisions start to emerge of pre 9th July DLR applications. One thing is clear that they haven't made any promises that pre 9th July applications will be dealt with under previous "policy".

Also note that pre 9th july it was just a "policy" outside rules and from 9th July applications will be decided under the "immigration rules".

Thats a good point! Well, we just have to wait and see then what will happens next for pre 9th JUly DLR applicants. Hopefully it will be a positive outcome especially to those genuine applicants who already established a family life here and never have an intention of overstaying.

If only UKBA will stick with their rules and not keep on changing the rules, then Life could have been better .

patience7 · Post by **patience7** » Wed Jul 18, 2012 8:22 pm

Thank you so much for the replies

asim72 · Post by **asim72** » Thu Jul 19, 2012 9:22 am

justice12 wrote:
asim72 wrote:
cherize wrote:Ok, so are you trying to imply that new rules have an impact on me then? If so, how come HO ask for further evidence still 2 weeks ago ? They could have just easily write back and refuse it then if no decision has been made yet before July 9, that's what really puzzles me. So does this mean then that all DL applicants under article 8 before July 9 without any decision being made will be affected with this new rule?
Well, when you are sure what the position is, then whats the point asking on the forum?

You have all the confidence on your solicitor, then why are your cross checking what your solicitor has already told you?

Is this forum belong to your mum ? she can ask whatever she want she is a member .

Yes she can. Her computer is not under my control, so surely she can and will ask what she wants.

I am a member too and I can ask what I want. So I was asking that why is she asking something she already knows.

BTW, does this forum belong to your mum that you are policing it?

transpondia-2011 · Post by **transpondia-2011** » Thu Jul 19, 2012 9:54 am

asim72 wrote: BTW, does this forum belong to your mum that you are policing it?

I had the same question and concluded they were sock accounts or etc etc etc... Certainly bizarre in the first instance...

justice12 · Post by **justice12** » Thu Jul 19, 2012 8:30 pm

[quote="asim72"]Only ukba knows what they will eventually do. We shall all get an idea once decisions start to emerge of pre 9th July DLR applications. One thing is clear that they haven't made any promises that pre 9th July applications will be dealt with under previous "policy".

Also note that pre 9th july it was just a "policy" outside rules and from 9th July applications will be decided under the "immigration rules".[/quote]

Applying for settlement from inside the UK

09 July 2012

New Immigration Rules came into force on 9 July 2012 which changed the length of time that family members must be in the UK before applying for settlement.

The Rules apply to partners of:

British citizens;
someone settled in the UK;
someone in the UK with refugee leave; or
someone in the UK with humanitarian protection.
If you applied to come to the UK or for permission to stay here on or before 8 July 2012 and that permission was granted, you will need to be in the UK for 2 years before you can apply for settlement.

If you applied to come to the UK or for permission to stay here on or after 9 July 2012 for the 5-year family route and that permission was granted, you will need to be in the UK for 5 years before you can apply for settlement. You will initially be given leave to enter for 2 and a half years, and then you can apply for another period of 2 and a half years.

([color=red][size=18]If you applied on or after 9 July 2012 to come to the UK or for permission to stay here for the 10-year family route, or for permission to stay here on the 10-year private life route and that permission was granted, you will need to be in the UK for 10 years before you can apply for settlement. You will initially be given leave to enter for 2 and a half years, and then you can apply for three more periods of 2 and a h[/color]alf years[/size]).

newlight1 · Post by **newlight1** » Thu Sep 06, 2012 6:04 pm

transpondia-2011 wrote:The above provisions come into effect on 9 July. So far as the maintenance requirement goes, there are protective transitional provisions that apply to those within the family migration system before 9 July 2012, there remain however classes of migrant who are outside the scope of transitional protection.

there remain however classes of migrant who are outside the scope of transitional protection

Who are these classes of Migrants who are outside the scope of transitional protection? Would this include my Fiancée who applied for her Fiancée visa before July 9th 2012?

cherize · Post by **cherize** » Wed Sep 12, 2012 2:46 am

Good news to share! I have been approved a 30 months Discretionary Leave to Remain. Its a long wait, 11 months from the time i lodge my application but its worth it. And i received it on the 1st birthday of my daughter. So its a good news really. I am over the moon. Thanks to my brilliant solicitor.

mojo_92 · Post by **mojo_92** » Fri Nov 30, 2012 4:54 pm

Congratulations on your success

It seems your solicitor was talking crap and does not know enough about the law. Trans has got more clue about the law than your solicitor unfortunately. I hope you guys realize that lawyers will provide you with whatever advice simply to collect your hard earned cash and don't trust them blindly.

In the end, you have been forced down the 10 year route, meaning that there was no transitional arrangement despite your application being lodged before 9th July 2012.

cherize · Post by **cherize** » Fri Nov 30, 2012 5:42 pm

mojo_92 wrote:Congratulations on your success

It seems your solicitor was talking crap and does not know enough about the law. Trans has got more clue about the law than your solicitor unfortunately. I hope you guys realize that lawyers will provide you with whatever advice simply to collect your hard earned cash and don't trust them blindly.

In the end, you have been forced down the 10 year route, meaning that there was no transitional arrangement despite your application being lodged before 9th July 2012.

Oh thanks!
Your opinion is highly appreciated and I do respect it. I wouldn't say my solicitor is crap as I wouldn't have manage to get a visa on my first application. I gave her 100 % trust and no regrets at all in getting her. What matters to me is I got the visa, I am allowed to work and not restricted to anything rather than waiting for ages a visa to be approved or visa being refused leading to court trials. I am stress free now, and actually flying back to my home country in 2 days. I don't need a negative comment from you, slagging off my solicitor. I am not bothered at all the 10 year route as I wouldn't wait anyway for a 10 year before applying for a settlement. I could switch on my visa anytime I want under EEA as my partner is Irish or apply for spouse visa , so what's all the fuss in here ?

transpondia-2011 · Post by **transpondia-2011** » Fri Nov 30, 2012 7:42 pm

The 'fuss' is not really a fuss as such. It's an observation that you misled people by *insisting* on something that informed people knew was wrong, and it was significant...

You said: people on the 2nd leg of DL will only have to do another 3 years.
You got: 10 more years minimum, after which you may or may *not* qualify for settlement.

That's 7 big years of difference, not to mention doubt at the end. You discounted this by being happy to have your case resolved, which is great. But at least the people who were right all along should get a nod, and your 'solicitor' might do well to actually attend law school.

Post by **Greenie** » Fri Nov 30, 2012 8:27 pm

As i understand it from the op's other thread, she was not applying for an extension of DL as she was an overstayer, hence why she was granted 30 months leave under the family life route not DL. My understanding is that those granted DL prior to 9th July willbe able to apply for further DL under the old policy. Are you saying this has now changed transpondia?

transpondia-2011 · Post by **transpondia-2011** » Fri Nov 30, 2012 8:48 pm

The transition policy for DL is governed by a lot more variables than the simplistic explanation given in this forum, or the oft cited 'solicitor' who admins in another forum. There is no single outcome until you have taken all the variables into consideration, and the OP's assurances that everyone would automatically get 3 years DL when they applied for the 2nd leg was uninformed. So who is this 'solicitor'? If she is so great, let's identify her so that more people can take advantage. Contact details please.

Post by **Greenie** » Fri Nov 30, 2012 9:04 pm

Of course any one applying for further DL is not guaranteed a further grant of DL but the same can be said for any applicant under any category. As far as can be ascertained from the information published by ukba a person granted DL before 9 July will benefit from the transitional arrangements and an application for further leave outside the rules (and for ilr once 6 years have been completed) will be considered according to the discretionary leave policy (with ilr applications be subject to the new criminality threshold)

transpondia-2011 · Post by **transpondia-2011** » Fri Nov 30, 2012 9:24 pm

Have you seen any grants of 3 year DL since 9 July?

Post by **Greenie** » Sat Dec 01, 2012 10:08 am

There was at least one instance on this forum. Have you seen any instances of applicants who should be covered by the transitional arrangements for DL being granted leave under the new route instead?

transpondia-2011 · Post by **transpondia-2011** » Sat Dec 01, 2012 12:58 pm

I haven't seen any credible reports of it. What has occured more frequently is people who originally claimed to be unaffected by the new rules ended up getting the 10 year route. Given that the 10 year route did not exist until July 2012, they were affected by the new rules otherwise they would have received the 3 year route.

Is this an insignificant point? No, because DL under the old rules led unquestionably to settlement; people in that category were protected by ministerial statement. The new 10 year route *might* lead to settlement, or it might not.

Given that the whole point of this thread is whether or not the new rules affect people trying to get DL, and the OP herself did not receive DL after insisting that she would, where does that leave us? That the OP was aggressively pushing inaccurate stuff which she supposedly received from a 'solicitor' who admins in another forum.

I would like to know who that 'solicitor' is. If in fact they exist...

Post by **Greenie** » Sat Dec 01, 2012 6:29 pm

But the OP was clearly not a person who would benefit from the transitional arrangements as she is not a person granted discretionary leave prior to 9th July. I haven't seen any reports of applicants applying for a subsequent grant of discretionary leave being granted leave under the 10 year route instead.

transpondia-2011 · Post by **transpondia-2011** » Sat Dec 01, 2012 7:09 pm

I suggest reading the thread again.

And I suppose the 'solicitor' will remain anonymous. Identifying her was the main interest I had at this point, and it looks like that's not going to happen.

Post by **Greenie** » Sat Dec 01, 2012 7:16 pm

I have read the thread. I agree the op (and her solicitor} were wrong to say that she would benefit from the transitional arrangements on the basis of making an application for DL as it was clear from the information published by ukba that such people would not benefit. This is a separate matter to those who are applying to extend their DL who should benefit from the transitional arrangements.

transpondia-2011 · Post by **transpondia-2011** » Sat Dec 01, 2012 8:56 pm

Thanks for confirming that, Greenie. And it's well agreed what you said about 'separate matter'.

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A question regarding theNew Rules for DL under Human Rights!