Claire_aamir wrote: ↑Tue Sep 05, 2017 1:01 pm
This is talking about spending 5 years here. Doesn't mention our category which is discretionary leave under old rules before July 2012 we need to complete 6 years.
Sorry you are right,
I have read a little bit from the the discretionary leave document, although it does state it is an asylum policy guidance I think it still applies to people that are granted DLR before 9 july 2012(my wife's was a non asylum grant of DLR)
You can find the document here to read at section 10 as I believe those granted DLR before 9 july 2012 immigration changes come under the trasitional arrangements.
Click here for the documents
10.1 Applicants granted DL before 9 July 2012
Those granted leave under the DL policy in force before 9 July 2012 will normally continue to
be dealt with under that policy through to settlement if they continue to qualify for further leave
on the same basis as their original DL was granted
(normally they will be eligible to apply for
settlement after accruing 6 years’ continuous DL (or where appropriate a combination of DL
and LOTR, see section 8 above)), unless at the date of decision they fall within the restricted
leave policy.
Caseworkers must consider whether the circumstances prevailing at the time of the original
grant of leave continue at the date of the decision. If the circumstances remain the same, the
individual does not fall within the restricted leave policy and the criminality thresholds do not
apply, a further period of 3 years’ DL should normally be granted. Caseworkers must consider
whether there are any circumstances that may warrant departure from the standard period of
leave. See section 5.4.
If there have been significant changes that mean the applicant no longer qualifies for leave
under the DL policy or the applicant falls for refusal on the basis of criminality (see criminality
and exclusion section above), the further leave application should be refused.
Those granted DL for 6 months because of the refusal or withdrawal of asylum or humanitarian
protection on grounds of criminality and who do not fall within the restricted leave policy, must
normally wait 10 years before being eligible to apply for settlement. Where an individual has
accrued 10 years’ lawful residence under the DL policy and applies for settlement,
caseworkers must consider Part 9 of the Immigration Rules and, in particular, paragraph
322(1C).
The bit we're I have highlighted and underlined does not mention anything about applying 28 days before the second set of DLR is due to expire but rather we would be eligible to apply once 6 years have been accrued of continuous DLR.
More clarification would be helpful on this. But in an earlier post I did give an example of the dates and a senior member did agree with my understanding of it.
