Discretionary leave help

pradz45 · Post by **pradz45** » Tue Aug 14, 2012 11:10 am

hello everyone.
I needed some advice.
Is it possible to apply for discretionary leave without legal representation and what is the form that I should use.

Post by **Casa** » Tue Aug 14, 2012 11:38 am

You can no longer apply for Discretionary Leave as this was removed in the new regulations introduced on the 9th July. Seek legal advice on what options you now have.

pradz45 · Post by **pradz45** » Tue Aug 14, 2012 12:28 pm

Casa wrote:You can no longer apply for Discretionary Leave as this was removed in the new regulations introduced on the 9th July. Seek legal advice on what options you now have.

Sorry so what is the initial 2.5 years? and i have read in few places and that discretionary is replaced by something but its pretty much there. My legal advisors suggested DL too, However i have called them today to get an update on this..

What abt Article 8? what application can be made based on that?

pradz45 · Post by **pradz45** » Tue Aug 14, 2012 1:36 pm

http://www.ukba.homeoffice.gov.uk/sitec ... family-mig

is this the change we are talking about ?
doesnt mention discretionary anywhere.

Can someone please post a link where it says so.

Post by **Casa** » Tue Aug 14, 2012 2:28 pm

This is the relevant passage from the new regulations:
The link you're looking for is this...point 15.
http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

'A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary leave outside the rules on Article 8 grounds. A grant of Discretionary leave provides automatic access to public funds and places the person in a better position than those who meet the rules. In future, if they do not qualify for leave under the rules, or for leave outside the rules on a genuinely exceptional basis, they will not receive any form of leave and will be expected to leave the UK.'

Your solicitor should be aware of the new rules.

pradz45 · Post by **pradz45** » Tue Aug 14, 2012 2:49 pm

thanks alot for the link.
i wasnt told any of it by my advisors.
i was told to send them a few documents and was still under the impression of applying for a DL.
any idea how else to go about this situation.

Post by **Casa** » Tue Aug 14, 2012 5:28 pm

I'm not legally qualified, but I believe you need to make an application on form FLR(0) under the rules. When this is refused you may then be granted 2.5 years on a 10 year route to permanent residency. Your solicitor should be able to advise whether your personal situation, i.e marriage, will strengthen your application.

diggingdeep · Post by **diggingdeep** » Wed Aug 15, 2012 10:55 am

Yes DL is abolished but there are exceptions. You can still apply for DL under private life route point 60. Read same document mention before by casa but point 60 under private life title. See if you qualify under any of these route below.

60.The Immigration Rules will provide that, for leave to remain on the basis of private life in the UK, the applicant must:
-
have resided continuously in the UK for at least 20 years (discounting any period of imprisonment, in this and other cases); or
-
be under the age of 18 years and have resided continuously in the UK for at least seven years; or
-
be aged 18 years or above but under 25 years and have spent at least half their life residing continuously in the UK; or
-
be aged 18 years or above, have resided continuously in the UK for less than 20 years but have no social, cultural or family ties with their country of origin.
61.
An applicant for leave to remain in the UK on the basis of private life must apply on the correct form and pay the relevant application fee. If they qualify, they will enter a 10 year route to settlement, consisting of four periods of 30 months’ leave to remain, plus a fifth application for indefinite leave to remain, if they qualify for it. Once on the route, applicants will have to make an application, on the correct form and paying the relevant application.

pradz45 · Post by **pradz45** » Wed Aug 15, 2012 1:41 pm

thank you for all ur help.
If applied under the new immigration rules then the discretionary doesnt apply.

Post by **Greenie** » Thu Aug 16, 2012 10:26 am

Discretionary leave will no longer be granted on article 8 grounds anymore so i am not quite sure what your advisors are referring to.

What family life do you have here and what is the immigration status of your family members?

pradz45 · Post by **pradz45** » Thu Aug 16, 2012 11:35 am

well they confirmed that the change doesnt apply to me.

Post by **MPH80** » Thu Aug 16, 2012 12:34 pm

I wonder if these are the same advisors who recently told someone that 3 months of bank statements are fine, when the rules clearly say 6.

(http://www.immigrationboards.com/viewto ... highlight=)

Or the ones who told this chap (http://www.immigrationboards.com/viewtopic.php?t=110864) that a business plan would be counted as part of the application - when the evidence is laid out clearly and a business plan isn't accepted.

Advisors can be wrong.

M.

pradz45 · Post by **pradz45** » Thu Aug 16, 2012 1:05 pm

not sure who the advisor was

newlight1 · Post by **newlight1** » Sat Sep 01, 2012 3:49 am

Casa wrote:I'm not legally qualified, but I believe you need to make an application on form FLR(0) under the rules. When this is refused you may then be granted 2.5 years on a 10 year route to permanent residency. Your solicitor should be able to advise whether your personal situation, i.e marriage, will strengthen your application.

Very interesting, this is purely out of interest and to help others who want to know but what happens to a Spouse who came to the UK on a Fiancée visa under the NEW RULES if they were unable to meet the financial requirement on FLR now? ie if a sponsor met the financial requirement of £18,600 for the initial finance visa BUT the couple can not meet the financial requirement of £18,600 at FLR ie they lose their job etc what would happen to them? Would the Non EU National be deported if they couldn't meet the £18,600 requirement upon FLR? Would they have a chance to appeal and f they lost, then the spouse be deported?

Post by **Greenie** » Sat Sep 01, 2012 4:05 am

If they didn't meet the financial requirements then they would consider whether they qualify for leave under the 10 year family route instead (essentially whether it would breach their article 8 rights not to grant them further leave)

newlight1 · Post by **newlight1** » Sat Sep 01, 2012 4:12 am

Greenie wrote:If they didn't meet the financial requirements then they would consider whether they qualify for leave under the 10 year family route instead (essentially whether it would breach their article 8 rights not to grant them further leave)

Interesting, I would have thought anyone who has their spouse here in the UK would have had their Article 8 rights breached if they were removed? So there's no guarantee then that if a spouse could not meet the Financial requirement in the FLR that they would get the 10 year Family route and that they wouldn't be deported then?

It looks like DLR is now abolished for NON EU SPouses below? or am I reading this correctly?

A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary Leave outside the rules on Article 8 grounds. A grant of Discretionary Leave provides automatic access to public funds and places the person in a better position than those who meet the rules. In future, if they do not qualify for leave under the rules, or for leave outside the rules on a genuinely exceptional basis, they will not receive any form of leave and will be expected to leave the UK.

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

Page 6 Ch 15

Post by **Greenie** » Sat Sep 01, 2012 4:23 am

If you read the rest of this thread you will see that this was the subject of the discussion and the quote you have pasted was already quoted by Casa.

newlight1 · Post by **newlight1** » Sat Sep 01, 2012 4:29 am

Greenie wrote:If you read the rest of this thread you will see that this was the subject of the discussion and the quoted you have pasted was already quoted by Casa

Yes, I see. So basically if a spouse was refused FLR now they would fall under the 10 year family route not DLR now right?

What about someone who applied for a Spouse or Fiancée visa before these changes were made to DLR and they were denied FLR? Would they beable to apply for DLR as that was what was in place before the changes on July 9th?

So for new applicants there is no guarantee they will get the 10 year route if they were refused FLR right? We haven't seen any cases yet have we of people being refused FLR but getting the 10 year family route have we?

alooma2 · Post by **alooma2** » Sat Oct 20, 2012 6:12 am

THEY WILL STILL BE ISSUED DL AS THE OLD RULES STILL APPLIES TO THEM

Post by **Greenie** » Sat Oct 20, 2012 7:39 am

No they won't. It is only if they have already been granted DL that they will be granted further DL. A person who applied for leave under the pre 9 July rules will not be grantedDL any longer, if appropriate they will be granted leave under the 10 year family life route instead.

alooma2 · Post by **alooma2** » Tue Oct 23, 2012 6:26 am

mr greenie,can u show this forum where u got this info from????

Post by **Greenie** » Tue Oct 23, 2012 9:30 am

A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary Leave outside the rules on Article 8 grounds. A grant of Discretionary Leave provides automatic access to public funds and places the person in a better position than those who meet the rules. In future, if they do not qualify for leave under the rules, or for leave outside the rules on a genuinely exceptional basis, they will not receive any form of leave and will be expected to leave the UK.

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

alooma2 · Post by **alooma2** » Tue Oct 23, 2012 9:55 pm

I think you are contradicting yourself Mr Greene......that statement it for application which where made after July 9th.if you must know,A friend of mine was issued with 3yrs DL,2MONTHS EARLIER.....

Post by **Greenie** » Tue Oct 23, 2012 10:47 pm

Read paragraph 133. See this thread for an example of this in practice.

Without knowing anything about your friends circumstances it is impossible to comment on why discretionary leave was granted.

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

Discretionary leave help

Discretionary leave help

DLR