New rules apply in old application?

[shankar7]

I forwarded my ILR application in Sept. 2012, but new rules that might affect my application came in December 2012. Do these changes apply in my application?

Or the applications are processed in accordance with the rules during the time of aplication? (but not during the time of making decision)

Thanks.

Shankar

[wpilr_nov12]

If new rules are applied to pre-new rule applications, the old applications will have met the 'qualification requirements' of new rule. Only requirement not met will be 'documentation'. Normally UKBA will ask you to supply those documents at some stage.

If you know which documents/information was not required per previous rule, but is now required, you could still submit those with a cover letter with clarification and reason about why you are sending it now.

[cs95tdg]

I do not know which category the OP has applied for ILR under. However I stumbled upon the following statement under IND Tier 1 Settlement Guidance. The statement is related to the continuous residence requirement & absences for T1G, and appears to indicate that the new rules (for continuous residence evidence) will not apply to applications received prior to but decided after Dec 13th.

6.3 Continuous period of five years
From 13th December 2012, UK Border Agency requires Tier 1 (General) migrants to provide evidence of all absences from the UK during the continuous period that were due to compelling or compassionate reasons. This applies to applications received on or after this date and not to considerations of cases received prior to but decided after 13th December 2012.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Information on how to calculate whether an applicant meets the continuous leave requirement can be found in modernised guidance ILR-Calculating the continuous period

[wpilr_nov12]

Thanks CSTDG, that is a very useful link.