Obtaining Limited Leave To Remain On Grounds Of Private Life!
Are you under 25, spent not less than half your life continuously resident in the UK (no imprisonment)
Under 18 and have lived in the UK for at least 7 years (No imprisonment)
18 years or above, have lived continuously in the UK for less than 20 years (no imprisonment), no longer any ties with country of origin.
Read below (1 through 3) very carefully and if you think you might benefit, consult a solicitor immediately with a view to making an application for Limited Leave to remain.
Applicants who are successful will be granted Limited Leave to remain on the grounds of private life in the UK for a period not exceeding 30 months provided that the Secretary of State is satisfied that the requirements in paragraph 276ADE are met.
Please note: 'No-Deportations' will not respond to any queries on this message, it is for information only
1) Long residence (Para 276ADE : Clayton: Immigration and Asylum Law 5e Update: August 2012)
The omnibus edition of new rules which came into effect on 9 July 2012 included radical changes to the long residence rules. The 10 year rule remains untouched, but the 14 year rule has been abolished.
In its place is a rule concerning leave to remain on the grounds of private life (para 276ADE). The requirements for this are met when the applicant does not fall for refusal under any of the general grounds that their presence is not conducive to the public good, and
(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment);
or
(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment);
or
(v) is aged 18 years or above and under 25 years and has spent at least half of his life residing continuously in the UK (discounting any period of imprisonment); or
(vi) is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK.
Chapter 7: Crossing the border and leave to remain
2) Long residence in the United Kingdom
276A. For the purposes of paragraphs 276B to 276D and 276ADE and 399A. (a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:
(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
(iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
(iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
(v) has spent a total of more than 18 months absent from the United Kingdom during the period in question. (b) "lawful residence" means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain; or
(ii) temporary admission within section 11 of the 1971 Act where leave to enter or remain is subsequently granted; or
(iii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
(c) 'lived continuously' and 'living continuously' mean 'continuous residence', except that paragraph 276A(a)(iv) shall not apply.
Source for this part of posting here . . . .
3) Requirements to be met by an applicant for leave to remain on the grounds of private life
276ADE. The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:
(i) does not fall for refusal under any of the grounds in Section S-LTR 1.2 to S-LTR 2.3. and S-LTR.3.1. in Appendix FM; and
(ii) DELETED.
(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or
(v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
(vi) is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK.
Leave to remain on the grounds of private life in the UK
276BE. Limited leave to remain on the grounds of private life in the UK may be granted for a period not exceeding 30 months provided that the Secretary of State is satisfied that the requirements in paragraph 276ADE are met or, in respect of the requirements in paragraph 276ADE(iv) and (v), were met in a previous application which led to a grant of limited leave to remain under paragraph 276BE. Such leave shall be given subject to such conditions as the Secretary of State deems appropriate.
Refusal of limited leave to remain on the grounds of private life in the UK
276CE. Limited leave to remain on the grounds of private life in the UK is to be refused if the Secretary of State is not satisfied that the requirements in paragraph 276ADE are met.
Requirements for indefinite leave to remain on the grounds of private life in the UK
276DE. The requirements to be met for the grant of indefinite leave to remain on the grounds of private life in the UK are that:
(a) the applicant has been in the UK with continuous leave on the grounds of private life for a period of at least 120 months.This continuous leave will disregard any period of overstaying between periods of leave on the grounds of private life where the application was made no later than 28 days after the expiry of the previous leave. Any period pending the determination of the application will also be disregarded;
(b) the applicant meets the requirements of paragraph 276ADE;
(c) the applicant does not fall for refusal under any of the grounds in Section S-ILR: Suitability-indefinite leave to remain in Appendix FM;
(d) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the UK unless the applicant is under the age of 18 or aged 65 or over at the time the applicant makes the application; and
(e) there are no reasons why it would be undesirable to grant the applicant indefinite leave to remain based on the applicant's conduct, character or associations or because the applicant represents a threat to national security.
Indefinite leave to remain on the grounds of private life in the UK
276DF. Indefinite leave to remain on the grounds of private life in the UK may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 276DE is met.
276DG. If the applicant does not meet the requirements for indefinite leave to remain on the grounds of private life in the UK only for one or both of the following reasons-
(a) paragraph S-ILR.1.5. or S-ILR.1.6. in Appendix FM applies;
(b) the applicant has not met the requirements of paragraphs 33B to 33G of these Rules,
the applicant may be granted further limited leave to remain on the grounds of private life in the UK for a period not exceeding 30 months, and subject to such conditions as the Secretary of State deems appropriate.
Refusal of indefinite leave to remain on the grounds of private life in the UK
276DH. Indefinite leave to remain on the grounds of private life in the UK is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276DE is met, subject to paragraph 276DG.
Source for this part of posting here . . . . |
Britain Needs Its Immigrants
This newspaper starts from the premise that the free movement of people is a good thing. We therefore welcome the immigrants who have come here since 1998, when net immigration exceeded 100,000 for the first time, and since when it has remained above that annual level. Just as we welcomed Ð mostly in principle, because The Independent on Sunday was founded only in 1990 Ð immigration at lower levels before then.
All nations consist of peoples who once moved from somewhere else, but we citizens of the United Kingdom are particularly aware of this, not having a simple national name for ourselves. "British" is a fairly recent invention, and even "English" reminds us that the Angles came with the Saxons from Germany.
Read more: Leader, Independent, Sunday 30 December 2012
Agnes Nemakonde, Deported From Scotland Dies in Kenyan Prison
A Zimbabwean at the centre of a deportation ordeal that led to her detention at airports in five countries has died.
Nemakonde was deported from Scotland last year and since then, has been detained in Zimbabwe, Malawi, South Africa and Kenya.
In Kenya she was detained in Lang'ata Women's Prison where she fell ill and was admitted to the Kenyatta National Hospital (KNH), where she died, cause of death as yet unknown.
http://www.newsday.co.zw/2012/12/20/zimbabwean-dies-in-kenyan-jail/
ILPA's Information Service Immigration Updates 51
Provides information of interest in immigration, asylum and nationality law, policy and practice, and is designed for non-lawyers (although many lawyers also use the information). Updates set out on one page a very short note of recent developments. Information Sheets set out on two pages some more detailed information on a specific issue.
21 December 2012 / Update 51
Statement of Changes in Immigration Rules HC 760
Family Migration
Legacy Cases
Concession for Syrian Cases
Changes to the Requirements for Biometric Permits
http://www.ilpa.org.uk/pages/info-service.html
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