What is paragraph 353 of the immigration Rules?

What is paragraph 353 of the immigration Rules?

The immigration rules say that “An applicant who has made further submissions [to be considered as a fresh claim] shall not be removed before the Secretary of State has considered the submissions under paragraph 353 [the fresh claim legal test] or otherwise.” But submitting further evidence does not mean you are safe.

What is paragraph 39E immigration rules?

Paragraph 39E is an exception specifically for overstayers which allows a single 14-day period of overstaying to be disregarded, as demonstrated above. It does not, however, extend an applicant’s Section 3C leave, even if a single period of overstaying has been disregarded by the Home Office.

Can I apply for ILR after 3 years discretionary leave?

You can apply for Indefinite Leave to Remain (ILR) upon completion of 6 years under the Discretionary Leave (initial 3 years + 3 years extension). An application for ILR under 6 years route of Discretionary Leave is made either using application form SET (O) or FLR (DL).

What is the 10 year route?

What is the 10-year Route? The 10-year route, by contrast, refers to applications made under the FLR (FP) category as a Spouse/Partner or Parent of a British citizen/person with settled status, asking for them to be considered under the Exception paragraph (EX. 1).

What is a fresh claim asylum?

A fresh claim for asylum refers to a situation whereby an asylum seeker has had their appeal heard and dismissed, but new evidence has since come to light and is pertinent to the case. There must also be evidence that the evidence would result in a realistic prospect of success.

How long can I stay outside the UK with leave to enter?

You are allowed to spend time outside of the UK so long as these periods of absence do not exceed 6 months at any one time. It does not matter how much time you spend outside of the UK in total during the required 5-year continuous residence period provided you return each time after a maximum of 6 months.

Is leave to enter permanent residence?

Indefinite Leave to Remain (“ILR”) or Indefinite Leave to Enter (“ILE”), also referred to as settlement or permanent residence, are types of immigration status in the UK which mean there is no longer a time limit on a person’s ability to stay in the UK.

Can I apply for ILR after 2.5 years?

If you have lived in the UK on a spouse visa for a certain period of time and your visa is about to expire, you can apply to have your spouse visa extended for another 2.5 years. You can also be qualified to apply for a British citizenship as an ILR holder, as long as you meet up with the conditions attached.

Can I apply for ILR after 6 years?

We can assist you in applying for UK Settlement Visa or ILR on the basis of Discretionary Leave, if you have spent six years under the discretionary leave to remain in the UK.

How do I get ILR after 5 years?

You can apply for ILR as a spouse under 5 years route by completing application form SET (M) online. You can apply for ILR as a spouse under 5 year within 28 days before completion of 5 years residence with leave to remain as a spouse under 5 years route.

When does paragraph 353B of the immigration rules apply?

Paragraph 353B of the Immigration Rules sets out when exceptional circumstances should be considered. Paragraph 353B does not apply where the person is liable to deportation.

When does paragraph 353B apply in an asylum case?

Paragraph 353B applies where further submissions have been made and the decision maker has established whether or not they amount to a fresh claim under paragraph 353 of the Rules, or in cases with no outstanding further submissions whose appeal rights have been exhausted and which are subject to a review.

What does paragraph 353B of the Home Office guidance mean?

Where further submissions on asylum or human rights grounds (in non-deportation cases) are refused, paragraph 353B requires Home Office caseworkers to consider whether exceptional circumstances prevent removal. The relevant Home Office Guidance in considering paragraph 353B is Chapter 53 of the Enforcement Instructions and guidance (EIG).

When is a human rights claim withdrawn under paragraph 333c?

When a human rights or protection claim has been refused or withdrawn or treated as withdrawn under paragraph 333C of these Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and, if rejected, will then determine whether they amount to a fresh claim.