11.12.08
UK immigration drops ‘7 year child concession’
Children younger than seven might now have a stronger case to argue
‘The United Kingdom Border Agency is withdrawing DP5/96, a concession which has also been referred to as the seven year child concession, as of 9 December 2008.’ – Phil Woolas, Minister for Borders and Immigration
As many people already know DP5/96 protected the rights of children born and/ or living in the UK continuously for at least 7 years.
It meant the child and parents could not be deported to the parents original country, as in most cases, it would be a traumatic and unfamiliar experience.
Effective immediately is the decision not to support visa applications relying on a DP5/96.
Is this a good or bad decision?
Removals will still be able to be challenged under Article 8 of the Human Rights Act which takes into consideration the decisions in the cases of Beoku-Betts (FC) (Appellant) v Secretary of State for the Home Department.
The withdrawal of 5/96 is due to changes in UK immigration rules and the Human Rights Act 1998, which appear to have superceded the rules of 5/96.
Children who have spent less than seven years in the UK might now have a case to argue as long as strong, documented evidence is produced to support an application.
Are you affected by the seven year child concession?
Were you relying on 5/96 for your indefinite leave to remain? Do you have children born in the UK younger than 7?
Leave your comments below.
Published by Gareth McConnell Global Visas in UK immigration, UK immigration: 7 year child concession
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December 11th, 2008 at 4:29 pm
I had made my application for ILR under the seven year child concession in June 2008. I haven’t heard anything from the home office apart from the acknowledgement of my application. Where then do I stand now that the concession has been withdrawn?
December 11th, 2008 at 4:46 pm
It’s my understanding applications made before 9 December will not be affected so I’m confident your application will be ok. If you’re worried and want more reassurance try and talk to someone at the Home Office or check out ilpa.org.uk
December 11th, 2008 at 11:35 pm
I have got an article 3 application since 2006, and my wife and three children are my depandents. The H/O people sent my application to the family team. My eldest child will be 8yrs in july but 7yrs in the UK in june and the ssecond born here(UK) will be six in march and third 4yrs in august.
Do you think the 7rs concession and any other compassionate grounds would be applied to my case
December 12th, 2008 at 3:15 pm
Article 3 applications aren’t something we deal in but I would think they would take the 7 year child concession and MORE into consideration, including Human Rights laws and proof of contributing to society, supporting yourselves, paying taxes, helping your local community etc.
Because Article 3 cases are studied on individual merits and are quite unique, they require a lot more time and effort from all parties concerned, I think you just need to be patient and hang in there.
The fact you and your wife have a young family born in UK, as well as your eldest who’s been here over 7 years, and are settled and integrated into society… this would all help an application.
December 12th, 2008 at 6:19 pm
Can anyone explain the differences between the below statement and their so call new law to all people.
Thanks.
uKs Amended Immigration Rights for Children Praised
24/09/2008 by Charlotte Norman
The UK government and Border and Immigration Agency (BIA) have received great praise from a number of children’s charities with regards to plans to amend immigration rights for children entering the UK.
Under new rules children seeking asylum and those who have been trafficked into the UK are to receive the same rights to education, health and support services as British children.
The current law regarding child migration has meant that the children of illegal immigrants are to be detained. However the new legislation will see the UK Government grant child migrants the same rights as children who were born in the UK, even if they do not have a UK visa.
This action has been hailed as a major breakthrough, particularly from UNICEF as it represents a reversal of previous government policy.
The announcement follows a six-month Home Office review of the general reservation on immigration and citizenship to the UN Convention on the Rights of the Child (CRC).
Following the emergence of statistics which have shown the UK’s immigration numbers grow profusely, to the extent where the UK will become the largest European population within a matter of years. Immigration has been a heated topic which has faced criticism from all sections of society.
The UK has famously in recent months introduced a number of new measures to protect its borders. A pilot scheme using advanced technology is already in action, whilst the new Tier1 visa system now requires employees to obtain licences prior to employing overseas workers.
This aside, the rights of the child have come under heavy debate with regards to immigration and citizenship. Once fully introduced the new laws are expected to give the children of immigrants the same rights as a UK child citizen.
Speaking of the new rules UK Home Secretary, Jacqui Smith said, “We want every child to be as safe and secure as possible. While the lifting of the immigration reservation does not mean that every child who comes to the UK will be entitled to remain, it does signal our commitment to treat children in the UK immigration system with compassion.”
December 12th, 2008 at 7:58 pm
Hi i was going to apply on12-12-08 under the child policy DP5/96 i came to know that the policy has been withdrawn ,I don’t know whether i can apply under Human ground for ILR.I got my family here ,my son is 9 years and my daughter is 16.please guide me if u can.
December 13th, 2008 at 12:27 pm
Thanks for the wisdom given to me. The problem is the Home Office has issued us with IS35 though the appliation has not received a deccision yet. They are trying to get ETD from my embassy that is after we speak to them when they make a phone call soon.
As stated in my first communication, do you think they want to remove us from the UK.
What right do we have under this circumstances when there is no decision and Biodaa Info and IS35 is issued.
Though my wife and children are my dependants, they acually havent got application with the home office. If my fails would be able to make an application and i being their dependants.
Thanks
December 15th, 2008 at 5:17 pm
Thanks for your comments folks, sorry I can’t give advice on peoples applications concerning this issue, like I say I’m not an expert in this field or human rights and without knowing all the circumstances it’s difficult to say.
What I’m trying to encourage here is a debate on your experiences and then maybe you can answer each others questions.
December 20th, 2008 at 7:52 pm
Hey
I am really worried now, I have in UK since 1999. Now i have Boy of 31 months and girl of 16 months. I was really relying on this concession. I am not sure what to do now. Can some one please advise me..thanks
December 22nd, 2008 at 1:56 pm
about the child conseccion rule or DP5/96 which has withdrawn by home office on 9th Dec 2008.but if a child born before that date can they apply for concession rule or any other ground ??
December 23rd, 2008 at 7:15 pm
hi, haven’t ,made my application yet but i did send a letter from my local mp to the Mp Lyam Byrne who was the minister before woolas, and i had a reply that i should send my application with the correct fee. does that mean i still have a chance?
if you could help me and tell me what you fink i should do.
January 2nd, 2009 at 8:50 pm
Hi, haven;t, made my application yet, we that have a two years baby born here in the uk and a six and four year brought into uk and already going to school here. Does that means we are in a deep mess. Please can you explain how to go about it or what to do. We are good law abiding citizen.
January 4th, 2009 at 1:02 am
hi, i’m a young guy with two children born here in the uk age,4years and 18month old ,a boy and a girl and i have been leaving in the uk since 1999,i ;m been affected with this decision please i will like to know the next step to take .since i have not gotten any application with the home office.thanks
January 7th, 2009 at 7:24 pm
hi my child born here he would be 7 in 3 weeks time and one is 18 months so what advice can you give me please, should i still send my application to the home office?
January 8th, 2009 at 12:03 am
Hi,im a bit concern about the decision that have been made.i have two children who were born in this country one who will be 7yrs in july of this year and 3 in august.the older one suffers from A.D.HD,would this in anyway be of relivancey in helping making an application to the home office,and if so how good of an alpplication would be.hope to get an answer thanks!
January 8th, 2009 at 9:31 am
hi my child born here and is now 7 in 2 weeks time should i still send a application form to the home office?
January 9th, 2009 at 9:46 pm
Hi there, I really have to ask you something and wondering if you could help me. Our family arrived in the U.K in 2002 and we received ILR for 1 year and then we havent got a reply from them 4 6years and we were hoping for the 7 year rule as my sister is 15 but that rule has been taken away now. I am currently a student and have to go on a year abroad next year to Germany and Spain and don’t want my studies being affected. Is there any way you can advise me?
Thanks
January 11th, 2009 at 8:58 pm
hello
i am worried to know that DP5/96 withdrwn. I am student I have 3 dependant children one is 14(year Nine); 2nd one 9(year 4) and little one 4(who born in uk)(Reception. 7th Feb will be our 7 years in UK. We are planning to apply for permanant status do u think we have any hope?
January 12th, 2009 at 12:52 pm
Thanks for all your comments people.
Based on everyones questions and concerns I’ve put together some information I found on how the UK Border Agency approach individual cases relating to visa applications concerning children.
In all cases involving children the following must be established and reported to the relevant casework section:
• The child’s age,
• Ties with the natural parent, how often children see their natural parent, whether any maintenance is paid towards the children’s upkeep,
• Whether the children could easily adopt to a life abroad, whether such a move would cause hardship or put their health at risk,
• Whether the children have the right of abode; the nationality of the children.
For visa applications involving people and children who do not meet long residence requirements the longer a person has lived in the UK, the stronger their ties with the UK will be. This will help your UK visa application.
However, more weight should be attached to the length of time a child has spent in the UK compared to an adult.
Time spent whilst waiting for an in-time application to be resolved or where residence has built because of delay or administration error by the Home Office, should be regarded more favourably than time spent in the UK illegally. Delay alone will not justify granting leave to remain, but it is a factor caseworkers should take into account.
When considering delays in visa applications caseworkers should take into account if the claimant:
• has a visa application outstanding for over 2 years, and
• has not received a decision from the UK Border Agency during the time, and
• has been making progress enquiries during that time, and
• in the meantime, the delay has meant that they have built up significant private or family life or if the delay has resulted in considerable hardship, for example children who have been established in school over a period of years because of UK Border Agency delay in dealing with families’ applications.
UK immigration will take into account the visa applicants personal history, including character, conduct and employment record.
Regard will also be given to any criminal activity the person, or any dependents, liable to removal action have been involved in.
It will be relevant to consider whether a person has maintained contact with the UK Border Agency, as required, and has been actively pressing for resolution of his/ her immigration status.
Similarly, a person’s lawful employment history and how they have supported themselves and/or their family during their stay in the UK will form part of the consideration.
UK visa applications will be considered on strength of connections to the UK, including family ties, marriage and civil partnerships and other connections such as business or lawful employment.
In cases where a person has spent their formative years in the UK, consideration must be given to whether they have adapted to life in the UK and/or whether they can adapt to life outside the UK.
In addition, the Home Office must take into account the impact of deportation of a person on their spouses and children.
When a person is married, in a civil partnership or a relationship akin to marriage with a person lawfully resident in the UK, a genuine and subsisting relationship will create further ties with the UK. In this regard, reference should be made to Proportionality in the Asylum Policy Instruction (API).
Domestic circumstances including housing, tenancy and ownership, whether they or their children are in education, whether anyone in the UK relies on physical, financial or emotional support all increase strength of ties between a person and the UK and are weighed against any adverse effects.
Additional factors including whether the visa applicant can maintain himself/herself and any children without the need for public funds for the foreseeable future shoudl be taken into account.
In the case of a child of school age, the effect of removal on a child’s education must also be considered, the practicality of plans for the child’s care and maintenance in the UK if one or both parents are removed, and any representations made on behalf of the spouse and child.
Compassionate circumstances such as ill-health, medical treatment, the inability of a person to look after himself/herself, and reliance upon persons resident in the UK must also be taken into account.
What should you do now?
My advice is to go through the points and start writing down your strengths, listing everything you can think of that will help your visa application.
Start with your child’s age, how long your child has been here, your ties to the UK – list you or your child’s schools, list the lawful jobs, including voluntary work, you have had and the family members you have living in the UK.
Write down how you are involved in the community and how you have supported yourself, your spouse and children. You might be surprised at how extensive your list will be and in the end it will help your visa application.
I hope this helps.
January 14th, 2009 at 7:27 pm
i applied on the IGS from a student visa which was ending in November. i have a wife who is permenantly employed for the last eight years. i have two sons under 18 who are in compulsory education for the last 8 years. what should i do if i am refused the visa. I am the homeowner as well.
January 16th, 2009 at 12:44 am
Hello
I don’t have any status as i,have my asylum was refused in 2001. I have a son who was born is 7 nearly eight years but with DP/96 withdraw which chances do I have wright now. Advice me please
January 16th, 2009 at 7:05 pm
hi .my daughter is 7 years old in february 09 and shes born in uk .im claiming assylum for last eight years.and im under national assylum support servise.i still didnt recieve legacy form.can i apply for 7 years concession.?please kindly reply.thank you
January 17th, 2009 at 1:00 am
q knan – There are few alternatives but again would need more info such as:
- Was your IGS refused? If so what were the reasons?
- Do you/ or your wife have a degree? If so where from?
- How much have you or your wife earned in the last 12 months?
On the basis of the answers we could look at Tier 1 or sponsorship visa for you.
Jenifer – do you understand what I wrote at number 19? Basically if your son has been here all his life they can not remove him, it would be unfair to him and to you, what you need to do is keep talking to the Home Office about getting permanent residence, get involved in the community, do voluntary jobs and show that you can work and want to be a part of the country.
faz – has your daughter been out of the country for a long time since she was born or has she always been here? I don’t know much about national asylum support service or legacy form. You cannot apply for 7 years concession because the government have stopped that now but if your child has been here for most of her life then by the rules it would be wrong for them to remove you.
January 19th, 2009 at 2:33 pm
hi Gareth, I am mum of 2 boys born in the uk, my oldest is 5years and 2 months, my second is 3 1/2, , i overstayed my visa 6years go me and my husband, We never stoped working, we had only free kids medecine for the rest we pay everything even school diners,we work realy hard, i did more than 1 year voluntary job in a charity schop, and i am working now, withdrawing DP5/96 concession is realy depressing us, what next? do we need to wait for more time? is it enough 5 years to apply? i just feel i cant wait more thant that? need help and advice. thank you
January 20th, 2009 at 12:18 am
I am a Non EEA national dependent on my EEA cousin,i have applied for EEA family permit and the home office has required evidence of relationship which we have provided,but we have not lived together in an EEA state before now except back home in Africa and here in the uk.Will my not living together in EEA state affect my application for EEA family permit?Even though i came to the UK on a valid visa and seek asylum which i have not gotten a decision and my asylum application is 1 year old
January 20th, 2009 at 6:38 pm
hi, is about the DP/96 “the seven year child concession”, i checked with 3 lawyers already since the 8 of december and i been told to wait until my oldest son 5 years now to be older???? how old? seven? what the best way? we are natural parents, it’s imposible for my kids to adopt to a life abroad “algeria”, that will be more than hardship, we don’t have any criminal activity, we got lawful employment, realy decent history, university, voluntary work, supported our self the last 6 years, but no one is encouraging us to register with the HO. Do we need realy to wait …..?
January 29th, 2009 at 12:42 am
HI Gareth, I have a daughter 20 months old, we are overstayers from SBS visa for 5 years now. we are working and keep paying taxes. Is there any qualification for us to grant ILR ?? I need advise please.
January 29th, 2009 at 12:01 pm
I came to UK as a student in 2001 and my family joined me here as student dependent in Feb. 2002. My little girl started her education here in Britain and the boy was in year three. We have lived in UK Past 7years. Do we still qualify for the 7years concession status?
January 29th, 2009 at 3:01 pm
Hi jon, are you from an EU member state – I thought the SBS work permit scheme was only open to Bulgarian and Romanian nationals?? Where are you from?
Hi george, nobody qualifies for the 7 years concession status anymore, it’s been deleted. What the Home Office do is evaluate individual cases based on what I’ve written in point 19 above and again here so like I’ve said, they’ll look at individual cases and take into account how old your children are, how long they have lived in the UK, if indeed they were born here and have the right to live here, whether deporting children would have a bad effect on them… read number 19, only you know the answers.
January 29th, 2009 at 3:24 pm
hi orchidee, sorry for not getting back sooner. Like I said above to george, the home office look at these cases on an individual basis, it’s not like they can come up with an answer overnight, decisions like this can take years.
I’ve sumarised the guidelines from the Home Office at number 19, have a read and decide yourself. What I would say though is, if you’ve been told by 3 lawyers since 8 of Dec to wait then you should listen to their advice.
January 29th, 2009 at 10:07 pm
Hello Gareth you dont seem to have read no 25 Bolaji wrote,please can you give a response to that i am anxiuosly waiting to read your reply
February 5th, 2009 at 11:16 pm
hello, I have been here 1 year an a half and with me my 2 kids , I came with my husband’ he have bisenice visa , my visa is expired but my husband not yet ,,,what can I do now ?? I was thinking to wait until my kids ingrate, my oldest one start school but now the situation is worse what can I do please give advise
February 6th, 2009 at 3:44 pm
Hi sam, without knowing what type of visa and its expiry date it’s difficult to answer your question. You cannot have dependents on a business visa as you probably know so you need to give me more info.
February 6th, 2009 at 4:07 pm
Bolaji, big apology for not getting back earlier. The fact you and your cousin did not live together in an EU state should not be an issue as long as you can prove that you have been living at the same address since arriving in the UK.
There might be questions regarding the type of dependency existing between you but this is assessed on case by case basis at the HO.
It really boils down to how good your UK visa application is.
February 6th, 2009 at 9:10 pm
I believe this law should not affect children borned to family on or before December 2008.I got two children age three years and three months and one year and three months respectively.what going to be my faith and others in my situation, thanks.
February 7th, 2009 at 12:50 pm
Hello Gereth, Thanks for the advice on 19 in respect of alternative of 7 years concession matters. Would you explain what does it mean by any reopresentation made by on behalf of spouce and children? Who can be such people?
Is it advisable to apply at 6 and half years or would be better to do after 7 years?
Thanks a lot
February 7th, 2009 at 7:49 pm
Hi Gareth, thank you for replaying me ,I come with C-Visit Visa for 6 month and with this Visa I came without my kids just for 15 days after when I comeback to my country I did the same Visa to my kids after I came with them and from that time I’ve been here. Well my Visa expired on August 2007 and my kids visa expired on November 2007 and my older child started school on January 2008 , I thought I will benifite from the law of seven years child antgrate in UK and say to myself to wait until 2013 but now without this law I don’t know what can I do, my Husband always came to UK and have doing his business since 2000 , he started with 6 month C-visit Visa after had 2 years C-visit Visa after had 2 years and now have C-Visit of 5 years and his visa will expire on 2010,,,this is all the information well please Gareth did can we benifit from my husband visa ?if not what can we do ? I ask solisitor before and she told me I have to do an aplication but I’m fraid from this SURE they will not accept us.. can you give advice me Gereth please.
February 8th, 2009 at 12:30 am
53.6.1 DP5/96 (Seven Year Child Concession)
From the 09 December 2008 the discretionary enforcement policy DP5/96 (also known as the Seven Year Child Concession), is formally withdrawn. All cases involving families with dependant children with long residence will now be considered under the Immigration Rules and Article 8 of the European Convention on Human Rights (ECHR) pursuant to the Human Rights Act 1998.
Transitional arrangements
There are likely to be existing cases where DP5/96 will continue to apply despite its withdrawal. These types of cases are:
•
current appeal cases where the policy has already been applied (before its withdrawal) and rejected by UKBA and the appeal is either still pending with the Asylum and Immigration Tribunal (AIT) or has been allowed;
•
appeal cases where the policy was not applied by UKBA (before its withdrawal) and where the AIT directs UKBA to consider DP5/96 in the context of an allowed appeal
•
cases where UKBA are challenging an allowed appeal by either the AIT or an upper Court;
•
where UKBA have acknowledged in writing that they have received an application which relies on DP5/96;
•
enforcement cases where UKBA have initiated the process of considering DP5/96 prior to its withdrawal on 09 December 2008. **
** Examples of such circumstances are where a caseworker has already considered DP5/96 prior to its withdrawal or has written to the individual or the representative requesting further information / evidence in relation to the child’s length of residence.
Any information / evidence requested will need to be submitted within 28 days of the date of request, for the policy to continue to be applied to that case. The same factors contained within the withdrawn policy will still continue to apply when considering cases under DP5/96.
From the 09 December 2008 consideration under Article 8 of the ECHR and the Immigration Rules will also be given to any outstanding further representations against removal which cite the withdrawn policy (for example pursuant to paragraph 353 of the Immigration Rules) which have not yet been considered.6
February 8th, 2009 at 4:59 am
Hi Gareth, l need your advice on 7 years child concession which was cancel by Home office on 9/12/2008 what is going to be next step for a child born here in UK, what of the child born here in UK before this cancellation date does still go in to affect them because l have a baby of 7 mouth before this cancellation please advice me the next step to take.Thanks
February 8th, 2009 at 4:54 pm
Please advice me I am really worried, I have in UK since 2007. Now i have 6 months old baby girl, so am i have any chance to stay here.
I was really relying on this concession. I am not sure what to do now. Can some one please advise me..thanks
February 8th, 2009 at 5:41 pm
Hello gareth just came to know from one of friends that if you have stayed in this country for 10yrs have been abolished recently.Is it true or not?
February 9th, 2009 at 10:13 am
hi every body ,
just clear message that NO more 7 years policy.Only if children born in uk & stay 10 years.only then can apply for registration for UK citizenship.
7 years policy sill valid if follow 38 wrote by hasan.
February 9th, 2009 at 6:15 pm
hai icame in uk 2001 iwas 10years old my brother applied for parment stay since then inever hard anything iwant to know that do iqalife for parment stay in uk as a seven years perioed
February 10th, 2009 at 1:01 pm
i have completed LLM, GDL,BVC and stay more than 6.5 years. Now i am a student dependant for 1 year. my spouse have a part time job & i am volunteer in law centre. We have 50000 cash in hand.
can i apply for ilr for my two children who studying here for more than 6.5 years and doing excellent there.
February 10th, 2009 at 10:07 pm
i need some help
icame to the uk in 1996 and got married apply to the home office was turned down the appeal haven’t heard anything since. my marriege broke down in 2001 since in a relationship witha british national and got three kids ages 7yrs 5yrs and a baby want to get sorted dont know where to start so need some advice. as i have been taken to the cleaners by solicitors so far . can anyone give me some advive and pointers. thanks
February 11th, 2009 at 9:56 am
nish,
simply no.because the policy has been withdrawn,you are not illigel or have no deportation order.wait for ten years registration by citizenship if he/she born in the UK.
February 11th, 2009 at 4:59 pm
Hi dorothy, i would say representation on your behalf means your childrens teachers or members of your local community or employers or even your local member of parliament.
February 11th, 2009 at 5:10 pm
Hi sam, do you and your husband live together in the UK and is he flying in and out of the country on his UK business visas? To be blunt you can’t benefit from the business visa because that particular visa doesn’t allow dependents to live or work here and as you’ve outstayed your tourist visa it doesn’t look good. Maybe your husband could switch to another? Do you know which business visa he’s on?
February 11th, 2009 at 5:18 pm
Thanks to Hasan for leaving comments above, that also answers a lot of people questions
February 11th, 2009 at 5:40 pm
hi everybody ,
if you want any questions about 7 years cncession or DP5/96 please ask me.
Hi gareth.
Thank you.I know every single information with references about 7 year policy.
February 11th, 2009 at 5:49 pm
Thanks for joining in Hasan, feel free to answer mohammed sohail, nish and waynes comments above
February 12th, 2009 at 9:23 am
hi nash,
I think you got your reply if not clear please write .
Hi sohail,
where is your parents?or are you unaccompanised child? 7 years policy is family with child whose parents got deportation order or illegal in the uk.
Hi waynes,
It looks like your child already british cos ur partner British.They are not cover by 7 years policy.About you can apply for contact order from court. or next year you can apply for 14 rules.you will be succcess. good luck.
February 13th, 2009 at 9:12 am
Hello Gareth/Hassan
I would be grateful if you can advice if anaphylaxis(life threatning allegy) is sufficient to use in our application for ilr since my daugter is turninng 7 next week and my lawyer said i should still wait until she is exactly 7 years old
February 13th, 2009 at 12:07 pm
I’ve been on asylum for over a yr now with no decision. also have a 4yr old son and i was hoping to use the concession law.home office asked me for 5yr proof i’ve been living in this country which i complied. ever since, bo decision. assuming home office gives me no decision for how long, do i now have to wait till my child turns 10yrs? i NEED YOUR RESPONSE PLEASE GARETH
February 15th, 2009 at 10:30 am
Hi Janet,
simply No.because the policy has been withdrawn,but what is your immigration position in the UK?
HI olumide,
Waiting for your decision if refused apply for legecy & you will success.2nd how long your child lives in the UK & WHEN your child came to the UK.
February 15th, 2009 at 2:42 pm
Hello Hasan
My child is four years at the moment and he was born in the UK. also am a single parent without knowledge of the mothers whereabout. Sorry what did you mean by legecy?
February 15th, 2009 at 3:08 pm
hi my daughter is know 3years wht will i do i still send my application to home office
February 15th, 2009 at 4:12 pm
Hi Janet,
This is home office policy for fail asylum seeker.where r u from. I am not clear what kind application you applied.Is it domestice voilence?
February 15th, 2009 at 4:36 pm
Hallo i have a 2yr old daughter whose dad is british but we are not together and hhe has another family he pays child support for her tho,have been here since 1999 but my student visa application was turned down nov2007 and the appeal was refused i cannot take my girl back home cause my parents dont want to know,what advice do you have for me?
February 15th, 2009 at 5:55 pm
Hello Hasan, thanks for replying to my question, i am an overstayer clocking 14years soon but unfortunately my solicitor told me to apply 2yrs ago based on compassionate grounds that all my family are settled in this country but i was refused by the home office he did not include my son medical condition, we now have another solicitor and he advised we wait till our daughter is 7 and he will now include my son’s condition which cannot be managed in mali because we have been asked to leave the country.
February 15th, 2009 at 8:32 pm
Hassan could you pls give an insight into what you meant by legecy
February 16th, 2009 at 11:15 am
HI Olumide,
Simply legacy is the home office silent amenesty.pls contact with very good lawyer.you got very god chance.
janet
please show your all documents and explain expart lawyer,seems to very strong.
navdeep,
NO please cool down.
Lydia,
your daughter is British. please no worry contact immigration and family solicitor.
February 16th, 2009 at 2:44 pm
Lydia should worry.Daughter isn’t British if she hasn’t got a british passport.I know the situation but as a member of the ee It doesn’t matter to me.The dad needs to do the passport.The child takes the mother nationality if not married to the dad.
February 17th, 2009 at 10:33 am
Hi viki please read carefuly the British nationality regulation 2006 Citizenship by Descent from Father (Illegitimacy)& then advise to lydia.
February 17th, 2009 at 2:49 pm
Hi, Hassan/ Gareth,
pls I came into the UK March 2004 on c-visit visa, I have two kids who are born in the Uk the eldest 4yrs and 3mnths she attended a nursery at the moment, I have been reporting to the Immigration office somewhere in London for 3yrs nw, once in a month to sign on am not on any sort of benefit and I have been supporting myself with the help of families and friends, last week when I went to show up I was told to report to another immigration office next month who deals with family issues – Iam now really worried if Iam going to be removed from Uk with my kids now that the DP/96 has been withdrawn, next month will be my 5th year in the UK and with the age of my eldest daughter do I have any chance because I was rellying on the concession myself as so many others.
February 17th, 2009 at 6:41 pm
Hi rose,
Do u have any pending application?It is very hard but please contact with human right lawyers.
February 17th, 2009 at 7:59 pm
Hi, Would anybody let me know how I can make an application for ILR on based Children’s Human Rights as a overstayer.
I couldn’t find any form for a concession on HO website.
Can I use SET(O) form and tick OTHER PURPOSE OR REASON on SECTION 3 of SET(O)? If correct, what should I write in box given? Please help!
February 17th, 2009 at 8:50 pm
Rose, with this change in the law you don’t have any chance of relying on the 7 year child concession- nobody does, it’s gone and there’s no alternative. The children take your nationality – a c-visit visa or ‘tourist visa’ doesn’t bare well…
tkdgus, where can I find the SET(O)form – I will ask our advisors.
February 17th, 2009 at 10:32 pm
Thank you. The SET(O)form can be found on the HO website as a pdf format
http://www.bia.homeoffice.gov.uk/sitecontent/applicationforms/settlement/forset1108.pdf
I also have a similar case to Rose’s but its been 6 years for me and my son is 15. Because the 7 years concession was withdrawn, dont you agree that 6 years is about as good? Do you think there is a possibility?
February 17th, 2009 at 10:40 pm
Good evening Hasan.My friend has exactly the same problem and I had to deal with it myself.The child will be british when her dad apply for the passport.And if we ask Lydia I am sure she will tell us that her ex partner for whatever reason hasn’t done it.Its true Hassan a child born after the 30th april 2006 can be british but the father needs to apply for the passport.Also the passport can only be made if there is no evidence to suggest that it was done in the hope of gaining an immigration advantage.
Lydia needs to get the form mn1.
February 18th, 2009 at 11:11 am
Hi VIKI,
Cos her daughter 2 years old & belive she was born after the 30th april 2006.Through DNA immigration autority can find her father easily.
February 19th, 2009 at 12:29 am
Hi Gareth/Hasan, I really have to ask you something and wondering if you could help me. Our family arrived in the U.K in 2002 and we received ILR for 1 year and then we havent got a reply from them 4 6years and we were hoping for the 7 year rule as my sister is 15 but that rule has been taken away now. I am currently a student and have to go on a year abroad next year to Germany and Spain and don’t want my studies being affected. Is there any way you can advise me?
Thanks
February 20th, 2009 at 2:16 pm
hie guys
it is sad that the have withdrawn this concession, but which other ways one can sort out something similar? my daughter is going to be 7 in July.thanks
February 20th, 2009 at 6:26 pm
hy
my husband was here since 2000 he got a 5 years residence he got married with a european partener and he divorced after 2 years but he still work untill his residence was end in 2007 ‘i was here for 4 years we have a 3 years boy old and i am pregnent we consult a solicitor he said that he can’t do nothing for us untill our son will be 7
please can you give us more details about our case
many thanks
February 21st, 2009 at 11:05 am
rohit your question is not clear cos u wrote ILR Means indefinite leave to remain means your family sattle in the uk.
HI anashet,Do you have any kind of application pending?what is our status in the UK?
kahi ,What is u & your husband status?Did he applied when his residence finished?
February 21st, 2009 at 2:48 pm
thanks to reply me
no he didn’t apply because our solicitor told us he hadn’t the right to apply because of his divorce and for me we were married when he had a residence and i was in uk illigally and the only solution is our child
the only advise that he gave usb was to pass the indefinitive live to remain test and we got it but we don’t know what we are going to do
thank you
February 21st, 2009 at 6:37 pm
good evening, i have removal restictions althrough i have recived my indefinate leave to remain through marrige in 2006. i have been in this country for 11yrs with my son who was 5 yrs at the time he is will be 16 this year.my husband and i have a son who is now 2yrs my husband is british. i need to know since the concession is now deleted does that means all application that is already in will be cancelled? please let me know thank you very much in advance.
February 21st, 2009 at 8:41 pm
hi hasan, in N38/ “from the 9 december, the 7 year child concession is formally withdrawn. All cases involving families with dependent children with long residence will now be considered under the immigrat. rules and arti. 8 of the ECHR act 1988″ and in N42/”Only if children born in the uk and stay 10 years only then can apply for registration for UK citizenship” my self mum of 2 kids born in the Uk , my oldest is 5 1/2 and sec. 3 1/2. I overstayed my tourist visa 6 years go,unknown from the HO, Do we have a chance by applaying under the ECHR, or do we need to wait until the kids are 10? and what will be the parents situation? thank you
February 21st, 2009 at 10:36 pm
Hello Gareth,
I have an asylum case with the home office and at the same time EEA application, but my EEA application is being considered,what will happen to my asylum claim since i have not recieved initial decision for 13 months now.Will my claim be discarded when i get my EEA family permit.It was the homeoffice decision to treat my EEA why is that
February 24th, 2009 at 12:29 am
Hi orchidee,
How do you live in this country without—–.yes you can apply under the ECHR THROUGH expart lawyer.
ziona yawmenra,
your question is not clear.
kahi ,your solicitor was right.but now it very difficult.
February 24th, 2009 at 4:48 pm
i need to know if my son will get his ILR since he is here since aug 1998.through the seven year rule althrough its is now deleted. he has never left the country since he entered, hes in school and doing well, i have report to the home office once per month i just need to know what position my son and i are in.
February 24th, 2009 at 5:07 pm
@Tope: I think they assume you have limited chance regarding the asylum claim so theyr focusing on your EEA or ECHR instead. Thats what my solicitor told me from communication he got from home office regarding my own app. In my case they also put my asylum app aside and are rather focusing on the ECHR aspect of my claim even though all I applied for was asylum. My advice is dont rush them or call asking for decision.
February 24th, 2009 at 7:24 pm
hi hasan, how i live in this country? me and my husband did 4 years university in algeria, and my husb. needed to do different studies to get a job here and got now fundation degree…, private rent, work hard, pay for the dentist, the medecine, school dinners,tax,bills, pay for every single …., it’s hard. And we need to change a job often because our IN is fake, my self started working this year and been promoted 2 in couple of months but i need to leave soon…, we are not stupid people but are simply illegal and not that lucky, i need good lawyer where can i find one?
February 24th, 2009 at 9:39 pm
Does anybody know how long the aplication process takes? any experience? Your prompt reply will be greatly appreciated
February 24th, 2009 at 9:58 pm
ziona yawmenra,
I belive you have chance,so please PLEASE PLEASE dont wait go to the solicitor about your sitution.
orchidee,
I really undertand you but if you had any application before 9/12/08 you were lucky but you can apply under the ECHR THROUGH expart lawyer it will be safe.In london you will find lot of law firm.GOOD LUCK.
February 24th, 2009 at 10:09 pm
Hi hasan
could you please reply my question. thanks for this
February 25th, 2009 at 10:58 am
gholi,
Depend on what kind of application.Normaly 14 weeks.
February 25th, 2009 at 2:55 pm
thank you Olumide,i submitted my passport to my solicitor yesterday as i was only able to get one from the nigeria high commission after 8 weeks of delay,do you have an idea how long it will take to put the residence permit, i hope all come out well.
February 26th, 2009 at 2:15 am
hello gareth,
my partner applied for non asylum application in 2002,and it was refused in 2007.she appeal against the decision on the advise of the solicitor handling the case then to include her two sons born in the uk(4 and 2years respectively)but it was still refuse in the supplementary refusal (Administrative removal)letter sent to her including her two sons.As the partner i was waiting for the 7 years rule which was recently cancelled please can you advise me of any way out as i’ve been in the uk since 2002.
February 26th, 2009 at 6:22 am
With prayer it may not take too long. That’s the secret.
February 26th, 2009 at 9:25 pm
Hi TOPE,
I would imagine an EEA visa application might be a lot easier to deal with than an asylum case.
Is your nationality listed on our EEA visa page?
If it is then it’s a lot less complicated than going through the asylum route and will mean immediate family (spouse, unmarried partner and children) to get leave to enter the UK
February 27th, 2009 at 11:40 am
hi
please can you give me more precise details about our case
thanks
February 27th, 2009 at 1:13 pm
Thanks
February 28th, 2009 at 10:47 am
Hi hasan,
thank you for your understanding
“I really undertand you but if you had any application before 9/12/08 you were lucky but you can apply under the ECHR THROUGH “expart lawyer it will be safe”.In london you will find lot of law firm.GOOD LUCK.” here is my email addres: orchideeblanche37@yahoo.co.uk, could i ask for more detail please + a lawyer how could be good. thank you
February 28th, 2009 at 11:58 pm
hi Hassan and Gareth.i am living in the uk from 2001,i came to this country to visit and was given 3weeks.now i have a child who will be six years in months .is it possible for me to apply for the the legacy,i am alaw abiding citizen use to work as a civil servant in the caribbean and would love to work for the emergency team in the uk.i am dreading going back to live there with my child who has lived all his life in this country.please tell me what application i could submit to the home office.thank you.
March 2nd, 2009 at 9:10 pm
hi i have a son who will be 8 in july, his father is british and my son has a brithish passport.im not with his father but his father has been paying child support each month voluntarily and has even taken him on holiday.i am an overstayer, but still managed to get some qualifications at a uk institution,i came here in 2000.could you please tell me my options if any, as this is a real downer for me i wanted to pursue a career in teaching.my son has a learning disabilty and this is one of the main reasons why this is depressing me, has i want to be in a position not just to help him but other children like him. his father has been supporting him since birth.
March 3rd, 2009 at 12:48 am
Hello Gareth,
I did not recieve a certificate of application for my Non EEA family permit before i was asked by the home office to send in my passport,my cousin’s passport and other supporting documents which i have sent to the home office to show relationship.Is it because i am an asylum seeker,certificate of application should be issued to all submitted application i suppose.My application is 11 months with the EEA dept.
March 3rd, 2009 at 12:49 pm
hello i have just realise that the seven year concession have been abolish i was depending on it.i have been here since march 2002 and have overstayed on my visa.my child had join me in december 2002 she had overstayed on her visa as well.i now have a next child who was born here and is 5yrs and 8 months.my first child who overstayed is now 13yrs.what step can i now take and what they have replace the seven years concession with and on wat grounds can a make an application under. thank you.
March 3rd, 2009 at 1:07 pm
i have been here since march 2002 and my child have join me in dec 2002 we both have overstayed on our visas.i now have a next child who was born here july 2003.i was depending on the seven year concession now it has been abolish what step should i take or what grounds i can apply under for me and my children.
March 4th, 2009 at 3:39 pm
Hi
I need advice, I just gave a birth to a babyboy 4weesk ago feb 2009, my husband was born here but I ‘m illegal will I get a permission to stay here if I ‘ll apply to the homeoffice.
March 6th, 2009 at 3:03 am
As an Asylum seeker your application will merely be submitted for the more recently EEA application which you have. The EEA will be dealt with. So you may not necessarily receive a certificate of application just like in your case. You already had an reference number. Plus you may also never get a decision on your asylum claim.
March 6th, 2009 at 1:11 pm
Hi Hasan/Gareth,
I came in London on Student visa in 2005. Got married in 2006. My husband is also an International student. We have a daughter born in UK who will be 2 in June2009. We both are living lawfully in UK paying tax & all & want it like this for the rest of our life in here. I am upset on the news of DP/96 withdraw. We have talked to a solicitor He said that we should wait for 2 more years untill our daughter turn 4 years old.
I would like to know that is it true? Will it help us getting ILR?
Kind advice needed.
THANKS
March 9th, 2009 at 9:59 am
zara,
simply NO.As ur case you have to stay lawfuly in the uk 10 years only then yu can apply fot ILR.
March 10th, 2009 at 3:15 pm
I came to UK just 2007 and i have a baby of 14 months. how soon can i get my babys passport and my own residence in UK.
March 10th, 2009 at 11:36 pm
hi Hassan/Gareth,
my cousin came to this country on a visit visa which has expired and she has 2 kids one is 3yrs old and the other is 18 months old would she be able to apply for ILR or what type of application is good for her.
March 11th, 2009 at 10:20 am
Hi every body,
The withdrawal of the seven year policy does not mean that children who have lived in the UK for longer than seven years, and their families, will be deported. Indeed, sometimes a period of residence of less than seven years may be relied on to resist deportation. This is illustrated by the Court of Appeal’s decision in VW v the home secretary (2009).
March 11th, 2009 at 12:55 pm
what does this mean i was reading this the other day and i was just wondering. it said that her children are now recidence in the uk. sorry i just wanted to know what that meant.
March 11th, 2009 at 6:36 pm
hi hassan can u pls answer my question on 105. thanks
March 11th, 2009 at 8:06 pm
hi hassan/gareth,
i came in uk 7 years ago and overstay the visa till now,my partner came 5 years ago and claim asylim but its been dissmised 6 month later. we have a dotter she will be 5 in june, with this low changing does she have any chance now?
she is in reseption now and speaks english perfect. can you tell us where we stand? kind regards
March 12th, 2009 at 11:03 am
HI 105,
NO,wait for child live here 7 years or more.
March 12th, 2009 at 1:03 pm
Hi, I’m a British citizen with a 5year old child from a broken down acrimonious relationship with a guy who came here to this country illegally 10yrs ago through another country. He is hear illegally on a fake European passport, he does not have Parental Responsibility(PR) as we were not married at time of birth. He does not pay child support and is threatening to take legal action to gain access to the child. He has always been aggressive hence my response to limit regular access so as not to disturb the child’s development. i believe initially he was trying to hang on contact wise to sort out his papers. Can he still fight for legal access to her. My fear is that as he is not registered here, he will take my child and run out of the country and i will not be able to trace him as he is African and i have never been to his country.
March 12th, 2009 at 7:40 pm
hi hassan,gareth
can you please, please answer my question on 109. kind regards
March 13th, 2009 at 11:06 am
Hi Alex, I can’t see uk immigration looking favourably on you as you over stayed your visa and your partner had an asylum case dismissed within 6 months… I think you’re one of the unfortunate people that falls into the cracks, the longer your child is here the better chances you have.
Hasan, what do you think?
March 13th, 2009 at 11:33 am
Hi Alex,
still you got family with children and fail asylum.So please apply for legacy programme.I think you have a good chance and good luck.
March 13th, 2009 at 1:57 pm
I have a daughter who turn 7 years last year. before the concession was withdrawn my solicitor tried to regularise our stay based on the policy.
She says she has received a response asking us to make an application for ilr on FLR (o). What are our chances of getting through and how long can it take?
Do we as a family still have to do the life in the UK test?
Someone help.
egbo
March 13th, 2009 at 3:30 pm
HI 115
Is she lives in the UK 7 years?when you applies ? I THINK NO .
March 13th, 2009 at 6:57 pm
dear hassan, gareth
can you recommend a good solicitor for making aplication about legacy programme in birmingham area. many thanks
March 14th, 2009 at 10:42 am
hi 117,
Any immiration solicitor near to you.
March 14th, 2009 at 6:08 pm
Regards 115. Yes Hasan. She’s lived here since birth. Do we have any chance?
March 16th, 2009 at 10:22 am
HI 119,
yes you have good chance, please contact with immigration solicitor for an application set o under ECHER.
March 16th, 2009 at 12:07 pm
hi I ‘ve been living here for 10 years illigally I’ ve a husband who was born here and my son who was born here a month ago ,is there any chance for me to get a right to stay here.
March 16th, 2009 at 4:27 pm
Hi mrs patel, your husband was born here, doesn’t he have a british passport, hasn’t he applied for one?
March 17th, 2009 at 1:12 pm
Regard 119, I’ve heard from my solicitor who said she has to write to me and explain the pros acnd cons of this application.
I am now confused about that. Can you see any reason why the Home Office will send a form to apply and not get through since the application was initially based on the 7 year rule?
Do you know any good solicitor who can help in my case? I think my solicitor in new in such cases. I will be happy to have any good solicitors detail.
egbo
March 17th, 2009 at 3:31 pm
Hello Gareth,
I have just recieved a refusal decision on my asylum application but given an appeal right,but my NON EEA application is still on going,i hope the refusal of my asylum will not affect my NON EEA family application as EEA dept has my passport and that of my EEA cousin already with them since one month
March 17th, 2009 at 6:10 pm
Dear Gareth/Hasan,I was removed from the UK in 2007 for overstaying on my visiting visa and entering the UK illegally and myself and my families application to be allowed to remain in the UK on humanitarian ground was refused.My family still lives in the UK on their overstayed visitors visa for 6yrs now.My daughter has spent 6yrs there now and my boy was born in the UK and he is is 5 yrs now and we were waiting on the 7yrs concession for him and my daughter to have their citizenship.Now that the concession is withdrawn, do they still have a chance of getting UK citizenship or have a strong ground in applying for UK citizenship? Please reply urgently.
March 18th, 2009 at 10:59 am
HI ZULU,
IT IS VERY DIFFICULT BUT WAIT 7 YEARS AND APPLY FOR ILR .
March 18th, 2009 at 3:06 pm
hello
i am an overstayer for nearly seven years and have met my partner since.we have now been living together for over 5yrs and have got a child who is now 5.he is a naturalise british and i have made an application under the common law basis in feb 2008 i have got 2 letters from the home office,the last one stating that my application is valid and they are making futher enquiries was sent april 2008 since then i haven’t heard from them.my sister have made an application on the same grounds in feb of this year and have receive two letters one is the same as my first letter and the next asking her to do a biometrics for her and her child who is now two years.the biometrics is now in effect.why have they not send out a letter for me to do it and why i have not yet heard anything from them? is it a good thing or is it bad for me? please reply thank you
March 19th, 2009 at 12:54 am
Hi Gareth/Hasan, I really have to ask you something and wondering if you could help me. Our family arrived in the U.K in 2002 and we received LTR for 1 year and then we havent got a reply from them 4 6years and we were hoping for the 7 year rule as my sister is 15 but that rule has been taken away now. I am currently a student and have to go on a year abroad next year to Germany and Spain and don’t want my studies being affected. Is there any way you can advise me?
Thanks
March 19th, 2009 at 11:49 am
Hi Hassan/Gareth,
Could one of you please advise me on 111.
Many Thanks
Victoria
March 19th, 2009 at 1:03 pm
HELLO GARETH / HASSAN
CAN YOU PLEASE READ 124 AND REPLY PLEASEEEEEEEEEEE
March 19th, 2009 at 2:54 pm
Hi Victoria, i’ve moved your comment here because it’s kinda off topic and I want to invite other people to leave their thoughts…
March 19th, 2009 at 4:35 pm
Hi Gareth/hassan
I jut bumped into this site accidentally while looking for answers on google(superb search engine).I arrived in the UK last year and lived with my cousin who is an eea nationale for a while before moving to my gilfriend` place.I also lived with him for a while bak home for a while. I recently applied for a no-eea family permit just before xmas 2008 with all supporting documentation and also stated that my passport was being processed and will be submitted as soon as it has been received.I would like to know if i have a chance with this application and howlong it normally takes.
March 19th, 2009 at 5:23 pm
Hi Damon, a little off topic, I’ve moved your comment here
March 20th, 2009 at 12:04 pm
hello gareth/hassan
could you please respond to 127 thank you.
March 20th, 2009 at 12:09 pm
Trisha, if you have the letter from the Home Office stating your application is valid you should call them and find out… Hasan, would you agree?
March 20th, 2009 at 12:14 pm
Hi Zulu Man, given that your daughter has been here 6 years and your son 5 I don’t think the Home Office would want to remove them as they’ve committed to the UN Convention on the Rights of Child in respect of children under immigration control.
March 20th, 2009 at 2:42 pm
hi gareth
it was stated in the letter not to telephone or make any written inquiries unless they have written to me.that is why i wrote to you for an advice because i am unaware of the timescale on how long it takes for them to reply and seeing all these laws coming in it makes me a bit depress.because i was depending on the seven year concession though i applied under the common law basis.
March 20th, 2009 at 3:34 pm
Hi Trisha, i’m not sure anyone is aware of the timescale outside of the Home Office, important thing is you keep a written record of your enquiries – any correspondence/ mail, telephone calls and conversations you’ve had with the Home Office. Make sure you take a note of who you are talking to, when you are talking to them, the date and time etc. As I mentioned above in Number 19:
When considering delays in visa applications, Home Office caseworkers should take into account if the claimant:
• has a visa application outstanding for over 2 years, and
• has not received a decision from the UK Border Agency during the time, and
• has been making progress enquiries during that time, and
• in the meantime, the delay has meant that they have built up significant private or family life or if the delay has resulted in considerable hardship, for example children who have been established in school over a period of years because of UK Border Agency delay in dealing with families’ applications.
By this description it’s best not to let your application drag on too long without hearing a response otherwise you might fall foul of their rules, even if they have told you not to get in touch. Cover your own bases, make sure you have done everything right so you aren’t giving them any excuses.
March 20th, 2009 at 5:41 pm
hi gareth,my husbend and i cam in uk in 6years ago,and 2children, after that we overstay oure visa.my daugter now is in year 4,and my son year2. i just give birth for twins baby.what we wont to now from you if do we have any chance, to send an application to home office and what will be their anser,could you please anser to my question soon as possible.thankyou
March 20th, 2009 at 10:10 pm
I made a written application under 7 year rule in August 08 before it was withdrawn. I have now received my documents back asking that I reapply on a FLO(0)forms and pay the required fees else my application is invalid.
I came to UK ariginally as a student but overstayed. Now my solicitor says she cannot complete the forms on my behalf because I am working. The truth is I got this job when I had a legal right to work. Will I have to stop working before I can complete the forms?
The home offfice say my application can only be considered valid when I make it on the right forms and pay the fees. I an worried now. What are your views please Gareth or Hassan?
March 21st, 2009 at 12:18 am
HELLO GARETH/ HASSAN
PLEASE RELPY NO 124 THANKS
March 22nd, 2009 at 10:55 am
hi tope,
about your case please apply trough immigration solicitor by LEGACY PROGRAAME,this on for only fail asylum seeker.
March 22nd, 2009 at 10:57 am
rico, I think you are late.contract with solicitor.
March 22nd, 2009 at 5:20 pm
i am here on student visa , i have two children daughter is two and half years and son is 10months old but when he was born he was very ill and he is still suffering , can you plz tell me what shall i do because my visa is going to finish and my child life will be on risk if he will go from this country as there is no medication avaliable for him plz plz rply me and guide me
March 23rd, 2009 at 7:58 pm
hello gareth|/hassan,please replay number139 thank you.
March 25th, 2009 at 10:58 am
I submitted my application in April 2006 for the 7 year concession as I have a child who is turning sixteen. I have not heard from the homeoffice and whenever I call them they tell me that my case is with a caseworker. Please advise me what to do as I am worried my child will turn 18 which will have an effect on the application.
March 25th, 2009 at 2:43 pm
HI!!
I come to uk on 1997,I apply for asylum in 2000 was rejected, but never have a deportation order or anything like that, I apply for work permit in 1997 and since i been woinking and paying taxes,now i have a son born in uk that is 10 years now, back in 2007 I apply for ILR long stay, on oct 2008 home office request documents from me and my son for the last 10 years , I send how much information I could collect, now is nearly 1 and a half year I been waiting for and answer, do u thing is a chance i could get a positive outcoming of this? also will be possible to me for apply for my son’s naturalisation now that he is 10.If I don’t get any answer in the next few months.
Thanks
March 26th, 2009 at 11:11 am
hazel ,
how long your son live in this country or when you first came in this country.
Maria,
its look like very strong position ,so send a lette to home office through your local MP.
March 27th, 2009 at 1:09 pm
Hasan / Gareth can u plz reply number 144 ,thanks.
March 27th, 2009 at 8:37 pm
HI GARATH’
YES ,MY HUSBAND HAS GOT A BRITISH PASSPORT ,WHAT I ‘M SAYING IS HOME REFUSED MY APPLICATION BEFORE I BECAME PREGANET THEY SAID I NEED TO GO BACK TO MY COUTRY TO GET A ENTRY CLEARANCE NOW I ‘VE A BABY WHICH IS 7WEEKS OLD ,EATON HOUSE IN HOUNSLOW SENT ME A LETTER SAYING I NEED TO REPORT ,
1. THIS IS SAFE FOR ME TO GO TO EATON HOUSE IMMIGRATION,WILL THEY KEEP ME IN DETENTION AND SEND ME BACK ????
2.IF THEY DON’T SEND ME BACK DO YOU THINK THEY WILL GIVE ME RIGHT TO STAT HERE BECAUSE OF MY SON AND MY HUSBAND
March 29th, 2009 at 10:13 am
hi patel,
No worry your son is british.according to chapter 321 you can apply for ILR in country /.Just talk with immigration solicitor.it is clear that u will be o.k.
March 29th, 2009 at 11:01 am
Hasan / Gareth ,
Can you pls tell me the situation. A cousin of mine has been in uk since 1997 and has a son born in 1998 and a son that came with her in 1997 and was age 5 then ,but now 16+. In 2005, she made an application on seven years concession based on her kids long residence. and she has been waiting and has been corressponding with home offce all this time via solicitor, herself and 2 mp’s. All reply are awaiting consideration, case allocated to case owner and recently been told awaiting furher consideration. Can you pls, both tell her if it is ok to apply for registration for the child born here in 1998 and will it have any effect on her pending dp5/96 application. And she has other 2 young children both born in uk. many thanks
March 29th, 2009 at 4:38 pm
Hi Everyone,\n\n \n\nI have a few questions regarding abolishing Child Concession:\n\n \n\n1) Could you confirm whether the Applications submitted prior to cancellation would be considered under the rules DP5/96 or under art 8 and new Immigration Regulations;\n\n2) To my understanding, the application should be considered under the old rules upon written acknowledgement of receiving the application. So what would be considered as a “written acknowledgement”?;\n\n3) Also, the very main question: how long does it take to consider such Application? A friend of my has submitted application about half a year ago and heard nothing from them since. Is it usually takes so long? Is it normal practise to not to respond for so long? Where can he obtain any information about progress of his matter?\n\n4) Also, if anyone could provide me with information regarding websites or other means where I could get more details about actual procedure of consideration such applications. I have surfed through the number of Immigration websites and many other forums dedicated to this subject, however, neither contained the information about procedure, helplines, contact details or other means of obtaining information!\n\n \n\nAny information about above is highly appreciated and much expected!!!!!\n\n \n\nThanks!!!!!
March 29th, 2009 at 11:39 pm
lanco ,
Just wait of course you will get good result,about registration yes u can apply.
March 31st, 2009 at 11:19 am
hi,hasan could you please reply number(139) thank u.
March 31st, 2009 at 4:13 pm
Hi Gareth, I came to the UK in may 2005 on a SBS work permit visa valid for one year, in march 2006 I applied to the Home Office for further leave to remain as a student. The application was refused and I didn’t get any right of appeal. I now have a five months old daughter with a british citizen. Could you PLEASE give me your advice on what I could do to gain any form of leave to remain for my daughter and I. Thanks!!!!!!!
April 1st, 2009 at 10:17 am
hello
could someone please respond to #99.thank you.
April 1st, 2009 at 10:29 am
hi 155,
It is really difficulties do something but you have to wait long way.
April 1st, 2009 at 3:54 pm
hello
i have been in this country since april 2002 and have overstayed on my visitors visa.i have met my partner in 2003 and we have got a little girl together who will be 3yrs this coming august.
i have just send out my application base on the common law basis and have got a letter confirming that they have receive my application and then after they sent me a letter asking me to book an appointment to do the biometrics ,they state that if fail to do it my application will be refuse.what is this all about i am a bit scared because i have known people who have sent in their application last year and have not been asked to do the biometrics. please could u give me a quick response.
April 1st, 2009 at 7:47 pm
H Hasan/Gareth
i came to the uk in 2000, a lawyer told me to put my application in for overstayers permit and it was reject after 4 years waitingg buy then i had a baby who is 5years now. i appealed and it was refused but my daughter has got her british p as her dad is british.
what is my next step in obtaing the ILR?
Please let me am getting disperate now.
April 1st, 2009 at 9:47 pm
hi hassan i came to the uk in 1996 got married and appy to the home office got turn down and make an appeal. heard nothing from the home office since. marriage has broken down now in an a longterm relationship and has three children with present partner. how can i go about regularising my stay and what should i base my application on as my passport is still with the home office.and what are the chances of getting this resolve quickly. thanks.
April 3rd, 2009 at 8:19 am
Hi Gareth/Hasan, Could one of you please reply to number (156). Thank you.
April 4th, 2009 at 8:32 pm
I got a friend that have 3 children – they been in the UK for over 6 years now, one of this child was born in the UK (and he over 5 years olds now)my friend apply for asylum over four years and she was refused. Please any advice for her what to do now as she was thinking to apply for this seven year child concession before but now this option is gone now any other advice
April 4th, 2009 at 9:34 pm
Hi Gareth / Hasan,\ni held a visa for non-eec family member for 5 yrs since march 2004 through marriage, my husband is an eec member and also a british, we have a child who is 4 and 6 months now & in the reception at school, but we separated not long after she was born. Since then i have been working p/t & receive family tax credit. My child is also dual nationalities. So what i should do & what form paper i should use. How is the chance? pls let me know as i’m very worried.
April 4th, 2009 at 10:17 pm
I have been in UK since 2001 and married an EEA member in 2002.I had a baby outside our marriage in 2005 since she wasnt ready to have kids. However,she was aware of my baby after 15months and she threw me out of the house and put in divorce immediately.My 5yrs resident permit expired in Dec.2007 while the degree absolute came out in September 2008.I applied for my PR in December 2007. My PR was refused bcos I cudnt get any document from my ex to show that she exercised her treat right in UK. I appealed at AIT enclosing four P60s of my ex but with different address from where we both lived together for 4yrs. My appeal was refused. I applied for reconsideration which was refused again. I was given the opportunity to appeal at the high court.I was advised by a Solicitor that I should apply for Further Leave to remain with my Patner and my 2daughters(the first is 3yrs and 5months while the youngest one is 1yr and 6months) as my dependant. Do you think am qualified to apply for FLR? Is there anyway I can apply for ILR since I dont w ant to appeal at the High Court? Please help me out because am really worried and short of ideas.Thanks.
April 6th, 2009 at 6:03 pm
Hi Hasan ? Gareth
Can you please answer 160 for me please
April 6th, 2009 at 10:04 pm
hassan /gareth can you answer 161 for me as my partner is waiting to start the process
April 10th, 2009 at 10:59 pm
I really need your humble advise. If someone has been living in London England for 7 years what are the chances of getting some sort of status. The person just basically overstayed. They do know he is in the country at this point but he still has no status. It has been an emotional journey, and The laws in England are so hard. We all make mistakes in life and deserve a second chance. this person has Kids in England and would like fair chance to provide for them. He is however no longer with the mother due to differences. Please give me some sort of advice or steps to take so that i can pass on the information. They have also claimed to have lost his passport at this point. It is very frustrating and emotional and i really need your advice to extend a helping hand. By the Grace of God i hope you can assist. The laws have changed it is even harder now to get status, but surely there must be some sort of compassion in the system.
April 16th, 2009 at 3:16 pm
Hi there. I have been here is Uk for almost 7 years, one of my Kids born here. And a disabled child affected with autism; this child wouldn’t have any right for education if we face deportation as there are no structures or schools for autistic children in my country.
I always worked hard and I am highly skilled but can’t work in my fields but still pay tax doing anything to survive. My sibling child is really involved in the community; beside she is really good at school. Since the seven years concession been withdrawn i had some hope that I can still apply when the seven years completed under the human right. Is that right? Please help me for the sake of my kids. Many thanks
April 17th, 2009 at 10:44 pm
Dear Gareth and Hasan,
I come to this country as a student in 2000 and I had TWES for 24 months until Feb.2005.I did try to apply/transfer the TWES to Commercial WP through the company that I worked for and it was refused and I had the final refusal letter from Work Permit in Oct 2006.My actual visa has expired in Feb 2005.I am with my family and I have 2 children,the elder born in Mrach 2005.I am one of the persong among the effected by 7 years chiled concession.Do I have any chance to think about the PR in this country based on my children posion.
THANK YOU
April 22nd, 2009 at 8:48 am
To everyone,
I’ve just read a story about a nine year old boy and his mother from Democratic Republic of Congo. The mother has been in the UK since 2002, her nine-year old son since 2005. They were both threatened with deportation but because they had the support of their local community and Tony, the son, has been attending a local school and doing really well, learning english and getting involved with the community, they have been granted ILR.
Classmates, parents, teachers and other members of the community signed a petition, getting 2,100 signatures, presented it to the Home Office and it worked.
A UK Border Agency spokesperson said all cases were considered on merit. This might have implications for those affected by the withdrawal of DP5/96, the 7 year child concession.
April 22nd, 2009 at 11:00 pm
Hello,\n\nCan you help me with answer pls?!\nI’m here for 7 years, for last 7 years i was a student and also applied for an extention. Though I don’t know yet the outcome.\n\nOk, I have 3 years daughter. Her dad is a british (was born here and lives here). However he has a different family. He is not in the birth certificate, no DNA test or court papers. We don’t contact to each. He is paying maintenance and have all papers about.\n\nMy question: How long me and my child have to leave here to register her as a british by birth? Do i have any chance with her ‘english’ dad? I’m worried about my future student status and this is why i’m searching other ways. Pls answer.
April 23rd, 2009 at 9:17 pm
Hi Gareth, \nWondering if you can help.I was on a student Visa til May 08 but could not get my application for a renewal in time due to unexpected financial constraints (redundancy) which left me unable to make the last payment on my Uni fees. I have since submitted my application however -after reading through some of the responses on this site – I am wondering if the late application will go against me. I have a daughter, born here.(9yrs)I havent heard back yet, wondering if have other options if I am refused.
April 24th, 2009 at 5:17 pm
hi,hassan i have made my application with my family for an indefinite stay based on long stay and compassionate ground to the home office and they replied back to me that my application is valid but they only need to make some enquiries but now that they have stopped the seven years child concessionas my 1st child would be 7 by next year what should i do?
April 24th, 2009 at 10:52 pm
hi gareth,could someone please answer to #159 for me please thank you.
April 26th, 2009 at 12:17 am
i have a daughter who turned 7years in march she is in full time school and another who is 2years i work to support them do i stand the chance of human right act indefint leave. i have U.K diploma in childcare i want to work and support myself and child with my qualification and help the country as well\n\nthank you
April 26th, 2009 at 8:16 pm
Enquiry #125 refers.
Hi Gareth/Hassan,
Thank you for your responses #126 and #136. Hassan said its difficult but my family should wait for 7 years and apply for ILR and Gareth said given that my daughter has been the UK for 6 years and my son who is born in the UK is 5 years, He dosen’t think the Home Office would want to remove them as they’ve committed to the UN Convention on the Rights of Child in respect of children under immigration control. Do they have a strong ground to apply for ILR when my boy is 7 years and my daughter would have stayed in the UK for 8 years? please on what ground will their ILR application be made? Please help us out.
April 28th, 2009 at 4:24 pm
Hi Jackie, since 25 November 2008, the UKBA have been issuing compulsory identity cards to foreign nationals granted an extension of their stay in the United Kingdom as a student or as the husband, wife, civil partner or unmarried or same sex partner of a permanent resident and their dependants on these applications.
April 29th, 2009 at 8:00 am
Elya, have you thought about switching to a tier 1 post study work visa? You say you’re on a student visa, do you have a masters? If so you could switch to a tier 1 general
April 29th, 2009 at 1:45 pm
Hi ester, if the home office told you your application was valid sounds like you have nothing to worry about.
Hi Priscilla, depends on how long your daugther has been in the UK. Read my advice in number 19.
Zulu Man, read number 19, advice and grounds are there. Under Article 8 of the European Convention of Human Rights Act, the government can not separate a family under family life protection, they assess each case on an individual basis.
ARTICLE 8 ECHR
Article 8 (1) states that:
“1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”
Unlike Article 3, Article 8 is a qualified right, which means that interference with the rights set out in Article 8(1) may be permissible in certain circumstances.
Article 8 – Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security,
public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
April 29th, 2009 at 3:03 pm
HI THERE!
I APPLIED UNDER THE SEVEN YEARS CONCESSION IN DECEMBER AND WAS SENT A LETTER FROM THE HOME OFFICE SAYING THAT THEY HAVE RECIEVED MY APPLICATION…..SO THOSE THE WITHDRAWAL OF THE SEVEN YEARS CONCESSION STILL AFFECT ME?
I AM VERY WORRY AS LIFE IS GETTING TOUGHER DAY BY DAY
I APPLIED WHEN I WAS 17-9 MONTHS..THEREFORE I AM NOW 18
IM SO WORRY AND DONT KNW WHAT TO DO…PLEASE GIVE ME ADVICE
ITS BEEN 4MONTHS NOW
April 29th, 2009 at 4:17 pm
bendict, if you received a leeter from the home office before confirming they received your application you have nothing to worry about, you just need to be patient. Read what Hasan said in number 38 and what I’ve said in number 18. You must keep your own record of correspondence with the home office so don’t lose the letter.
April 29th, 2009 at 7:45 pm
OMG!plse help.i overstayed my student visa since 01.had a child with british but not 2gether anymore due 2 domestic violence.Applied 2 H/O in 04 on compassionate grounds but never heard anything from them.Have gone there about 6times and was told there’s a backlog. Was hoping 4 dis 7yr conc as my child will b 7 this yr. Now wot shud i do? I dont speak 2 dad but he pay child support. plse plse advise.
April 29th, 2009 at 8:59 pm
i have been in uk 4 5years and have 2 son of 2 and 3years old.
i have never make an application to the home office.pls what can i do……………………
thank
April 29th, 2009 at 9:04 pm
gareth can you please answer number 161 for me
April 30th, 2009 at 11:34 pm
HI EVERYBODY!No worries———-
Just read this phragraph about 7 years or less:The removal of the 7 year concession may not itself be a negative impact as this may give more scope for argument in relation to children who have lived in the UK for 5 years or 6 years. The removal of the 7 year concession is due to changes in the Immigration Rules and the Human Rights Act 1998 which have overtaken the need for the concession. The spirit of the 7 year concession has not been removed as it is covered elsewhere basically by Article 8 of the ECHR.
May 2nd, 2009 at 4:10 pm
.
hi, i came sep 99 as student and married in pakistan my wife came july 01 and my son born 14 jan 02 and daughter dec 02 and other son feb 08. i apply ILR jan09 and refuse apr 09 and no right of appeal my student visa was refuse in march 05 and i also loose Asylum and Immigration Tribunal (AIT) appeal in aug 05.now homeoffice hold my all family passport and ask me to leave ASP.WHAT I spouse to do now. pl ans your knowelge. many thanks
May 4th, 2009 at 10:35 am
Hi Hasan and Gareth. Please answer 183. thanks. I like wot u guys r doing here.
May 4th, 2009 at 11:51 am
Hi Gareth/Hasan, could someone PLEASE reply to number (156). I would be very grateful.Thank you
May 4th, 2009 at 11:25 pm
HI 183,YOU CAN ASK YOUR LOCAL MP TO WRITE LETTER TO H/O?U R ON THE WAY SO IT WILL BE OK.NO WORRIES.
May 4th, 2009 at 11:29 pm
HI 156,YOU CAN APPLY FOR CONTACT ORDER THROUGH YOUR SOLICITOR I HOPE IT WILL BE AFFAIRMATIVE OUTCOME
May 4th, 2009 at 11:31 pm
HI RASHID,YOUR QUESTION IS NOT CLEAR.
May 5th, 2009 at 10:18 am
Hi Gareth/Hassan.Thanks for the advice your are given to people like us.Before now we have been living in Limbo but ever since I discover your website I have gained and know so much.
Therefore I am plannig to submit an application for indefinite leave to remain in september under Article 8 because I came to the UK in 2001 and I claimed asylum on entry and given 6 month leave to remain and to claim asylum but unfornately I was advised doing so.I have been living underground. My partner[who is also illegal] came to uk in 1999 as House helper and We have 5 and half years old son and 3 and half year old girl both born in the UK.I had never collected any benefit, my work is self sufficient and I have no criminal record.Now will these points work in my favour and what is the success rate of application submitted under aricle8?what is name of application We need?
Thanks.
May 5th, 2009 at 11:32 am
hi Gareth
I came to the UK in 2003 as an illegal immigrant while my patner came in to the UK in 2000 and claimed asylum but lost the form given to him and as been living underground ever since. We met in 2003 and have 2 kids one is 6 years and the other is 3yrs and 10 months old. Our hope was the 7yrs concession but now that it has been cancelled What do we do? We haven’t taken any benefit and we have no criminal records. Pls Gareth I have read your previous answers but like to know how successful application under article 8 are because it is a new rule.
I will really appreciate your answer to my question. Thank you.
May 5th, 2009 at 12:20 pm
Hi Ibrahim & Dupsie, thanks for your comments, I’m glad this site has helped and you are planning to submit an application. I’m not sure what the success rate is. Because article 8 is still relatively new there isn’t much informtion available, I will look into it though and see what I can find.
Read what Hasan said in number 186, it’s very reassuring!
May 5th, 2009 at 9:35 pm
Hi gareth/hasan,\nI want to apply for indefinetely remain in the uk based on the 7 year child concession. My situation is that I am married for 7 years. I got married in the uk and we are both foreigners. We hold a residence permit visa that is valid until 31-08-09. I have been here since May 2000 and my wife since August 2000. My wife has a daughter that lives here since August 2001. She is 12 years old now. We also has a son and he is now 5 years. I and my family have been legally working and living in this country since we came here. The 7 years child concession withdraw that came in place last December brought us douts about what to do now. We were entitle to apply last year but becouse we had already a visa we could not apply for another one. Can you give us some advice please. Thank you
May 6th, 2009 at 8:36 am
hi Gareth,
Ths for your reply. I wanted to apply this year for post-work visa but i didn’t have the right maintenance in my account (800 pounds last 3 months). I don’t have Masters yet. I applied for an extensiton as a BS. However, can’t find the right way to register for my child.
May 6th, 2009 at 10:17 am
WALTER,
straight way apply for citizensip by registration 10 years children rules.
May 6th, 2009 at 1:21 pm
Hi Hasan!
thanks for the advise, I have send a letter already thruth the Mp, awaiting for any update, in the meantime, I would like to know if this take too long, if I could apply for my son’s ctizenship passort 10 year registration rules, As he born here and is now 10 years and 2 months old.
Thanks
May 6th, 2009 at 4:34 pm
Please Hasan/Gareth answer number 163.
May 6th, 2009 at 6:05 pm
Hi Hasan. thank you for your reply. I was searching for (registration 10 years children rules) and i could not find any thing that support our entitlement to apply on that base.
(we are legal but both foreigners with no british citizenship conection)
My wife has a daughter that lives here since August 2001. She is 12 years old now. We also has a son and he is now 5 years. I and my family have been legally working and living in this country since we came here in 2000.
Please would you give me more details so that i can understand better the base and if it is possible where would i be able to find forms to apply. Thank you very much, Walter
May 7th, 2009 at 10:46 am
hi 199 and 201.please this rule very care fully if your child born in the uk.
Section 1(4) – children who have lived in the United Kingdom for the first 10 years of their life
The child will have an entitlement to register under section 1(4) of the British Nationality Act 1981 if they were born in the United Kingdom on or after 1 January 1983 and lived in there for the first ten years of their life. Applications under this section of the British Nationality Act 1981 should be made using application form T. You should read can I register as a British citizen if I was born in the United Kingdom on or after 1 January 1983 and lived there up to the age of 10 for details on the requirements you need to meet.
May 7th, 2009 at 1:49 pm
Hi Hasan. Thank you very much for your time and advice
May 7th, 2009 at 5:30 pm
hi hasan can i please make this applicatoin un/eu/child/human righ ground i was hoping for 7yrs ,when my child turn 7, icame 1997 but refuse on long residence on the ground of independent evidence can i apply for compasionate ground on based on long residence when am 14yers
May 7th, 2009 at 6:02 pm
hello Hasan, i came in uk 1991 and i make application for leave to remain in 2004 but was refuse in 2006 because i could not provide independent evidece for the first 6yrs in the uk. Now i can provide 12yrs independent evidence and i have a daughter who was born in 2005 in uk, she is in school now please advice what application i can make and when?
May 8th, 2009 at 4:04 pm
i came to this country from 2000 one of my son came before me to his dad which is a uk citizen my sin has not got is paperof indefinete leave to remian i send for my second son which is with me also i got married to a british citizen seperated i had a child which is now age 3 i am also a full time carer for my grandaunt what can i do
May 8th, 2009 at 5:53 pm
H Hasan/Gareth
i came to the uk in 2000, a lawyer told me to put my application in for overstayers permit and it was reject after 4 years waitingg buy then i had a baby who is 5years now. i appealed and it was refused but my daughter has got her british p as her dad is british.
what is my next step in obtaing the ILR?
Please let me am getting disperate now.
May 8th, 2009 at 7:18 pm
I have a child whom born in UK in 2000. In 2003 we’ve been removed from UK. We have very hard life here in my own Country. Now he’s 9 years old can’t not go to school because we have bad life here and myself can’t not get job to work and my child didn’t go to school. I used to work in uk as a chef so we have a better live. Any possible for us to get back to live and work in uk. I’ve asked some of my friends that if I can get back to uk, they will provide us job. What about applying for work permit? Is there any chance of my Child entitled to get help or gain something from uk.Please help!
May 12th, 2009 at 7:26 pm
Hi Guys,I have been in the UK since 1998,I applied for Assylum and in 2003 was refused and put on an Apeal which is still ongoing.I met my ex-partner in 2004 ans we have a child in Nov.2005 who is overfour and half years at the moment.I contacted the Home office through Human Rights Solisitors in April 2008 who wrote the Home Office indicating my present circumstance and asked for leave to stay on copationate ground for the sake of my Son…….up till now the solicitor and i have not heard anything nor acknowledgement letter from the Home office.All these yars i have been working and do not depent on State Hand out nor money from the Government.I have been paying my taxen fro the past Ten years with my national Insurance issued to me in 1999.Please advice me on what i should do.By the way i ma from Nigeria.
May 13th, 2009 at 1:30 pm
Hi everyone, i am looking for Human Rights Solisitors, if you know a good one, or you are the one please just email me orchideeblanche37@yahoo.co.uk, need your details. I will really appreciate. (Area of London, sheffield, leeds) thanks
May 13th, 2009 at 2:25 pm
Hi Gareth
Thank you so much for taking time from your busy schedule to send us this document of 7 year child concession. The document is quite informative and will assist in urging my case. For you to take the effort and research on our behalf means a lot to us and it has touched my heart.
Once again thank you so much
May 13th, 2009 at 3:25 pm
Just to say thank you to Gareth for posting this information to us, it has indeed clarify a lot of things, thanks once agaian.
May 13th, 2009 at 4:53 pm
I really appreciate your efforts and concern towards our cases. Thank you very much. Due to the information you provided We have decided to submit an application based on Article 8 and I hope and pray that it will be a success.
May 13th, 2009 at 8:24 pm
Hi Gareth,
Your update is much appreciated.
However, my questions remained unanswered: what is usual practise of the authorities with regards to procedure and terms?; Also how long does consideration of the particular case takes?; and Is there any means to influence/speed up the procedure?
At the moment my friend still has no reply, but he is really determined to “help” consider the case as waiting time does not do any good neither to him nor to his family!!!
I would appreciate anyone with any suggestions!!!
Good BLESS!!!!!
May 14th, 2009 at 6:23 pm
Hi Gareth, I just want to say thank you for taking your precious time to collect all that information and posting it to us.It has given me some reassurance, what I am still not sure about is the fact that I have been refused the application for further leave to remain as a student in 2006, will it be possible for me to make a fresh application based on article 8 of the ECHR. Many thanks to you and your supportive team.
May 17th, 2009 at 6:02 pm
Hi Gareth,Hassan
First of all thank you very much for your time helping whenever it,s possible.
I am officialy illegal immigrant who been here since 2003 continuesly with my partner and kids ,they attend schools and we setteling well hence illegaly,we do work illegaly both of as and our kids are integrated with the communty… also one of my kids is special need and would not have the chance go to school if we get deported as in my country there is nothing for this kind of deasabilty. i would like to apply for ILR under the Article 8 but i don’t know if i should contact a solicitor to do things on my behalf or take a risk my self ,if so, what sort of application shall go for? and do you know a goo solicitor who take cases seriously .
My best regards and once again thank you very much for your help.
May 18th, 2009 at 12:37 am
Hello Gareth/Hassan!i-m in uk from 2001 illegaly. my wife came on 10 days working visa on 2005,then in 2006 we have a child born in uk but her visa was expaired.i was working all the time,have all evidence.been to many solicitors and no body can halp me to do any papers to stay here,what can i do?many thanks
May 18th, 2009 at 1:20 pm
we been here me and my husband for nearly 11 years illegaly on over stayed visa,we have 2 childreen one 6 years and another 2,we went to see a soliciter,he said ,you have to waite until you been here in this coutrie for 14 years,we dont know what to do because waiting anther 3 years is going to be very long,would you please help us if there is any thing eles it can help us with our case,thank you.
May 19th, 2009 at 7:21 pm
my wife leave to remain expired 2 years ago. i am british and we have 1 year old son who is british. will my wife get ilr? what should we do? please help thank you!
May 21st, 2009 at 8:15 pm
hi,
entered the country through ireland in 2003.my wife was pregnant, we had our baby who is 6yrs old now.another baby in december 2004,born in ireland.fortunately she qualified for irish passport.
we applied last year to change our status using family ties based on my irish baby who will be five this year.we got turned down because of support.
what is the hope now,do we go back to my country after 6yrs,how do we explain this to the kids,and what does the future hold in regularizing our status.
thanks
May 21st, 2009 at 8:37 pm
my husband came here in 1998 with his first wife on a visitors visa. He put an application in for leave to remain but he he split with his wife when he met me and she cancelled his application. This was then refused and he appealed but was refused again and had a deprotation order signed.
We disappeared for the last 10 years moved away my husband has been living illegally.
I have a 12 year old daughter and we have 2 children together one is 7 in october and one is 4. We visited various solicitors who all give different answers on when to apply and some even said not to bother!
We have found a good solicitor now as we cant live like this any longer we were hopingto apply when our daughter is 7 in october and we still are even though the rule has been scrapped. we will apply on compassionate grounds. Our problem is that the deportation order has already been signed so we got to fight that as well
our solicitor says they may ask him to sign at apolice station every week whilst they are deciding the outcome which could take between 3 months and 3 years.
our problem is that we have to prove we have been in a relationship and living together with letters, doctors letters etc etc but because we have been so careful his name is on no bills or tenency, he has never had a doctor because they want to see his passport etc (which immigration kept hold of)
my husbands passport has expired now but if they deport him they can get an emergency passport from his countrys embassasy so they can remove him.
Thought it was just us in this situation but theres loads of us!!! hang in there everyone you are not alone. our only crime is being born in a different country
May 22nd, 2009 at 2:09 am
Hi Gareth?Hasan,
My husband is a student who has been here 8 years legally and I have also been here 7 years legally and working as well. We have 3 children, the elders is 7 years and the rest are 4. All of them are in full time education. Do we have any chance to make an application through (ECHR) arcticle 8 family life and private life? Please kindly let me know what to do.
Wobi
May 22nd, 2009 at 11:19 am
hi,I am living here from last seven year with my kids. kids also living with me last seven year.no criminal record.kids go to school. I am paying tax as well.svan year child policy is withdrawl (dp 5/96)can I apply. plase advice me.
May 22nd, 2009 at 11:39 pm
Hi Gareth/Hassan,
I have been in UK as a student for 8 years with my wife and she has been working legally for all these years. We have 3 children and the first one is 7 years. All of them are in a full time education.
We pay tax and we do charity work. We also render other services to the community in which that we live. Is it posible for us to make an application through acticle 8 of ECHR which talks about family life and private life. I would be very happy if you could get back to us as soon as possible to let to know what to do.
Thank you.
Brown
May 23rd, 2009 at 12:03 am
HI221,
I strongly recomended for applying LEGECY programme,disclose everything to UKBA,U WILL WIN.
HI 222,
yor position is very nice, please stay two more years legaly it will best for applying ILR.10 YEARS RULES.
HI223
PLEASE don’t wait anymore apply for ECHER Artical 8, hope it will positive out come.
hi 220,
your case little complex please contact with immigration solicitor and tell everything true.
hi 219,
you really make your case complex ,you can make an incountry application. For more details contact with soliciter.
Hi 216 and 217,
people who are in the uk family with children please dont stay illigaly,diclose yourself and make an application under ECHER artical 8.
hi everybody,My request please No body try cheat home office.just diclose yourself .
May 23rd, 2009 at 10:36 am
thanks for advice.(223)can you know good immigration solicitor.please send me add and contact number by E-mail.or contact you.
May 23rd, 2009 at 4:30 pm
thanks for that but he didnt claim asylum he came on a visiting visa and made an application for leave to remain not asylum!! does this matter?
May 23rd, 2009 at 4:58 pm
Hi Hassan
Disclosing our status to UKBA…… will that help to get ILR… we all are scared of Deportation… if UKBA guranttee that they will not depost than we have no problem
Pls advise any solicitor/barrister who specialize in ECHER ARTICLE 8
Thanks
May 23rd, 2009 at 5:24 pm
would you please answer the question 218 thank you.
May 23rd, 2009 at 8:38 pm
hi hassan regards comment 219
do you think my wife will be ok? does she have a good chance? she has just passed life in uk test. and we are now going to contact solicitor. thank you for your advice
May 23rd, 2009 at 11:50 pm
hi 230,
why not?
hi ali,/227
if you are illigal and no application pendiding.simply no question you will be deport.if anybodys application pending ,he/she will never be deport untill finalised by court.
May 24th, 2009 at 10:18 am
Thanks Hassan
This is a good piece of information…..
any good solicitor contact will be appreciated…
Ali
May 24th, 2009 at 7:45 pm
Hi Hassan\nI made an application for my daughters under the 7 year rule in Feb 08. I have received correspondance from the home office to say that the application is valid and the case was being passed to a case worker in July 08. Is my case still valid now that the rules have changed. What else do I need to do to strength my case. Shall I contact them to find out the progress
May 24th, 2009 at 7:55 pm
Hi Hassan,\n\nI made an application for my daughters in Feb 08 under the 7 year rule that they are in continuous education I supply all the relevant information and submitted. The Home Office responded in July 08 to say that my application was valid and it was now being passed to a case worker.I have not heard anything since then now that this rule has changed does it affect my application, do I need to do submit anything else to strength my case, shall I contact them to find out about the progress of the application. Is it possible to “speed” up the process
May 24th, 2009 at 8:37 pm
you say to apply under legacy but he not claimed asylum! you have now said we need an application pending to make sure he doesnt get deport, but can we make a new application with the legacy route? it seems they will only consider his last claim which ended in the deportation order!!
Do we need to put a new application in to avoid deportation?
Does the solicitor have to apply under legacy but with new info as we have the children and are married now? please clarify. can we apply now or do we still wait till our middle daughter (his natural daughter) reaches 7 HELP more confused now
May 24th, 2009 at 10:59 pm
I M LIVING IN UK SINCE 1998 WITH MY WIFE AND TWO CHILDREN ONE IS ABOUT SEVEN AND OTHER ABOUT THREE , I M DOING JOB LAST TEN YEARS AND PAY TAX, WE NEVER CLAIM ANY BENEFIT, WE APPLIED THROUGH OUR MP FOR REMAIN TO LEAVE IN 2004, AND WAITING FOR HER REPLYIED,LAST MONTH WE PHONE OUR MP OFFICE TO KNOW ABOUT OUR APPLICATION THEN WE KNOW HE HAS CLOSED OUR CASE IN 2006 THEN WE KNOW WE HAS OVERSTAYED. WHAT SHOULD WE DO TO BE LEGALLY IN THIS COUNTRY THANKS YOU
May 24th, 2009 at 11:20 pm
HI 233,
Please apply through immigration solicitor under ECHER disclose everything to UKBA.no worry it is the rihgt way.
May 25th, 2009 at 10:03 am
Hi Hassan/Gareth,please I wrote you few days ago about my situation and you have not responded to me. My question is number 224.
Thank you very much and hope to hear from you shortly.
K.Brown.
May 25th, 2009 at 10:20 am
HI 233 AND 234,
BOTH APPLICATION ARE VALID,NO WORRIES AS YOU GOT THE LETTER FROM HO.FOR SPEED UP PLEASE REQUEST TO YOUR LOCAL MP.
hi 236,
PLEASE SEEK AN ADVISE FROM IMMIGRATION SOLICITORS URGENTLY SHOW YOUR EVERY PICES OF PAPER.
HI 238,
PLEASE WAIT MORE TWO YEARS FOR 10 YEARS LAWFULL RESIDENCE IN UK.YOU CAN’T APPLY 7 YEARS POLICY COS U R LEGAL.
May 25th, 2009 at 11:13 am
please answer 235!
May 25th, 2009 at 11:27 am
Hello Hasan\n\ni came to uk from pakistan on spouse visa but now i am overstay for last 1 year and 9 months. my husband is british citizen and we also have a son who has british passport he is 1 year and 6 months old. can u give advice on how i can legalise my stay in the uk. will i be deported? \n\nplease help\n\nthank you
May 25th, 2009 at 3:56 pm
could you please answer my question 218,we are despert,we would like to know if there is any thing it can help us with our case,thank you very much.
May 26th, 2009 at 4:23 pm
hi assanand gareth
I’ve been in uk for 15yrs now. 7yrs lawfully and the rest unlawfull. i and my wife (wed at church) have 3 children of 7, 4 and 3mths.My wife and children are all british and the 1st is disable. what shall i do? by the way i have written to the pm who wrote back saying that my request was sent to the immigration border and that’s a year ago. what shall i do?
May 26th, 2009 at 10:54 pm
I have a daughter who is 8yrs and was born here. I was relying on the 7yr concession and now that this is no longer, stumped for an alternative. My daughter was born early and so has a hole in her heart. We were last seen when she was 5yrs and not due to be seen again till age which is next year as she is being monitored to ensure the hole is closing adequately. It is for this and the fact that I have lived here for many years that makes me worried about being deported. I studied here (first degree and a Masters degree) and wondered if taking the route of skilled worker would be a better option?
May 27th, 2009 at 2:02 pm
hi luna (242), the solicitor’s right, you have to wait 14 yrs
hi serge, sounds like you might qualify for indefinite leave to remain because you’ve been here illegally for over 14 years. Read the information here. You probably also qualify under Article 8, you should apply for ILR tho based on your 15 years continuous residence in the UK.
hi labby, i don’t know why you’re worried, it sounds like you have a very good case under Article 8, get back on the phone to the Home Office.
May 27th, 2009 at 7:44 pm
My friend asylum case was refused in 2004, she was married to a british man with 3 children 6yrs,3yrs,& 10month old all have british passport,however the marriage is at breaking point, now that the 7 years chid concession has been cancelled what ground does she fits in ?
May 27th, 2009 at 9:05 pm
hello gareth/hassan
please reply number 241
thank you
May 27th, 2009 at 11:50 pm
HI 246,
The best way to apply in failed asylum seeker UKBA legacy scheme.
HI247?
why you r overstayer if you have good explaination diclose home office and wait for reply.
Hi 244.
I want to add with gareth that this called truly exceptional & should’t worried.
hi 243,
please apply 14 years ruls through immigration solicitor.
hi 235,
HI 233,
Please apply through immigration solicitor under ECHER art 8 disclose everything to UKBA.no worry it is the rihgt way.
May 28th, 2009 at 2:57 am
Pls answer 245
May 28th, 2009 at 3:02 am
pls answer 246
May 28th, 2009 at 4:31 pm
Hi Susan, read what Hasan said in 248 – the best way to apply is failed asylum seeker UKBA scheme.
Thanks for continued support Hasan, we all apreciate your help.
May 29th, 2009 at 9:34 am
I came to uk in oct 2005 as a tourist visa for 6 months n before the visa expired i apply for student visa but been refused for the 2nd yrs n im a overstayer now.I have a baby who is 4 months old now n is a british citizen,my partner is married n is a british citizen n refuse to divorce so im single living with my baby.I wonder that can I apply to stay in Uk legally cos my passport will expire in 2011 n im from malaysia so i wont be able to renew mt passport here in malaysia embassy,pls give me some advice what can i do to stay in uk legally.Many thanks
Hi Jem – there’s really nothing you can do to stay here legally, sorry.
May 29th, 2009 at 2:39 pm
Dear viewer,
I want to say what I advise this is not final cos i did not see your documents just only bassis of your questions.This priliminary idea.so when anybody want to apply please ask help from immigration solocitors.
May 29th, 2009 at 9:58 pm
my friend and her 3 cildren age 13 years, 8 years and 5 years old been in the UK since 2002 and apply for asylum in 2003 but this was refused, I just want to find out if she can apply under ECHER art 8 or Legacy scheme.
May 29th, 2009 at 11:08 pm
I have been here 8 years legaly with my wife. we have 3 children and the eldest is seven years. All of them were born here and are in full time education. My wife has been working all these years in full time job and pays tax as well.\n\nWe do charity work to support the community in which we live. My present situation will not allow us to renew our visa again that will enable us to apply for 10 year rule. We don’t have any criminal record and we support ourselves without public fund.\n\nCan we make an application under article 8 of ECHR since we don’t have any chance of renewing our visa again? Please we are very confused of what to do. We need your advice. Thank you.
May 29th, 2009 at 11:37 pm
Hi 254
yes!legacy scheme.
May 30th, 2009 at 10:03 am
Hi 255,
you have a good chance of renewing visa like if got uk approved graduate degree.you will get easily two years IGP THEN YOU CAN APPLY THE THE 10 YEARS RULES.
May 30th, 2009 at 6:17 pm
my partner and i i have both been in the uk since 2001 illegally.we have a five yr old and a 1yr old.was told to wait until about six yr old to put in a human rights application.do u think this is too soon
May 30th, 2009 at 7:36 pm
hi gareth,
thanks for the answer(243) but i am a bit confused regarding the event that block the long residency.
After my application was refused in 2002 this is what was stated:
” You no longer have any basis of stay in the U.K and should make arrangements to either leave the U.K or make an application in your own right under the U.K immigration Rules”.
Is this statement a removal statement,or could it stop the clock at 2002?
Please i need to know and it worries me very much.
Thanks and God bless you
May 31st, 2009 at 12:13 am
Hi Hassan,
Thank you very much to answer question(255). I am saying there is no way we can renew our visa when it expires. That is the reason why I am asking you for advice.
May 31st, 2009 at 9:26 am
hi, this is my 1st post. i am on HSMP visa and now will apply for indefinite leave to remain and i have a daughter who was born in uk and is 1 1/2 year old. i got indian passport for her but no visa has been stamped, now can i send her passport with rest of the family for ILR or do i need get her dependent visa first and the to apply for ILR.
Ali
May 31st, 2009 at 9:27 am
my daughter has never been out of UK
May 31st, 2009 at 5:52 pm
Hi
I arrived to uk in 1993 clamied asylum but been refused in 1996 father of 4 british children age 11/7/4/3 they are british because the mother is always worked hard brining up my children away from poverty paying taxes etc, in 2007 i contact the HO because i thought the 14 years apply to me but since then thats 22 months i have to report to immigration center every 2 weeks also i left my job to avoid the company getting fined also i asked the HO to give me my passport back so i go back to my country and get a visa and come back but they saying they cannot find it because been 16 years ago. please advice.
May 31st, 2009 at 11:38 pm
HI261/262 please go ukba web page & read carefully:
20 May 2009 HSMP Forum judicial review: arrangements resulting from the judgment of 6 April 2009
HI263,
is your wife British?
June 1st, 2009 at 12:38 pm
Hi Hasan
Yes she is british.
June 1st, 2009 at 4:46 pm
Hi Gareth/Hasan,could someone please reply to number 215.Many thanks!!!
June 1st, 2009 at 6:08 pm
i m living in uk last 14 years with my wife and two children ages 7 and 10 years old all my depandent, i came here as a student after refusal of my visa for tribunal he give my right to appeal but i never appealed but i requested my MP to let me leave till complete my study. now i had complete my 14 years
can i apply leave to remain on lang residancy basis all that period i pay tex and never used public founds.
June 2nd, 2009 at 9:43 am
HI 265
LOOK LIKE COMPLEX BUT POSITIVE,BEST WAY CONTACT TO IMMIGRATION SOLICITOR.
June 2nd, 2009 at 9:57 am
Hi Gareth/Hasan.I and my wife came to uk(from ukraine) in 2001 on a student visa,then, same year i asked an asylum.In 2002 my case was refused, and we decided to stay illigaly. But told home office we r going home. I am living in the uk since 2001, with my 7 year daughter(she was born in uk) and my wife. My daughter goes to school,she cant speak ukrainian – only english.And many other reasons. We cant go back now. Please could u give us some advise. Do we have any chance, at least for our daughter? Thank you.
June 2nd, 2009 at 10:03 am
HI 266,
Are you married with British citizen?still your marriege is subsisting or not,if not it is vey difficult to do ——-.
HI267,
long resident family with children always positive,please contact to immigration solicitor.
June 2nd, 2009 at 10:18 am
hi hassan could you answer 259 please
June 2nd, 2009 at 8:50 pm
hi Hasan
British Home Secretary Jacqui Smith plans to resign ….. is it a good news for illegal immigrants ?
June 2nd, 2009 at 10:21 pm
Hi guys, thanks for your hard work. i thought i was lost and alone on this situation.
i came in England in 1999 illegally and i apply for assylum in 2000 but was refused less then 3month. all my applications was turn down and been living undergound for the past 8 years. i got a 5 years british son who live with my ex girlfriend. i spend every other weekend with my son. i go on well with my ex and she can fight for my case. i been studying to college and doing some volantary work and was in the law all the time. was waiting for Child concession but now its been drop what the advise for me. Thanks for your repply
June 3rd, 2009 at 9:25 am
HI 269,
you have best chance to apply under the UKBA Legacy scheme.
you can write in Russain language,i know very well.
Почему Вы не применяете ECHR под artical 8? Но у Вас есть лучший шанс применить подведенное лицо, ищущее убежища согласно схеме наследства.
June 3rd, 2009 at 9:45 am
hi hasan please answer 271
thanks
June 3rd, 2009 at 12:28 pm
Hi Hasan. Very gratefull for your reply. Spasibo.Ochen rad chto vu govorite na ryskom. ‘Но у Вас есть лучший шанс применить подведенное лицо, ищущее убежища согласно схеме наследства.’- ja eto predlozenie ne oche ponjal. Mozete objasnit?
Ja ochen bojalsa chto-to применят. No sejchas yze gotov. Mne nyzen horoshuj advokat, kotoruj bu vzjalsja za moje delo. A mozet vu b mogli vzjatsja za moe delo? Vu mne dali nadezdy. Bolshoe vam spasibo.
June 3rd, 2009 at 1:27 pm
Hi Hasan
All the solicitors say we will get back to you but they never do could you please tell what applications apply to me and I will do it myself many thanks.
June 3rd, 2009 at 8:57 pm
Hi ,
The events are as follows:
I came to UK as a student on the 19th of January 2001 with my visa valid from 11/01/01 to 11/01/02
My wife entered UK on a visitors visa on the 27th of April 2001 with my son Ashan visa valid from
26/04/01 to 14/06/01
Before my wife’s visa expired, i applied to the Home Office to have her visa extended , thus making her my dependant. On doing this application i sent my passport and relevant documents required for that process and i attached a covering letter . (at that time i was living at 2 Stanborough house Empson str Bromley-by Bow E3 3LY.
By the time that my passport was still at the Home Office i had to move house, i therefore wrote to the Home Office informing them about my change of address which would be: 132 Eastbourne Road East Ham E6 6AS. Also i made a query about where the matter stands with my application of wife joining husband.
Some time during the week preceding the 10th of March 2002 i received (1)my passport (2)my wife passport and all the documents that i sent with our visa extended up to 31 March 2003
24th of March 2003 my second child Alvin was born
Before reaching the end of March 2003, i reapply for the extension of our visa as the main applicant, and our visa were being extended till the 30th of January 2004.
Before reaching the 31st of January 2004, i reapply for the extension of our visa again as the main applicant, and our visa were being extended till the 30th of November 2006.
Meanwhile my third child was born ….31st of march 2004.
My wife and the three children travelled to Mauritius on –2nd of July 2004
My wife and the three children came back from Mauritius on –06th of September 2004
Before reaching the 30th of November 2006, i reapply for the extension of our visa still as the main applicant, and our visa were being extended till the 31st of March 2007.
February 2007 my wife enrolled for a three years degree course at the Universal professional and vocational college (fees for first year paid in full,- results for first semester obtained, results for the first academic year pending.)
5th of November 2007 phoned Home Office enquiry line to enquire if my wife could apply as the main applicant. Positive answer was given providing that the institution that she is attending is on the DFES Register. Which i checked from the web site that was given to me. On doing so i also checked for the college which i am actually attending , and at that time the college was on the DFES Register.
My wife Radha applied as the main applicant and on the 27th of November 2007 before our visa expired she sent all our documents to the Home Office for the extension of our visa.
On the 19th of December 2007 all our documents were sent back to us with a Refusal to Vary Leave or Variation of Leave. With the given reason that she entered the United Kingdom as a visitors visa.
On the 8th of January 2008 i then reapply, now as being the main applicant and once again i sent all the necessary documents required to the Home Office including all our Passport.
On Saturday the 26th of January 2008 all our documents were sent back to us and once again our extension of leave to remain were Refused, BUT this time our Passports were being held
i handed everything toi a solicitor who sent my application with all required and requested documents. such application was sent on the 29 th of april 2008. the decision from the Home Office was again a refusal.my solicitor hid this information from me. i was only made aware of that decision only after three months have passed.now i am looking forword to re-apply again because my first son(born in mauritius came to the uk at the age of 14 months) is now 9 yrs and 3 months ,my second son (born in uk) is six yrs and my daughter (born in uk ) is 5yrs …..what are my chances of being granted a n indefinite stay in the uk…..the only culture and language that the kids know is English
June 4th, 2009 at 9:09 am
HI 276,
YOU ARE FAIL ASYLUM SEEKER & FAMILY WITH CHILDREN WHO BORN IN THE UK, LIVES IN HER WHOLE LIFE.SO THIS IS VERY STRONG MERIT.you have best chance to apply under the UKBA Legacy scheme.I think don’t wait go to nearest immigration solicitor they know the HOME OFFICE LEGACY SCHEME JUST FOR FAIL ASYLUM SEEKER.
June 4th, 2009 at 5:26 pm
hi
my child has just turned 16 years and my papers are still at homeoffice. Is it possible for her to get a national insurance number or what can I do
June 5th, 2009 at 1:23 am
Hi Hasan, why is it that you don’t want to answer number 260. Please I needyour help.
Thank you.
Sccott.
June 5th, 2009 at 9:14 am
Hi, Hasan. Thanks for your advice.
June 5th, 2009 at 10:35 am
HI 281,
This live show lot of things we cannot say but yes you can apply under ECHER ART 8 Very careful don’t take any step without immigration solicitor.
Hi 280,
No worries if your son goes to school regularly, you will get it automatic needn’t apply. Just patient.
June 8th, 2009 at 10:36 am
hi gareth & hasan i am a overstayer for 7 years now & have met my partner in 03 we been living together for over 4years and a child who is now nearly 3,my partner has indifinate leave and i have made an application in early this year under the commom law basis i got a letter confirming that they receive my application & another stating that i should book an appointment to do the biometre they say if i fail to do so my application will be refuse so i did go & do it then i recieve a letter telling me my application been refuse to grant leave to remain because my leave to remain was expired when a made the application so therefore me & my child should be removed and go back home asap if a fail to do so i will be charge a fine and imprisonment and say that i cannot make an appeal please tell me what other option do i have to get any status please help me i,m so worried. please give me answer asap thanks.
June 9th, 2009 at 9:15 am
Hi Hasan
I Had engouh with my situation could you please advice HOW I get my passport back from the home office because I want to leave uk Asap to go and get visa and come back to the uk to be with my 4 children.The HO saying they cannot find my passport because been long time since they took it from me and thats is 16 years ago , so seems like no way out please advice, many thanks.
June 9th, 2009 at 9:26 am
hi gareth&hasan could someone please answer 284 please i need ur humble advice my head is all over the place, please help me.
June 9th, 2009 at 3:33 pm
I submitted my application on the 7 years basis and has never received a replied. The person who was supporting me with food and accomodation has withdrawn. I went to my lawyer to find out what to do and he told me that he cant do anything until he gets a reply from the home office. I am depressed because I dont have money to pay for my rent, food and my daughters clothing. Where can I get help from, I am not on benefits and never asked, is it possible for the home office to give me a work permit while I wait for their replies. I am really stuggling………………….
Hi Akeyo, sorry to hear you’re having such a hard time. Unfortunatley your solicitor is right, there’s nothing that can be done until the Home Office gets back to you. I’ve emailed a few companies to find out where you can get support and help. I’ll update this message when I find out.
As promised, some useful contacts:
JCWI (Joint Council for the Welfare of Immigrants)
115 Old Street
London
EC1V 9RT
Telephone: +44 (0) 20 7251 8708
Fax: +44 (0) 20 7251 8707
Email: info@jcwi.org.uk
http://www.jcwi.org.uk
Refugee Legal Centre
153-157 Commercial Road
London
E1 2DA
Telephone: +44 (0) 20 7780 3200
Fax: +44 (0) 20 7780 3201
http://www.refugee-legal-centre.org.uk
Immigration Advisory Service
190 Great Dover Street
London
SE1 4YB
Tel: +44 (0) 20 7967 1200
Fax: +44 (0) 20 7378 0665
http://www.iasuk.org
June 9th, 2009 at 3:36 pm
HI GARETH/HASSAN.THANKS 4 ALL THE ANSWERS TO PEOPLE’S QUESTIONS.I AM REALLY GRATEFUL 4 STUMBLING ON THIS WEBSITE AFTER YEARS OR WRRIES AND SLEEPLESS NIGHTS.I CAME TO THE U.K ON VISITNG VISA WITH MY 9MONTHS OLD SON IN JULY 2006.MY HUSBAND CAME IN AUGUST 2006.MY VISA EXPIRED IN NOV 2006 AND HIS OWN EXPIRED IN JUNE 2007.WE HAVE A LITTLE GIRL BORN HERE IN MAY 2007.I REALLY WOULD WANT MY CHILDREN TO HAVE THEIR EDUCATION HERE AND I AM TIRED OF LIVING A LIFE OF UNCERTAINTY.A COUSIN OF MY HUSBAND RELOCATED TO THE U.K FROM SPAIN LAST YEAR AND WE ARE THINKING OF APPLYING FOR EEA RESIDENCE CARD FOR FAMILY MEMBERS FOR EITHER MY HUSBAND ALONE OR FOR ALL OF US.DO U THINK IT’S A WISE STEP TO TAKE?WHAT OTHER ALTERNATIVES ARE THERE TO GET A STATUS.PLEASE I WOULD BE GRATEFUL IF MY QUESTION IS ANSWERED ASAP.THANKS
June 9th, 2009 at 9:33 pm
Hi Gareth
I came to the Uk in 2002, my partner had also acompanied me the year after. we had two daughters one dead at the age of two and half in 2006 and the one that is still alive was born in feb 2003 she is turning 7 in in feb 2010 me and my partner came on the two years working visa and after it finished in 2004 we went to a student visa. is not easy but we never applied for any public fund we are working hard our only worry is that we were hoping to applied for our daughter for a british passport as she has never left this country can you please tell us where we stand with this new law in regards to this matter.
June 10th, 2009 at 9:01 am
hey, would be really grateful if any of you could text me a human right sollicitor details in london area or sheffield orchideeblanche37@yahoo.co.uk many thanks
June 11th, 2009 at 5:43 pm
hi’
what is the importance of article 8 in relation to the seven years concession.pls enlighten i have put an application to home office for ilr for over 3 years.they got back to me as valid application but haven’t heard anything since then is everything alright?
June 13th, 2009 at 4:09 pm
Hi,
i have lived in the u.k illegally since 2001.I have two kids one aged 5years and the other aged 3years old.pls do u think it will be possible to make an application under the E.C.H.R Acticle 8,human right law.your reply will be highly appreciated.
June 13th, 2009 at 6:10 pm
hi orchidee you can email me my case is similaire to yours i will give you my soliciter adresse my website is rob.khalfa@yahoo.com by
June 15th, 2009 at 2:40 pm
hi. My baby is 14month and he was diagnozed very rare disease and id we goback to my country my baby will die. because there is not any treatment for this disease. my visa expired last year. What should i do?
June 15th, 2009 at 8:55 pm
Hi, Gareth/ Hasan
We came here with our son on 2001/12/18, who is 5 years old in that time. Now 7 years concession has withdrawn, how can we apply for ILR. Please kindly reply.
Thankyou very much.
June 16th, 2009 at 1:13 pm
Hi. Could anyone recommend good human rights solicitor.I want to make an application under the E.C.H.R Acticle 8,human rights law. I’ve seen couple and doesnt seem they know what they are doing.Please, I’ll be very grateful. Thanks.
June 16th, 2009 at 4:12 pm
Hi every one here is some details about the article 8 of the human rights and how does the applications are concidered by the UKBA ,i got this while i did some research.
order Force Operations Manual
Appeals Article 8 HRA Representations
Border Force Operations Manual 1
Consideration under Article 8 of the HRA
1. Introduction
Three recent judgments handed down from the House of Lords have had an impact
on the way the UK Border Agency must consider human rights claims under Article 8
of the European Convention on Human Rights (ECHR).
This instruction sets out the background to these cases and the revised consideration
process for all staff in the UK Border Agency considering Article 8 claims. This
instruction should be read as a supplement to existing instructions and provides the
most up-to-date advice. There are aspects of the existing policies that cannot be
applied in their current form. These will be updated to reflect the information
contained in this instruction in due course.
2. Summary of the cases
In the case of Chikwamba v The Secretary of State for the Home Department [2008]
the House of Lords considered the lawfulness of arguing that a person relying on
Article 8 should leave the UK in order to apply for entry clearance. The House of
Lords found that only in a small number of cases involving family life, and particularly
those involving children, will returning the applicant to make an entry clearance
application be proportionate.
In the case of Beoku-Betts v The Secretary of State for the Home Department [2008],
the House of Lords considered the extent to which the Article 8 rights of family
members who are not party to proceedings should be considered and found that the
AIT should now expressly consider these rights. This does not significantly alter the
current casework consideration process because the UK Border Agency’s policy was
already to consider the rights of family members at the initial decision-making stage.
Finally in the case of EB Kosovo v The Secretary of State for the Home Department
[2008] the House of Lords considered what bearing delay in decision making has on
a person’s rights under Article 8. The judgement clarifies the way in which the effect
of delay in consideration of an individual’s application will affect the proportionality of
a decision to remove and identified three ways in which delay might be relevant.
Decision makers in the UK Border Agency will now have to consider the impact of
delay in these three ways outlined in the judgement (see section 6 below).
3. Impact on the UK Border Agency
The findings of the three cases are binding on the UK Border Agency. Therefore the
policy in relation to the consideration of Article 8 claims is being revised. All those
dealing with Article 8 applications and issues should now follow the revised
consideration process set out in the following paragraphs.
Back to Top
Border Force Operations Manual
Appeals Article 8 HRA Representations
Border Force Operations Manual 2
4. Consideration Process
When deciding claims under Article 8 it is still necessary for an individual to make out
his or her claim before a decision is made that their removal would breach Article 8.
All staff should still complete the standard five stage consideration process.
Stage 1: Does the claimant have a family or private life in the UK?
Stage 2: If family life exists will refusal/removal interfere with that family life?
Stage 3: If there is interference with family life, is it in accordance with the law?
Stage 4: Is the interference in pursuit of one of the permissible aims set out under
Article 8(2)?
Stage 5: Is the interference proportionate to the permissible aim?
Stages 1 – 4 must be considered broadly in line with existing guidance. If a case can
be refused on the basis that there is no family or private life, or on the basis that
there is no interference with that family or private life (for example because all the
members of the family are to be removed together), then the recent cases do not
make a difference to that refusal.
The recent cases primarily affect Stage 5 of the consideration process. The task for
decision-makers in assessing whether any interference in family life would be
proportionate is to:
• Consider all the relevant factors, weigh up relevant considerations and decide
whether refusal or removal will result in a disproportionate interference with
Article 8 rights.
• If refused, explain fully the consideration of these factors in the refusal letter
In addition to existing guidance on the factors to consider when assessing
proportionality caseworkers must also consider the following:
• Whether it is proportionate to require the individual to leave the UK and apply for
Entry Clearance, having regard to the factors set out by the House of Lords in
Chikwamba and
• What effect any delay in decision making has had on the proportionality test,
having regard to the factors set out by the House of Lords in EB Kosovo.
5. Is it proportionate to require the individual to leave the UK and apply
for Entry Clearance?
Until recently the UK Border Agency’s policy has been that if there was a procedural
requirement requiring a person to leave the UK and make an application for Entry
Clearance then such a person should do so. In such cases interference with Article 8
would have been considered to be temporary and therefore likely to be proportionate
and many cases have been refused on that basis. However, the policy position has
changed in light of the judgement in the case of Chikwamba v The Secretary of State
for the Home Department [2008]. The House of Lords held that although the policy
had a legitimate objective, the way it had been applied (i.e. in a fairly universal
manner) was essentially wrong and that it is only comparatively rarely that it will be
lawful to require someone with family here to return home and apply for entry
clearance, particularly where children are involved.
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Border Force Operations Manual
Appeals Article 8 HRA Representations
Border Force Operations Manual 3
The House of Lords emphasised that cases should, where possible, be considered
fully at the earliest stage. Applicants making Article 8 claims still need to demonstrate
on the balance of probabilities that they enjoy private and/or family life in the UK and
that there would be an interference with that private and/or family life if they were not
allowed to remain in the UK. The UK Border Agency, if minded to reject the claim,
then has to show that the interference is proportionate, having regard to all the facts
of the case.
Returning an applicant to his/her home country in order to make an entry clearance
application may still be proportionate in a small number of cases. All cases must
therefore be considered on their own merits and a decision made about whether it is
appropriate to expect the individual to go abroad and apply for entry clearance.
For the process of assessing whether it is appropriate, the House of Lords
considered that the prospective length and degree of family disruption involved would
always be highly relevant, but accepted that it could well be proportionate to enforce
removal in a case, for example, where there was an appalling immigration history or
an abusive asylum claim, providing the practicalities of going abroad to obtain Entry
Clearance did not entail a serious disruption to family life.
The Lords considered it would also be relevant to take into account any delay in
considering the claim for which the applicant was not responsible (see section X
below). They also accepted that there would also be some cases where the Entry
Clearance Officer (ECO) would be better placed to investigate the claim than the UK
authorities, although this would have to be balanced against the disadvantage to the
applicant in being unable to give evidence at the appeal hearing of a refusal to grant
Entry Clearance.
Examples of where the ECO may be better placed to assess an application could be
where knowledge of local laws and customs are highly relevant or where the ECO,
rather than the UK authorities, is better placed to assess the genuineness of a
marriage or a claimed relationship between family members. This might include, for
example, cases where it is not clear whether the applicant is legally divorced from a
previous spouse.
It may be appropriate to contact the issuing post to determine how long the
passenger would have to wait for an EC application to be considered as this would
have a bearing on the proportionality of requiring the individual to leave the UK.
6. What effect does a delay in consideration have on the proportionality
test?
In the case of EB Kosovo v The Secretary of State for the Home Department [2008]
the House of Lords considered what bearing delay in decision making has on a
person’s rights under Article 8. The Lords identified three ways in which delay would
work in the applicant’s favour;
1. By allowing the individual to develop closer ties to the UK in terms of family
and private life;
2. Where the individual entered into a relationship or established private life after
arrival in the UK, by reducing the significance of the fact that the individual
and any partner knew the individual had no right to remain; and
Border Force Operations Manual
Appeals Article 8 HRA Representations
Border Force Operations Manual 4
Back to Top
3. By reducing the force of the argument that removal is necessary in the
interests of upholding immigration control if the delay is shown to be a result
of an inconsistency in outcomes which will have a bearing on the
proportionality of removal or requiring an applicant to apply out of country.
This point, on consistency of treatment between one applicant and another, is
one of fairness. The House of Lords saw it as particularly significant that EB’s
cousin, with whom he had arrived in the UK and who claimed asylum at the
same time on the basis of the same facts, had his claim dealt with without
delay and was granted ELR (under the policy then in force) (and later ILR) as
a result. Delay in decision making may therefore make removal
disproportionate if the applicant:
• can demonstrate that as a result they were treated inconsistently with
other applicants in similar circumstances or
• had an expectation that their case would have been handled
differently had it been considered earlier (e.g. that they would have
benefited from policies in place at that time).
7. Review of previously decided cases as a result of the Lords’
judgements
If we have refused substantively on the basis that the Article 8 claim fails on stages 1
– 4 or on stage 5 for reasons unaffected by the findings of the House of Lords in
these three cases, and, if applicable, that refusal has been upheld, then the decision
to refuse can be maintained. In other cases, the case will need to be reconsidered
and either a fresh decision to refuse taken, applying the new case law, or conceding
the case. In some cases it might be necessary to invite further representations from
the applicant to enable this to be done.
Care should be taken to identify whether, in fact, other factors were/are present that
can be relied upon to support a refusal, even if these factors were not referred to
expressly in the original refusal.
In cases where the decision cannot be upheld at appeal or in judicial review hearings
the following scenarios apply:
Hearings in the AIT including initial hearings, error of law hearings (first stage
reconsiderations) and second stage reconsiderations – withdraw the decision so that
the appeal falls away and the decision can be retaken with proper regard to the case
law.
Court of Appeal – Seek agreement with the Appellant to remit the case to the Asylum
and Immigration Tribunal or to the SSHD.
Judicial Review – Seek agreement with the other side for the case to be remitted to
the SSHD for a decision to be retaken.
Cases where appeal rights are exhausted (ARE)
Border Force Operations Manual
Appeals Article 8 HRA Representations
Border Force Operations Manual 5
Further representations are likely to be submitted where cases come within the terms
of these judgements. These should be referred to a senior caseworker if it is
proposed to reject the representations.
Document Control
Change Record
Version Authors Date Change Reference
0.1 Susan Hunter – BCP 13.08.08 Version 0.1
Review
Reviewed By Name Date Position
Issue Control
Approved for
Publication by Name
Date Role
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June 16th, 2009 at 11:32 pm
Hello Gareth
I am a failed asylum seeker,with 3 children i still have to go to high court for my last chance to appeal.Can my 12 years old go and seek asylum in her own right though she is my dependant.pls advice
June 18th, 2009 at 2:31 pm
Thank you, My son was over seven years before the concession was withdrawn, I applied and by 5 months i had a refusal, later UKBA wrote to me that it was an error, they then demanded other documents which I supplied all, after 6 months I had a refusal letter with no right of appeal, I dont know if this seven year concession really works all the my lawyer says she can force an appeal which I have to pay more money, she has made the representations, please advice do you think I will be successfull?? Thank you. if you need more info I will give it to you. I applied before it was withdrawn.
June 23rd, 2009 at 8:41 am
Hi, Gareth/ Hasan. my daughter was born in the United Kingdom on or after 1 January 1983 and lived here up to the age of 10. Can she apply for British citizenship if i am a faild asulym seeker?
Thanks
June 23rd, 2009 at 5:17 pm
Hi Garet, thank you for you assistance, I just want every one writing in to just keep the faith and hold on thats what i am doing, its not easy when your intregrity has been taken away from you and there is no where out to feed your children, rent , light, food clothes and gas has to be paid for yet, the HO sit around not caring how people survies after waiting to hear their fate. this is really stressful depressing and sad, but how long can this go on i am sure they can take as long as they want but it surley can not be forever.
June 24th, 2009 at 10:07 am
hi 300,
yes!you can.
June 24th, 2009 at 4:50 pm
Hi Hasan
Could please reply to msg 285 many thanks.
June 24th, 2009 at 5:34 pm
hi could someone please ans 284 please
June 25th, 2009 at 9:15 am
AB – if you’ve been here continuously for 16 yrs you can apply for ILR, I wouldn’t advise leaving the country as that might affect your application.Fill out form SET(O) from the UKBA website
June 25th, 2009 at 9:20 am
Hi Tope, if your 12 year old was born in the UK I can’t for the life of me imagine how they can separate you. Read what Angelina wrote in 297. What does your solicitor say?
June 25th, 2009 at 9:20 am
HI 285! if the home office issued letter that they lost your passport,with this letter you can show your own embassy then you will get your passport.sometimes HO PAID THE FEES IF THEY LOST.
HI 284
follow the home office instructions consulting with your lawer withen the HO TIME.
June 25th, 2009 at 9:28 am
I can’t recommend any human rights lawyers personally but you might find a good one if you Google: Immigration Law Practitioners’ Association (ILPA) and look in their directory. The HSMP Forum might also be able to point people in the right direction. If anyone finds one please report back and let others know
June 25th, 2009 at 9:37 am
Hi Moria (288), unfortunately the eea won’t work because you and your husband have both overstayed and are here illegally. Unfortunately your only option is to leave the UK.
June 26th, 2009 at 3:11 pm
Hello Gareth,I had a reply from AIT today that I dont have right of because through ppeal because as at the time of my application i DIDNOT HAVE LEAVE TO REMAIN OR ENTER” What I dont understand is this 7 year concession seems not to matter at all in my case I know of a few friends in my situation who didn’t go through this hell, please advice my solicitor says that she will be making another representation to HO, is there no where eg High court or EEC court that we can take this to or is it ok to make another representation, I think as far as they have refused you they will not go back. Also I think AIT is not an independent body from HO. Ho nefend
June 27th, 2009 at 9:39 am
hi 310,
when you applied? Is your child lives in the UK continuously 7 years or not?
June 27th, 2009 at 8:33 pm
Hello Hasan,
I applied before the 7 year was withdrawn, my son will be 9 in December and he was born in the UK, Home office refused me with no right to appeal and my solicitor made a representation to AIT which was refused yesterday and now my solicitor says she wants to make another representation to the home office, I want to know if there is any chance of success or do I have to take my case to the high court?? please help as I am confused
July 1st, 2009 at 2:41 pm
Hello Hasan/Gareth can you reply to 312
July 1st, 2009 at 4:04 pm
Hi John, contact the Immigration Law Practitioners Association: ilpa.org.uk. Read the following text and judge for yourself:
DP5/96 said that there was a general presumption that the UKBA would not proceed with enforcement action involving a child when the child was born here and had lived in the UK continuously until the age of seven or over; or had come to the UK at an early age and accrued seven or more years’ continuous residence.
However, it added that there would be circumstances in which it was considered that enforcement action was still appropriate despite the lengthy residence of the child, for example in cases where the parents had “a particularly poor immigration history” and had “deliberately seriously delayed
consideration of their case”. The following factors were considered to be relevant in reaching a judgment on whether enforcement action should proceed:
* The length of the parents’ residence without leave; whether removal has been delayed through protracted (and often repetitive) representations or by the parents going to ground;
• The age of the children;
• Whether the children were conceived at a time when either of the parents had leave to remain;
• Whether return to the parents’ country of origin would cause extreme hardship for the children or put their health seriously at risk.
• Whether either of the parents has a history of criminal behaviour or deception
July 2nd, 2009 at 10:04 am
Hi John,
I want to add with gareth that Read the paragraph 53 of UKBA and judge for yourself:
These include cases where; an application has been outstanding … dependant children with long residence will now be considered under the Immigration Rules …ind.homeoffice.gov.uk/sitecontent/documents/…/chapter53?view=Binary
July 9th, 2009 at 12:10 pm
hello
i need some help.i come to uk in december 2000 with visit visa and start living here. over stayed i come with 2 kids who was 3 year and 2 month. i had another baby in 2006 born in uk.i was thinking to apply seaven year concesion but now it is withdrown.so can you tell me any other way to apply for leave to remain.
July 13th, 2009 at 3:00 pm
Hi, my application been at H.O for past 2yrs,have two kids 5 and 4 based on article 8,H.O said will get reply by march 2010 am scared if it will favour me,though has alot of family members here who are british but my husband is not.Do i have a chance?my first child will be 6yrs december.
July 15th, 2009 at 10:21 pm
Hi Gareth or Hassan
I am with my family in uk since 2003.My son is 9 years old and is 6 years studing here.
I made the application to the home office before 7 years and it was refused.
They send me a form IS.96 but i never went there because I was scared to be rempved from the country.
My wife will give birth this year again and what I want to know is:
-Can I make a new application for to the human rigts and now include my new kid?
-Do I have any chance to get yes from them?
-How can I proceed?
thanks,
July 16th, 2009 at 10:05 am
Hi Gareth,
I am in Uk since 1999, my student visa was refused in Dec 2007 and then again in jul 2008 Since then applied visa for m Mrs who is dentist to give her exam but hat has now refused aswell. My daughter is 6 years 2 months can we apply on her basis now that the 7 yr rule is abolished.
July 16th, 2009 at 8:34 pm
hello can you tell me any solution,
July 17th, 2009 at 10:15 am
Hi Hassan/Gareth.If my application for human rights claims under Article 8 was refused or there was deportation order, can i still apply for british citizenship for my daughter under 10 year rule(she was born in Uk in 2001)? I’ll be very gratefull for your advice.Thank you.
July 18th, 2009 at 8:59 am
Hi,please can you explain who liverpool charged case work team are, whose cases they deal on ?i got a letter from legacy team months back though never seeked asylum,and now a letter from liverpool charged casework team with my case workers name etc just like legacy team are they the same am confused can a case be legacy without asylum claim?Mine is article 8 based
July 18th, 2009 at 3:53 pm
Hi Pearl you must be very lucky to have recieved a legacy form , please do not hesitate to complete and send it back.A friend of mine whose case was article 8 was sent same form and just yesterday she got her indefinate leave to remain. I wish i am in your shoes
July 18th, 2009 at 5:20 pm
Hi Pearl, Could you explain your circumstances, how did you apply and what documents you sent to them. I strongly believe that a lot of people will be benefitted from such an information of simillar case in this forum. Thanks
July 19th, 2009 at 8:54 pm
Hi , would anyone advise me if in my case i could aply for something with basis on ECHR?…i am overstay in uk since 2005,i was studing at beggining ,and after that finish my long distance course, always worked in lawfull places and have a 2 1/2 son born here and i never got any help from govermment to help me , also never been out side the uk since then , my son is going to the nursery wich i pay as well….could i get any advise pls! thank you
July 20th, 2009 at 8:54 pm
hassan,dolothy…i meant i was studing english in 2005,and 2 years later i started my long distance course wich i finished last years,but anyway what i need to know if they can deport me even with my 2 years and 1/2 son…it really worries me , but i cannot go back to my country now and hes going to nursery and hes speaking more english and was born here,pls advise me what to do…thanks
July 24th, 2009 at 5:36 pm
Hello every one
hope the following below news will bring smile on my fellow undocumented friend in Belgium
Belgium launches amnesty for illegals
The Prime Minister Herman Van Rompuy (Flemish Christian democrat) has released the details of the Federal Government agreement on the regularisation of illegals
In order to be successful, applicants will have to show they are integrated into the community.
Illegals who have lived in Belgium for at least five years will be able to apply for a regularisation of their situation between 15 September and 15 December.
If successful, they will be granted papers that will allow them to stay in the country legally.
It is the Secretary of State for Asylum and Immigration, Melchior Wathelet (Francophone Christian democrat), who has the final say.
People who been working in Belgium for at least two years and a half can also apply for a residence permit. They will have to produce a labour contract and a regional labour card.
Other factors that can count in applicants’ favour include anguage skills, following a literacy course or having children at school.
“Where is the clarity?”
Bar the ecologists of Groen! all opposition parties have slated the regularisation. The Government had promised clarity regarding the regularisation criteria. All opposition parties say that no clarity has been provided.
They also argue that the Asylum and Immigration Secretary has been given too much discretion.
The Asylum and Migration Forum that defends the interests of illegals has welcomed the accord.
It says that the one-off regularisation will provide a solution for many foreigners who have been living in Belgium in pitiful circumstances for many years.
flandernews.be/expatica
if any fellow Belgian not aware of this news than pls chase up with the immigration dept or ur local solicitor
Thank
Ali
July 24th, 2009 at 5:44 pm
Hi Tope/Pearl
dats really a positive news for this forum
can u pls let us know how long ago did ur friend applied article 8 and how long he/she in uk and whats docs did ur friend supplied to the HO pls can u elaborate ur friend’s case pls
Pearl we will appreciate if u give more details abt ur case
I am here from last 6 yrs with family and bit scared of the deportation dats why not done any application related to Article 8
pls help us and that will incourage us to do Article 8
application
Thanks
Ali
July 24th, 2009 at 6:17 pm
HI,i submitted my application since 2007 based on compassionate grounds and article 8 my daughter will be 7yrs this year i guess its the lenght it took to look into the case by HO heard they want to clear backlog by july 2010.The document i submitted letters from friends and family who are british,letter from school and bills till date nothing more all done by my solicitor
July 24th, 2009 at 8:39 pm
hi pearl
Thanks
Do u think its worth doing an Article 8 application now ?
as one of the solicitor say there is no such form for article 8 application we need to write a letter to HO to make an application and if they accept our letter than they will ask us to fill certain form which they will send us and tell us how much fees we need to pay…… is this the procedure pls advise.. Hasan
Thanks
Ali
July 29th, 2009 at 4:32 pm
to whome it may concerns
I been advised from a very good solicitor about situation of families with childrens who didn’t reach the seven years ,to wait till they complet this years then apply under the article 8 otherwise you minimise your chances and any way you won’t have any reply till you get the 7years completed and you put your self in risk no matter if you have children at school ,this soilicitor could take my case to make money since he know it’s not 100% sure .and my opinion is to wait till you get 7 years complited than you start your application.
Good luck to every illegal immigrant and God protect us.
August 1st, 2009 at 6:24 pm
They are refusing people who applied for the 7 year concession before it was withdrawn, I am one of them and I know about 3 people who have been refused, we all applied before it was withdrawn. I think there is something going on, we have to be very careful.
August 1st, 2009 at 10:13 pm
hello Ali/ Hasan/ Garath
can you please read colum no 316 and give any sugesions about my case
looking for your reply
bebo
August 2nd, 2009 at 10:23 am
JOHN,
7 years policy, do u apply yourself or by solicitor? are the children continuously live in the Uk with their family?are the children parents had a deportation order or illegaly lives in the UK in the time of application?
August 2nd, 2009 at 12:22 pm
hello hasan,
pleaseeeeeeeeeeee read 316 and give me some advise pleaseeeeeeeeeeeeee.
August 2nd, 2009 at 10:11 pm
Hasan, my son has lived in the UK since he was born and never left the UK I am here illegally and my application was made by a solicitor (one of the best) but I was refused with no right of appeal.
August 2nd, 2009 at 10:16 pm
316 it is not easy now, either you get yourself a very good solicitor or wait for sometime before you make any application,
I have been there, my son was born in the UK 9 tears ago, I have made an application and I have been refused. All the same dont let this discourage you pray and get a good lawyer. Try DAVY BAL SOLICITORS
August 4th, 2009 at 11:41 am
John acquah
My application was refused as well.Do you know for how long I need to wait before submit a new application?I applied before my son reach 7 years.
thanks
August 4th, 2009 at 12:48 pm
AND. 338 WHAT APPLICATION DID YOU MAKE? AND HAVE YOU BEEN SERVED WITH DEPORTATION OR REMOVAL ORDER? IF YES THEN YOU NEED A SOLICITOR TO MAKE THE ECHR ARTICLE 8 APPLICATION, ALTHOUGH IT IS NOT EASY TO WIN BUT IT IS WORTH THE TRY AND DONT FORGET YOUR PRAYERS. GOD BLESS
August 4th, 2009 at 12:57 pm
John acquah.
Yes.I received a removal order and also they sent me a letter to report me but I never went there.I was scared to be deported.my wife will give birh again and I will try again after that.A not answer I already have.The only thing can happen is they give me another not.But for God not is impossible.
thanks,
August 4th, 2009 at 6:38 pm
I came in 2002 with a 2 and half years old son, was legal until Oct 2007 as a work permit holder then tried with different employer but the last one refused in last June.So overstayer from Oct 2007. My child now 9 and half years that means he has just completed 7 years. If there anyone to give me any advice in this forum?
August 4th, 2009 at 7:28 pm
And. 340 You shold have reported as they will have never sent you home, because you didnt report I think you need a very good solicitor and you need it now before your wife gives birth as when she is pregnant it is hard to deport. Get a solicitor and explain everything, tell the whole truth, dont lie and they might be able to help, always remember that wit God all things are possible, dont forget your prayers.
God bless
August 4th, 2009 at 7:32 pm
Dolothy. I think you have a strong case as you had a leave to remain/enter, I think with a good solicitor you might be lucky, as it is really hard to win with the ECHR article 8, seek legal advice now.
God bless
August 4th, 2009 at 7:40 pm
GENERAL ADVICE
I have spoken to a solicitor (HUMAN RIGHTS) Danielle Cohen, She said to me that in most cases the ECHR article 8 works more effectively when HO gives you the removal order, thats when lawyers can build up a case for the reason why you cant be deported. When you read through HO guidelines for caseworkers, if someone here illegaly applies for regularisation that person should be refused outright “UNLESS …..” so if you are illegally here they “HO” will assume that you should in the first place not be here so refusal will be the first answer. So my friends dont despair when you are refused you have to fight on especially for our children.
Stay blessed
August 7th, 2009 at 5:39 pm
hello jone
thank you you replyed me. please can you tell me any way which i can do .what about artical 8. how many chanceess have got.
pleaseeeeeeeeee reply me quickly pleaseeeeeeeeeeeeeee
thank you again.
August 7th, 2009 at 6:02 pm
Hi bebo.I will advice you to apply under article 8,although the success rate is low because it is 50/50.But is better to take a risk with it than not doing anything.The earlier you submit an application the better because you do not know what is around the corner.Although mine was refused on the ground that I have not be UK for long even though I came Illegal to the UK in 2001 and my children 5/3 years Old.But it should not deter you from apply .Those who came illegal and got their status regularise did not get it on a platter gold.
August 8th, 2009 at 9:18 am
Thank you everyone for taking part in this interactive forum. What we need now is more people’s participation and more individual experiences. Thanks
August 8th, 2009 at 7:05 pm
i am really sacred 2 apply for Artical 8 no positive feed back yet
August 9th, 2009 at 8:17 pm
hi angelina,
I been advised since dec 2008 to wait until the chlidren seventh birthday to start the process, then apply under the article 8 otherwise the HO WILL HAVE ALL THE WRONG REASONS TO REFUSE THE CASE, not 1 or 2 but several good lawyers, for me , i got another year to do, hope i will be some changes somwhere, something need to happend. I dont want to dream but do wish an amnesty to save all of us for the future of our kids..
August 10th, 2009 at 2:56 pm
please help. my partner is a failed asylum seeker, and i am english. we have a 2 year old daughter together, and would like to get married. we have had an flr(o) form with the home office since july 07. we would like more children, but dont want to plan anything until we have a decision. there is a deportation order on him, and our local MP has put in a letter of recommendation with our case with the home office.
is there any way we can speed things up, or advise on wether we should put a different application in.
August 11th, 2009 at 5:12 pm
Hi Orchidee
Absolutely right,we have to wait till the kids and the parents spend 7 years or more continuesly in Uk. their will be no removal any way after long period specialy when you start your application ,just need a good soliciter and be patient And God will Help,I am in the same situation one more year to start my procedure .
August 11th, 2009 at 5:58 pm
Hi Angelina.No matter the age of the child whether continuously living in UK or not,it does not stop the HO from being biased.It is not how good a solicitor is,it just luck and God’s grace ,especially if one is undocumented immigrant.I will advice you to read what Hassan and Gareth said on Article 8.
August 11th, 2009 at 8:17 pm
HI EVRYBODY,
please read this information which from ILP and judge by law should not be scared The reference to the Human Rights Act1998 relates to the European Convention on Human Rights, which that Act adopts into UK domestic law 395D. In particular, it relates to Article 8 of the Convention – the right to private and
family life.
In many cases where DP5/96 would have applied, it will be possible to rely on Article 8.
However, two important differences between the DP5/96 and Article 8 must be noted:
• Article 8 is not restricted to children who have been in the UK for 7 years or more.
There may be cases where a child has been in the UK for less than 7 years in which
removal will not be proportionate.
• Where it is decided that removal should not proceed because of Article 8, this usually
leads to a grant of 3 years Discretionary Leave. Nevertheless, under paragraph 395C of
the Immigration Rules there remains power for the UKBA to grant indefinite leave to
remain in cases where it would previously have granted indefinite leave to remain under
DP5/96. The Minister’s statement refers to the Immigration Rules, and makes no
suggestion of any intention to change the type or period of leave to be granted in these
cases. It may be useful in future cases to refer to both paragraph 395C of the Rules and
to Article 8.
August 15th, 2009 at 11:07 am
hi,
i have a 18 mnths child and i live here without any status but i dont want to go back can u advice me how long will it take to get the right to live here.
August 15th, 2009 at 11:10 am
forgot to add that she is born here and i too work here. before there was a 10 year rule. but it has changed now we r already here since 7 years but is there any chance or hope still please guide me.
thanks
August 15th, 2009 at 11:44 pm
hello
im in uk since 2004 iv got a child of 6 at school and a daughter of 2 and since 2004 ive been working for a big firm continiosly till last week they started checking on documentation so i told the big boss about my case and he is ready to helpe me but he has no clue what to do please advise me i cant survive without this work
August 16th, 2009 at 11:51 pm
So urgent! Hi all
on JUly 09, i was refused variation of leave to remain b/c i didn’t have a particular leave to remain and was given a one stop warning to inform why and on what ground should i be allowed to remain in Uk. I lived with family since 2002, can you please advise me on this issue? shall i respond to the HO making reference to human rights? i am desperate for ur kind advice as I have to make decision as to what to do next. Gareth and hassan would you also care to answer please?
August 18th, 2009 at 8:32 am
This is a concern as once a stop order or refusal is placed in your passport a number of things happen ad your name is put onto a register. It will be difficult to have that refusal however, you have two choices now.
1, Go home.
2, Fight to stay.
You need a good firm who can fight your case for you. I say that because these things can become complex. You can metion humman rights but these days these cases are processed and dismissed very quickly. No point in submitting a case based on fibs.
August 18th, 2009 at 8:37 am
It is good to know you have the support of your boss. You failed to say what you did with the firm. If you are a cleaner the company will not be able to help but if you do a skilled job they can secure a tier 2 permit for you. Can I suggest you contact a company to register your company with BIA so they are able to employ overseas nationals. Outside of work I would also like to know your ancestry and current relationships to see what other routes we could use.
Chin up in these tough times – I know of alot of employers now checking papers.
August 18th, 2009 at 8:39 am
Congratulations on your baby. I can not say how long it will take as you have not told me anything about you. based on overstaying with a child yes there is the concession but in the comming year(s) as the economy worsens so will the rules and people will find it harder. try not to rely on things that can change. What other qualities do you have that we can use?
August 18th, 2009 at 11:57 am
Hi greath,
It is urgent,please do have any idea that one of my friend applied 4 years ago under Artical 8 .Now he got fax from lagacy department UKBA that he need 4 photo for each children and his wife also need to confirmation that he want to include with his application all dependants.
He did everything last week but my question is what does it mean?
August 21st, 2009 at 4:36 am
hi plz plz plz its urgent reply me i came in this country 8 year ago with my father he was main asylum applicant but my father seprated and he left us in uk and gone back then my mother appied for asylum its totly refused ,then my solicitor advised me to do case on my own rights its refused as well now we are living illegely. myself im in the situation akin to marriage my mother disowned me but i miss my younger brother and sister who are with my mother they came when they were 10 year old now 18 just conceren about them can they come in seven year policy i will be very thankful to u if some one can reply
August 22nd, 2009 at 4:43 pm
hi Gareth and hasan
plz reply me i am waiting despretly .I came here 8 years back with my parents. My father applied for asylum.he refused.My parents seprated here in uk.Then my mother applied she is refused.After that my solicitor advised me to do asylum on my own right.i was totally refused .When we got removal letter we absconed.Now i am akin to marriage relationship got one baby.My mother disownd me she is living with my younger siblings they came when they were 10 years old. i applied on new basis did not recieve any reply solicitor told me to waite.plz plz tell me i miss my younger siblings can they regulise status in seven year concession plz plz plz and plz give me reply waiting for it.most important i heard my father gone bck to home country can this affect on my younger siblings will home office deport my younger siblings due to their father return plz reply me
August 22nd, 2009 at 10:49 pm
They refused my application and did not send our passports back.Anyone kmows how to get ot back?I want to go back home but now I do not have a passport.
thanks
August 25th, 2009 at 6:28 am
Any overseas student (specially from Asia, Africa)shouldn’t make the mistake to come to UK for study at this current time. There is hardly any job in this tiny country now, unemployment going Sky high, so chances for you to get a decent part time job is rare.
All my friends who did went to Australia, Canada, US got the PR and leading a good life. But even having several distinctions, I found this country is takes away lots from your life and study here is damn easy , all it does cost you and your family money. Simple as that.
And the situation is bound to get worse down the line, as this country hardly have any way to solve their raising unemployment problem and reduce their debt level.
So simply forget about coming here for study as its simply waste of your money and time. All you end up with some odd jobs which at some point of your life you regret . Now a days thats also rare.
So dont waste your life , go to other countries where you can settle your life after the study easily. When you need to hear (with IELTS score in this country; some educated person doesnt understand what you saying, that signifies 3 things- either that bastard is having hearing problem or you speak your own language to him or he is a bloody racist as every body else do understand what you say.
coming to UK was the biggest mistake in my life , now going to leave this hell for ever.
Good luck
August 25th, 2009 at 8:58 am
It is interesting to hear your comments. Many people we help leave the UK feel the same way but then the UK remains one of the world’s favourite destinations. Maybe it is just able to please all of the people all the time! Good luck on your travels.
August 25th, 2009 at 9:06 am
Your case is ver complex. You state you have already secured the services of a Solicitor. You must ask them what they are doing. It is in their hands and their efforts are what matter. As we are not dealing with the case it would be un professional to comment. All the best.
August 25th, 2009 at 9:14 am
This is a terrible story and my heart ges out to you. Unfortunately it would be wrong for me to give advice on this case as you have a Solicitor. Give them a call and push them along. Good luck!
August 25th, 2009 at 9:15 am
Gareth
It was, just remeber my comments mate- Those days of UK gone and it will be worse down the line
August 25th, 2009 at 7:06 pm
Hi Pearl 322,
Did you reply to the HO IF YES What is your result?
August 25th, 2009 at 8:46 pm
Hassan ou Gareth.Please Can you give me any advice about my post 318 please?
you would get my cause?
thanks,
And
August 25th, 2009 at 9:31 pm
Hi and ,
yes ,you can apply under ECHER art 8 through immigration solicitor.
August 26th, 2009 at 2:09 am
can anyone plz help me i came in uk on visit visa my daughter born in june 2002 n my son was born in uk aswell on july 2007 my husband is belgium citezn n we applied for my n my kids permenant visa in dec2007, n home office sended me a letter saying they will resolve my case ithen 6 months but never heard anything after that my lawer sended so many leters but never got a reply n things r bit hard with my husband aswell(thinking of seperation) dont know wat to do can anyone plzzzzzzz help me
August 26th, 2009 at 8:08 am
This is a terrible case. No one should have to wait so long or endure such stress. We can help you but to do that you must sign some documents so we can speak the Home Office about your case. I am an old Immigration officer and sometimes cases were approved and just went missing in the post.
Either way you need to secure your future now. We look forward to hearing from you. All the best in the meantime.
August 26th, 2009 at 11:32 am
Hi Gareth
I am qualified accountant (Recently graduated) .I’ve entered the country as a student in 1999 and had TWES for 2 years. Applied for WP1 and it was refused in 2006. I am overstaying since then.
2 kids born in UK.5 Years and 1 Year.
Medical reasons and other problems in my country for overstaying. Can I apply under Article 8.Can you help me please?
August 26th, 2009 at 2:29 pm
thank you so much Gareth for replaying, can u plz tell me how can i contact u personally my email adreess is farahsaleem45@hotmail.com, n i got one more thing in my mind is can my kids can apply for belgium nationalty( so hopefully i can get a status aswell) things r bad with my husband so atleast wanna secure my kids future before anything goes wrong
August 26th, 2009 at 4:03 pm
Hello Gareth
Could you advice me on 341. What documents shall I attach with my application? Thank you for presenting this forum, obviously some costs involved and your hard work by thinking about us.
August 26th, 2009 at 7:56 pm
The 341 is straight forward enough. The only thing is your documents required bar the obvious like a Passport vary depending on your personal situation. Why not complete our online application and a consulant will call you straight back.
August 26th, 2009 at 7:58 pm
Anyone can apply for article 8 the issue is will your case win? It is a tough case to call. Do you have a lawyer? Could you not secure another employer who would apply for a fresh Work Permit? We could work with them. Anyway, just a couple of ideas.
August 27th, 2009 at 1:02 am
hi Gareth
hope u doing well.plz i wana ask my family been here from eight and halph years as asylum seeker.bbrother and sister living with mom came at the age of 10 been absconded from 3 years applied 7 year concession but did not went to home office because we were scared as they called us.plz plz reply me gareth if we completed 10 years can we regulise our status.waiting for your reply
August 27th, 2009 at 6:19 am
Dear Gareth,
Thanks for your reply 375.Yes I have 2 employers handy, one is my former employer-currently I am working for them as a self employed and other one is the Sister/Parent company of my old Co.
Both Cos are ready to help me out.Gareth, are you saying that I should apply through either of this Co. and get out of the country and coming back. What should we say to HO on the application that the candidate outside UK or inside UK.
Yes I have a solicitor.
Please advice.
Thank you.
August 28th, 2009 at 2:59 pm
I have two children 7 yrs legaly here age 13 & 15, now in high school. Can i now apply for ilr. Everything good so far.
Thanks.
nash
August 29th, 2009 at 10:43 am
Hello Gareth,
I have two children of 7 yrs legal residence. They are in school here for 7 yrs. Can I apply for ilr.
Thanks.
Nash
August 29th, 2009 at 11:53 am
Can anybody give the address to whom the application should be sent to Home Office in regards to non-asylum overstayer with 7 years child residency and human right applications? Thanks
August 29th, 2009 at 9:01 pm
Dear Gareth/Hassan,
I entered the UK in 1999 on a student visa which expired in 2001. Before it expired I was successful at several job interviews but none of the companies was willing to apply for a work permit on my behalf at the time. It wasn’t as simple as it is now or companies didn’t understand the process like they do now.
Due to shortage of skills in the education sector, I secured a place in a College on my student visa and have been in education since. I’ve worked really hard and have had several promotions and currently serving in a senior position in a College.
I now have a family including 2 children (three and five years). My five year old has been diagnosed with Autism which has changed our lives dramatically. I had planned to go back to my country but my research and enquiries indicate that his needs cannot be met in the educational system abroad. Even in a developed country like the UK we are currently struggling to get him a speech therapist in my borough to help him develop his speech and language. I am very frustrated and want to leave the UK but my wife and I are worried we will be putting our son at risk. I have continued to work (illegally) and contributed to the economy.
Do you think I have a case under “Article 8 of the ECHR”?
August 30th, 2009 at 2:04 pm
Hello Gareth
I would like to take this opportunity to thank you for your advice and moral support. The advise and information I got from your website was very useful for me as this gave me more ideas on how to present my case. I have now been given discretionary stay because of my teenage child. One thing I have learnt is that for those people with cases at the HO, please try to show that they are paying all the taxes including council tax, take the opportunity to take up voluntary jobs and also show that they are doing courses that will benefit the country. These are some of the key points that are being taken into consideration. Once again thank you so much and keep up the goodwork
August 30th, 2009 at 5:18 pm
Hazel, Thank you for giving thanks to Gareth for his efforts and your tips for people like you and me. Could you let us now the address you submitted your application to the HO.
Regards
August 31st, 2009 at 6:32 pm
Hello Hasan and Gareth,
Can any one confirm that 10 years or 14 years long residence opoortunity will be stopped from 2011. Is it true?
August 31st, 2009 at 7:32 pm
It is impossible at this time to predict the UK Immigration rules in 2011. The LRC seems to work so changing it may not bring any benifits.
August 31st, 2009 at 7:42 pm
I hate to say it but no I do not think you do have much of a case. Anyone can apply under Art 8 but the UK has a right to protect itself from illegal Immigration. You have previously taken action which has led you to be working illegally, now a burden on the public purse. You failed to mention where you were from but you need to think – what happened if the authorities caught up with you at random and you were removed or detained? You are putting your family at risk right now of loosing their father.
August 31st, 2009 at 7:43 pm
You can check out their website.
August 31st, 2009 at 8:04 pm
It is possible you could extend your LTR but then there could be a removal order in place already. The only way to stop this agony of not knowing and worrying is to step up and contact the home office. All the best with that, I assume you have a lawyer who can clarify your visa status for you – I hope!
September 1st, 2009 at 11:09 am
Hi gareth or please can you explain who liverpool charged case work team are ?It is urgent,please do have any idea that one of my friend applied 4 years ago under Artical 8 .Now he got fax from lagacy department UKBA that he need 4 photo for each children and his wife also need to confirmation that he want to include with his application all dependants.
He did everything last week but my question is what does it mean?just like legacy team are they the same am confused can a case be legacy without asylum claim?
September 1st, 2009 at 2:09 pm
Hello Gareth
According to 378, Sarfaraj from your firm just advised me to wait until 14 years rule applies.But in relation to my circumstances 314, I wanted to apply under article 8,but do not know where to send, what documents to be enclosed above all frightened about the reaction/outcome. Please reply
September 2nd, 2009 at 11:03 am
I have been living in the UK since 1997 and have become overstayer through inadvertence or wrong advice from the Home Office in late 2003. I came here as a student at that time with my wife and now have 2 UK born children age of 8.5 and 3.
The last time we travelled and visit back home, was in August 2003 few month before my student visa expired. I stuck within a legal limbo in which now find myself, unable to carry on my postgraduate education effectively, work to improve my skills and knowledge although I contributed heavily to the economy and wider community of London up until 2008.
Do I have any chance to get myself out of this situation please?
September 2nd, 2009 at 2:06 pm
Following my last note after reviewing all 393 notes i should say I ve done some community work in sport and fitness and also i haven’t had a single penny of the public fund or any of these child supports to spend. I have always supported myself and my family we always had a good job never involved in illegal activity or hated , black jobs. no monkey business at all.
i have lost so many opportunity to work simply because of my current situation. i have bought my house under the Dead of Trust, again because of the legal documents i needed. I paid tax and N.I up until 2007. I should say If I haven’t been confused and neglected by HO,my life would have been in settled situation and much better.
I have my house in one of the good area of London, my brand new car every two years, my self-employment job with lots of hi-profile clients! (although I know its illegal, but life doesn’t stop me simply because of it), my post-graduation in science, but my happiness has been affected simply because I have no evidence to support my claim that HO mislead me otherwise I could have had my student visa, and not needed to struggle as I have been now.
I am very happy to hear from someone with similar experience or as I noticed from this forum, from Gareth or Hassan.
September 3rd, 2009 at 7:03 am
There is always hope. As an ex Immigratin Officer though I have to say you will receive little sympathy from the Home Office. As the UK economy continues to shrink people in the UK who are overstayers etc… will become an attractive political target.
Employers also face far greater fines for employing people without the correct visa. So all in all you are in a tight corner but as I say never give up hope and always do your best to contribute to society. You never know if they ever do declare and amnesty you will only be elligable if you have worked hard and kept yourself out of trouble.
All the best.
September 3rd, 2009 at 7:06 am
I could provide a really long answer to this question but would it help? I doubt it. Your question is what I call therapy and the answer in some way you are hoping will make you feel more in control ad better about the situation. If you do not know them you might want to seek a lawyer who can explain more.
I can say though in these instances you maybe surprised when they grant the visa!!! So send the photos and all the best.
September 3rd, 2009 at 8:20 am
Hello Gareth,i am here in u.k for 11 years,my application have been refused,i have 2 chilren age 6 and 2,my wife have no status as well,anything i can do.need help?
September 4th, 2009 at 7:56 pm
Hello Gareth,
I have a pending appeal in the high court in respect of my asylum claim and at the moment situation in my country has changed and it did affects me directly,and i have got the evidence posted to me,
1, Can i put such evidence in as a fresh claim now or wait for the high court appeal decision?
2, And can my 13 years old daughter seek asylum in her own right now as she has been a dependant in my initial claim
Please advice me Gareth and Hassan
Thanks
September 8th, 2009 at 11:16 pm
You have spent a long time in the UK. I would like to ask 101 questions to see how we could find a way to help or at least to tell the worst case senario. It is only right for your children that they have something to look forward to.
September 9th, 2009 at 10:17 am
Hi everybody,
We had lot of discussion about 7 years policy and ECHER ART 8.Did anyone get any BENEFIT means ILR?So I think we should also need to discuse about legacy case cos now a days lot of Human right applicant got a letter from legacy Department.
September 9th, 2009 at 10:51 pm
Hi bebo.I will advice you to apply under article 8,although the success rate is low because it is 50/50.But is better to take a risk with it than not doing anything.The earlier you submit an application the better because you do not know what is around the corner.Although mine was refused on the ground that I have not be UK for long even though I came Illegal to the UK in 2001 and my children 5/3 years Old.But it should not deter you from apply .Those who came illegal and got their status regularise did not get it on a platter gold. Hi Hassan I have sent Letter for reconsideration to the HO.Do you think we might be consider under Legacy?Even though I got my refusal Letter this year,after applying last year.Or how does the Legacy work? Thanks.
September 10th, 2009 at 11:34 am
Hi Gareth,
What is ablout 382 & 383 above?
Thaks.
Nash
September 10th, 2009 at 12:16 pm
Hello Gareth please can you responde to no 400 thanks
September 11th, 2009 at 2:36 pm
Hasan please can you or Gareth advice on No 400 from Tope
September 11th, 2009 at 11:28 pm
Anyone got any experence about legacy cases pls explain to viewer, if you send photos and questionnaire or letter to Home office does it mean that they are dealing with your case.
September 12th, 2009 at 10:31 am
hi
i want to come to uk to proceed with my contact order with my daughter.my daughter is 5.i don’t have any contact order in place at present .the mother is not willing to let me see my child so ive to go through court .i am in Pakistan with no visa to uk so can you please advice what kind of visa do i need to apply for in my circumstances.after all my research i don’t think that i can apply under the access to a child resident in uk because i don’t have the contact order which is a requirement for this category so can you please tell me what kind of a visa do i need to apply for and which application form to fill in please
ill look forward to your response
thanks
September 13th, 2009 at 6:35 pm
Where are you from?
September 13th, 2009 at 10:27 pm
Hello Gareth you are not been fair to me you have not responded to No 400 but have responded to all others after me.Please advice me on what next to do
September 13th, 2009 at 11:31 pm
Tope,
please wait for your appeal decision and in the mean time consulting with solicitor for next step.please every step should be very careful.
wait for decision.
September 14th, 2009 at 11:37 am
Hi Gareth and Hasan,
I have been visiting the Uk regularly for many years my children now 9.5 and 6 were both born here although privately and I paid for all the charges never claimed any benefit wotsoever. My visits were always 5 months or more but the children did go to school in our homecountry but since 2007 I am here on student visa studying for a degree and the children are in school here. I have been to the USA for a couple of weeks holidays every year since 2007 and we go home in the summer for 4-6 weeks. my question is does the 10 year citizenship by registration apply to my children and to do so when would it start from and for it to apply would the children have to be illegal does their status as my dependants effect it as right now they have a legal status of being a student’s dependants and they have 5 year visit visas to the uk on their passports and are they allowed to go out of the country for a few weeks every year or does that count against it
September 14th, 2009 at 1:55 pm
Hi Gareth/Hassan,
please if u can guide me ,i had applied under 7 years child concession in december 08, i have received H.O.correspondence in march 09 that my application is valid and has been passed to a caseworker and will contact me if they need any further information.I havent received any thing from then what should i do? Do u think so imy case is in the right direction?My daughter is in A2 level i am really worried can u please help me out.Let me tell u guys u r doing great work helping people like u trapped thanks0.
September 14th, 2009 at 6:09 pm
Thank you Hassan,God bless you
September 14th, 2009 at 9:53 pm
Salam Hasan
I wanna be prepared for my case have not decided yet but wanna be ready with doc’s can u pls email me the template for a Character certificate pls and any petition to be signed by local people to my email add pls freelancer757_uk@yahoo.co.uk pls will be very great full to u
Thanks
Ali
September 14th, 2009 at 10:18 pm
hi hasan
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/flro_formnew042009
is this the right form to apply for ECHR Article 8
pls advise
Thanks
Ali
September 14th, 2009 at 11:07 pm
Hi Ali,
Lot of things we dont know ,disclouse your fact to expart solicitor and with cover letter and FLR SET (O) WITH correct fees post to the HO for their kind consideration.
September 15th, 2009 at 9:18 am
dear hasan and Gareth
may i know what this the meaning of SERVICE OF A NOTICE OF LIABILITY TO REMOVAL, thank
September 15th, 2009 at 3:28 pm
Hi Farwa,
I beleive this is a removal order from UK-Sorry to hear that.
September 16th, 2009 at 12:43 pm
hi hasan and Gareth
Just a quick question i have been in uk since 1995, did claim asylum was rejected in 1998 but was not informed but carryed on working then got married to a british citizen in 1999 then applied to remain in the uk because i was married to a british citizen but never got reply back from the home office since then we have had a boy who is about 9 now then last mnth went to my mp who spoke to the home office on my behalf and since then they have written to me and given a limited stay for 3 years but the question is is it worth asking for indefinate leave has it was not my fault it too they so long to come to a decision. And what is the procedure after this three yrs is over.
September 16th, 2009 at 4:15 pm
could u pls help me.i’ve been in uk for 8 yrs as a student unfortunently my visa is going to end on October.i just wanted to know if i can apply for a fiance visa but my partner is still waiting for his divorce to finalised.
September 17th, 2009 at 4:23 pm
dear hasan and Gareth
may i know what is the meaning of A NOTICE OF LIABILITY TO REMOVAL in immigration law and when a immigrant get this notice and who give to him/her
September 19th, 2009 at 8:58 pm
Hi Hasan and Garath
Thanks for giving lot of information and helping many people. Good job keep it up !
I am living in UK since Feb 2003 with 4 work permits all issued in India. There are gaps in these work permits. Currently, I hold Tier 1, Valid until April 2012 and no absences since 2 year and only about 50 days since 3 years. I want to apply for ILR. I did try by going home office personally in Jan 2008 but been told that my application is not straight forward due to gaps in work permit and need to apply by post. But I have not tried since as many people including solicitor told me chances are dim. (Please note that all absences were work related and I have letter from my company).
Also, I have daughter, she is well over 5 years, born in UK. Could this be a ground to get ILR.
Please guide me, how should I apply for ILR.
September 22nd, 2009 at 5:46 am
hi,Hasan & garet,H.O requested 2 passport photos of me and my dependents and confirmation ofmy adress my case been with them since 2007 and was told decision will be made march 2010 my case is based on human right,my kids one will be 6 in dec other 4yrs is it sounding good,please reply.
September 22nd, 2009 at 8:43 pm
It is not sounding too bad. The UK Imigration guys are approving most of these cases now. If they were to refuse you it would take more than a photo to decide to remove you!
September 23rd, 2009 at 2:46 am
dont worry farwa A NOTICE OF LIABILITY TO REMOVAL doesnt mean that they can remove you straight away. if you make an appeal they cant remove you untill the decision of appeal.
hope for the best
September 23rd, 2009 at 7:18 pm
Hi Hassam/Gareth
Can u please reply to 413 thanks for ur time
September 23rd, 2009 at 11:18 pm
hi 426,
Just wait where your application valid.so when you applied?
September 24th, 2009 at 1:28 pm
Hi Gareth and Hassan,
Thank you for taking out time to give helpful advice on this website. I would like to know those who qualify to apply for Legacy or Legecy? Please, it is urgent.
Thanks.
September 24th, 2009 at 3:15 pm
i am due for the 7year conssesion this year my SON will complete 7 and my daugther will be 3and a half year what do i do now i need help i dont think it was fair for them to have change it.
September 25th, 2009 at 6:42 am
Hi Hasan Thanks u so much for taking time and replying me back, ya i applied to H.O on 15-12-08 under the 7 years policy in form seto with the correct fees.I received H.O correspondence in March 09 that my application is valid and has been passed to a case worker.I havent heard since then, really worried as my daughter is in A Levels.Is my application on right track?Please guide me if u need any more information please let me know once again thank u so much for taking time and looking in my matter
September 26th, 2009 at 9:30 am
Hi Parikh,
you can Judge yourself it in right track or Not ,please read carefully :Cases where DP5/96 will continue to apply
Chapter 53 of the Enforcement Instructions and Guidance explains when DP5/96 will continue to apply after 9 December 2008. This will be the case if before 9 December:
• DP5/96 has been considered in an appeal which remains outstanding
• an appeal relying on DP5/96 has been allowed
• a court or tribunal has directed the UK Border Agency to apply (i.e. consider) DP5/96
• the UK Border Agency has acknowledged receipt of an application relying on DP5/96
• the UK Border Agency has begun to consider DP5/96
Chapter 53 of the Enforcement Instructions and Guidance is available at:
http://www.ind.homeoffice.gov.uk/sitecontent/documents/policyandlaw/enforcement/
detentionandremovals/chapter53?view=Binary
September 26th, 2009 at 12:39 pm
hi i need your guys help I have applied my Cases DP5/96 back in 2008 in July I got letters from them saying we have received ur Case and in pending until now, but now two months back i have problems with my mom and dad they not helping with anything such as finance and I can’t claim any befits can u tell me am i allow to work until my case is pending
Thnaks for ur helpful advice its realy helps and keep up the good work, i be looking for ur reply
Thanks Again
September 26th, 2009 at 4:41 pm
hi i need your guys help I have applied my Cases DP5/96 back in 2008 in July I got letters from them saying we have received ur Case and in pending until now, but now two months back i have problems with my mom and dad they not helping with anything such as finance and I can’t claim any befits can u tell me am i allow to work until my case is pending
September 26th, 2009 at 7:39 pm
Thanks Hasan very very much God bless
September 27th, 2009 at 9:19 am
Hi Hasan
Please give some advice, My dayghters and I have been in the Uk for 6 1/2 years. They came at ages 4 and 2 and have only ever been eductaed here. They know nothing of my homeland and i recieve no support from their father. Our visaa about to expire can I apply under Article 8. We have a family life here and a private life. Please help.
September 27th, 2009 at 3:36 pm
Any update about 423
September 27th, 2009 at 5:24 pm
Hi Hassan/ Gareth,
My husband & I will be applying for ILR next week based on 10 years of lawful stay in this country. My son is 11 years old, but he came in the country few months after, so he will be completing 10 years in May next year. We have been advised not to apply for his PR at the moment until he completes 10 years next year. But somebody has told me that we do not need to apply for his PR, we can simply apply for registeration? What exactly is right? What shall I do for my son’s PR/ naturalisation? Please advise. where can I find further information?
2. I have another question. My husband has a conviction under traffic offence for using his mobile. he challenged this in court and lost the case so had to pay a fine to the court. We have been told that when we are ready to apply for citizenship, i can apply but my husband will not be able to apply until 5 years are gone from the day of conviction. Is this right?
September 27th, 2009 at 6:43 pm
On your first question your son’s visa status is “White taped” to your own. In other words one does affect the other. Depending on your sons visa will determine the issues your PR application would cause. It is all about intention.
On your point number 2 an offence under the RTA doe not automatically prevent your husban applying for Citizenship.
September 27th, 2009 at 6:46 pm
Anyone can apply under this Art. 8 but your success is doubtful. Sometimes with the law as it stands if that is your only reason to stay in the UK I would start speaking to you kids about how great your home country is. They my well be going back with you. Do NOT be tempted to run to ground with Children. That is just condeming your kids to a dreadful life in the UK.
September 27th, 2009 at 6:50 pm
Just because your parents have stopped funding your life it does not change the law. Maybe you need to suck up to your parents again and get that money flowing again!
September 27th, 2009 at 6:57 pm
I have replied to this already. Sorry I could not give you better news.
September 27th, 2009 at 7:06 pm
Well they have changed it. Lord Justice Denning once said “The law is not meant to be just – it is just meant to work.” In your case maybe neither apply. The law will stand though.
September 27th, 2009 at 7:09 pm
GREAT POST. Nice to see people giving each other support and advice – that is what a blog should be.
September 28th, 2009 at 4:31 pm
Please reply 423
September 29th, 2009 at 12:15 am
HI 423,
The best way is show your all documents and your passport to immigration solicitor and ———-.your case little complex.
September 29th, 2009 at 8:57 am
Hi Hassan/Gareth,
Do i have a little chance in my case,Hassan i have read the post 432 but bit confused please please let me know.H.O. have acknoledge my application and has said the “APPLICATION IS VALID” Ia this a possitive move in my case? please let me know Hassan/Gareth, thanks god bless
September 29th, 2009 at 11:34 am
Hello Gareth please can you responde to no 420 thanks
September 29th, 2009 at 12:14 pm
Goodday.
Please can you give me an answer for No. 429.
Thank you.
September 29th, 2009 at 11:11 pm
hi there, my husband and i has gain permenant residency at 2007 thru’ amnesty exercise. May I know when can we apply for british citizenship? Some of my friends told me that we can apply for british citizenship after 1 year while others said that we’ve to wait for 5 years （living in UK legally after obtaining PR). Please advise. Thank you.
October 2nd, 2009 at 9:49 am
Gareth,
What does the law say about children born to parents where on is UK citizen and the other is not? I expect the child can obtain the same status as the UK parent. But how about if the other parent has overstayed their visa?
Thanks
October 2nd, 2009 at 10:06 am
HI 447,
It’s my understanding applications made before 9 December 2008 will not be affected. so I’m confident your application will be ok under the Art 8 ECHER.
October 2nd, 2009 at 1:37 pm
Hi Gareth, Thanks for your advice on my previous request, but I still would like to know if my partner (a british citizen) could apply for a british passport for our eleven months daughter and if it is possible for us to get married and apply under “ARTICLE 8 ECHER” for futher leave to remain for myself.Many thanks
October 2nd, 2009 at 1:52 pm
hi ,i want to know how long it takes for a child to be a permanent resident in uk whose parents are illegal
October 2nd, 2009 at 7:03 pm
Thanks Hassan and may god bless u. thanks again
October 3rd, 2009 at 9:30 pm
i hav 3 kid , one ,5 and 3, 6month but my partner is british but i Seek asylum in 2001 but i left it,bcos my family said so in 2001 , can i apply on article 8 or ilr . i left the asylum then and undergo since ,thanks
October 3rd, 2009 at 9:41 pm
i hav 3kids 5,and 3,6month but my partner is a british but i seek asylum in 2001 but i left it bcos my family then said so in 2001 , can i apply on article 8 or i l r , i left the asylum then undergo since thanks
October 6th, 2009 at 3:00 am
Hello Gareth and Hassan please can you respond to no 420 thanks
October 6th, 2009 at 2:11 pm
pls my partner is british and i got 3 kids 5, 3, and 6month ,what can will do to get british passport for them and will want to get married
October 7th, 2009 at 6:41 pm
I feel for your kids but we make a point of avoiding these cases.
October 7th, 2009 at 6:45 pm
I have written buckets on this now and it is not a case we would even touch. Contact the UK BIA and ask them. I am sure they would like a word. Bringing up a child on the firnges of society can not be conducive.
October 7th, 2009 at 6:52 pm
It sounds like the child could be British. I would need to know more to be sure. As for overstaying – get your visa sorted out – think of the child now.
October 8th, 2009 at 9:36 pm
my patner is a UK citizen but we are not married yet but live together and have a 2months old baby. I am an international student Studying Computer Networking Management(Bsc) 2nd year.My Visa will expire by September,What is my faith towards ensuring that i get it reniewed or a stay so i can be close to my family.
October 10th, 2009 at 5:32 pm
Hi Gareth/Hassan,
I came to England in 2003 with my wife through Republic of Ireland (Illegally), Now I have 3 Kids all born in the UK, the eldest child is 5yrs and 4 months old (going to school), 2nd child is 3 yrs old (just started school) and 3rd child few months old. I am working in restaurant (not paying any taxes because of my visa status but not even accessing any public funds) I was thinking to apply for DP5/96 concession once my eldest child becomes 7 years old (2011) but now since this rule has been removed, I am worried about what to do next. I am wondering is there anyway I can still apply for ILR (we have few friends and relatives in the UK). Please help us with your advice
Thanks in advance
Regards
Khan
October 10th, 2009 at 5:44 pm
hi,want to find out about H.O relaxing its rules does it affect only asylum seekers or does it include non-asylum old cases at the H.O too?
October 11th, 2009 at 5:31 pm
pls respond to 457 is urgent thanks
October 11th, 2009 at 5:33 pm
reply to 459 God bless to you guys pls
October 12th, 2009 at 12:33 pm
hi hasan or gareth i comm in uk in2001 my doghter born in 2002 and my son in 2007 i never did aplication with ho because when i went to see solisitors in 2002 to advice me all of theme recomended me to wait intel my doudhter have 7 to aply for 7years concession but i lost it with just 4month so i went back to solisitor he told me to wait again another year intel my doughter have 8years and now she have 7and half so how shell i do pleas if you can advice me i thnck you so math
October 12th, 2009 at 12:59 pm
hi i com in uk 2001 my doughter born her mai 2002 and my son 2007 i went to see solisitor in 2002 he advice me to wait intel my doughter have 7years i lost that concession with only 4months i went back after to see him he told me to wait another year to mak my appel so pleas if you can advice me if ther is any way thanck you
October 12th, 2009 at 5:37 pm
can any one reply: I have been living here since 2004 and baby girl also born in 2004,and I have four children who are now aged between 9-17, I submitted my case thru solicitor and got acknowledgement from home office.ONE IMPORTANT THING IS THAT HOME OFFICE LETTER BEARS THE DATE OF 21SEP2008 WHICH WAS SUNDAY, CAN SOME ONE TELL THIS LETTER WILL BE ORIGINAL OR SOLICITOR HAS CRAFTED THIS LETTER? WILL i get permission to stay
thanks
October 12th, 2009 at 6:15 pm
Hi Gareth, can you please reply to number 453. Thanks
October 12th, 2009 at 11:23 pm
I AM A PAKISTANI NATIONAL , CAME HERE IN UNITED KINGDOM, 11 YEAR AGO DATED 13TH NOVEMBER 1998 AS A STUDENT, WIFE JOINED ME IN UNITED KINGDOM ABOUT ONE AND HALF LATER DATED 28TH JUNE 2000, SOME YEARS SHE WAS PREGNANT WITH SEVERE HYPEREMESIS GRAVIDARUM, ITS DEVASTATED MY STUDY,
NOONE HERE WHO LOOKAFTER HER, SHE HAD TO TERMINATED HER FISRT BABY, SO I COULD CONTINOUS MY STUDY, BUT AFTER TERMINATION HER FIRST BABY, HER HEALTH EFFECTED WITH VIRGINAL BLEEDING, DOCTOR GAVE HER MEDICINE TO STOP
HER BLEEDING PROBLEM, BUT THAT MEDICINE DID NOT WORK, SO DOCTOR REFERED HER TO CONSULTANT, HE ADVICED HER ONLY ONE THING CAN BE SOLVED HER BLEEDING PROBLEM, IF SHE WILL BE PREGNANT WITH ANOTHER BABY,-THEN SHE WOULD BE PREGNANT AGAIN WITH SEVERE HYPEREMESIS GRAVIDARUM, I HAD TO INTERCULATE MY COURSE, WHICH IS INFORMED BY ME TO HOME OFFICE. 30TH JAN 2003 I HAD A BABY, SAME YEARS I START MY STUDY AGAIN BUT MY VISA APPLICATION BE REFUSED, HOME OFFICE GAVE ME RIGHT TO APPEAL , WHICH I LOOSE IN IMMIGRATION TRIBUNAL , HE GAVE MY RIGHT TO APPEAL TO JUDICIAL REVIEW IN HIGH COURT,
BUT I PERFER TO REQUEST TO HELP MY HON MP , THAT TIME MY BABY WAS UNDER CARE OF DOCTOR DUE TO HIS HEART PROBLEM , MY MP WRITE LETTER TO HOME OFFICE AND MY DOCTOR, HE SAID TO ME “WHEN HOME OFFICE REPLIED TO HIM , HE WILL CONTACT US“, WE WERE WAITING FOR OUR HON MP REPLY, I WAS THINKING OUR APPLICATION IN PROCESS, FIVE MONTH AGO I CONTACT MY HON MP OFFICE, THEN WE KNOW HE HAS CLOSED MY FILE TWO YEARS AGO DUE TO MY DOCTOR NEVER GAVE HIM REPLY ABOUT THEIR LETTER.
I AM 40 YEARS OLD, I AM CONTINOUSLY THINKING ABOUT MY CHILDERN ONE IS ABOUT TO 7 YEAR ANDOTHER IS 3 YEARS OLD MY DEPENDENT, IF I GO BACK TO MY COUNTRY HOW CAN MANAGE THIERS LIFE, EVEN I COULD NOT COMPETE MY EDUCATION, MY MOTHER HAS BEEN PASTAWAY, AND OTHERS FAMILY MEMBERS MOVE TO OTHERS COUNTRY ONE BROTHER AND SISTER SETTLE IN UK, IT IS POSSIABLE TO ME TO NORMALIZE MY VISA?
October 16th, 2009 at 8:50 pm
If you distrust your Solicitor the best thing to do is speak to them. Failing that call the Home Office and ask them if they have your case.
October 16th, 2009 at 8:54 pm
I am not sure what you wrote but I think you need to go back to the Solicitor – they might need to brak some bad news!
October 16th, 2009 at 9:02 pm
The UK is getting tougher to stay. I can only feel for your children forced to live outside society. Can I ask you to look at Ireland or going home.
October 16th, 2009 at 9:06 pm
You have options. Make SURE you get yourself sorted and your visa is granted – we can help – you do not need doubt hanging over your head at this time. I hope you are loving being a Mum. I think being a Dad is the best thing EVER
October 17th, 2009 at 9:06 am
I read that the HO is relaxing some of their rule.How far is it true.And does it affect non asylum cases? Thanks.
October 17th, 2009 at 11:22 am
hi. I M apply case for 7 year child living in the countery.and ukba ask me.“in order for me to fully considerthis,would you please provide me with informationevidence and full explation of claim under article 3 of the ECHR.” can u explain what is echr article 3.which avidence I am provide to ukba.
October 17th, 2009 at 11:24 am
hi. I M apply case for 7 year child living in the countery.and ukba ask me.“in order for me to fully considerthis,would you please provide me with information evidence and full explation of claim under article 3 of the ECHR.” can u explain what is echr article 3.which avidence I am provide to ukba.
please give me advice thanks.
October 22nd, 2009 at 8:56 am
hi, everyone need some advice, i am algerian national, mum of 2 kids oldest 6 and the sec 4 1/2 , (read comment n24), i was expectecing to do my 1 step in january 2010, but 3 days go i end up in a police station for having a fake id, passed a night in jail end i a played for asylum because didn ‘ t see another choice specialy with 02 kids waiting for me, they asked me to start signig, next week, i am stock between the art8 and asylum, can i use both, what is the best chances please, it s racing against time, and that is reslly depressing me….thank you
October 23rd, 2009 at 6:59 pm
wat can i do my daughter is 7yrs in november was born in th uk and doing very well in school i wrote to the home office but was turn down with no rite to appeal wat can i do i live in the uk for 8yrs and a single parent.
October 29th, 2009 at 5:54 pm
hi, need advice some lawyers adviced me not to follow the art 8 in my case because my son is 6 only, and 6 is to young, how true could that be??? please advice me.
October 31st, 2009 at 5:41 am
am british by naturalisation i had a daughter who is 4years now and she was born in american before she was born i was illegal in uk now she has move with me.could anyone advised me how i can change her status.she is living in uk since age of 2.
November 1st, 2009 at 4:27 pm
Hi Orchidee
Desolee pour ce qui vous etes arrives ,je supose que c difficile comme situation ,mais j’espere que Dieu vous protege avant tout.
Etant donner que vous n’etes pas residente ici au moins 7 annees,je presume qu’il est little bite tot ceci dit vous etes dans une situation disant complexe vue que vous vous presenter regulierement au autorites (chose que je me mefierai a votre place) car une foie votre demande d’asile est rejeter chose que je ne vous souhaite pas mais il faut toujours peser le pour et le contre. Ils peuvent vous embarques dans le vol qui suit ,choses qu’ils preparent step by step sans que vous vous rendez compte, et comme votre demande d’asile etait juste un pretexte de ne pas etre expulser ,sa risque d’etre pris en maindans les plus brefs delais , je ne veux pas vous decevoir mais je vous conseil d’etre tres vigilente si votre demande est refuse. Donc finger cross et j’epere que vous pourriez faire les sept annees et a partir de cela ,vous aurez des chances de ne pas etre deported .Que Dieu vous protege again car je comprends votre situation ,garder espoir Dieu est Grand
November 1st, 2009 at 9:50 pm
i seek asylum in 2001 and i left it , now i have 3 kids ,5,3,and 6month my husand is british what can i do with my case pls and my can my kids be british and my case asylum with british husband pls
November 1st, 2009 at 11:36 pm
Hi Hassan and Gareth,could pls respond to question 482….
November 2nd, 2009 at 10:25 am
salut nadia, ca fait plaisir commeme de lire votre texte, j’ai asylum case vraiment mais je ne me suis pas presente avant car les solliciters me disaient que les gents ont ete cribles de balles et ils n’ont rien eu, c’est vrai si ce n’etait legacy qui les a protege. Maintenat je n’ai plus le choix, je vais mettre le paquet vider ce que j’ai sur le coeur, ramasser des preuves, mais en meme temps etres vigilante car il y aura certainemet un refus et j’espere que j’aurai le droit a l’appel. Mon aine aura ses 6 ans la fin de ce mois. Pour moi ca fera 6ans et demi. Mais ce que j’ai bien compris des avocats ce n’est plus une question de 7ans mais du cas au cas de merite.
Dieu est vraiment grand.
November 2nd, 2009 at 10:38 am
pls reply no 483 pls is urgent thanks
November 2nd, 2009 at 2:01 pm
Hi Hasan/Gareth
Came to uk in 1993 as a visitor. Applied for asylum but was refused in 1996 and was deported.Came back in 1997 illegally married legally in 2001 to a british citizen.I have two children age 5 and 7years.Need advice as to how to regularise my status in the uk.
November 2nd, 2009 at 6:27 pm
hi pls can you tell me what is discretionary application is, and different b2 discretionary and article 8 pls is important
November 3rd, 2009 at 8:38 pm
Hi john Acquah,
just want to know, ho reprented you on your case pls?, and did you get any help from the human rights sollicitor …. orchideeblanche37@yahoo.co.uk
Need your answer please..thank you
November 4th, 2009 at 6:34 am
hi Gareth and Hassan could u pls respond to 483
November 6th, 2009 at 4:39 pm
Orchidee, My case has been sent back to HO to reconsider my application, my solicitors are Davy bal so I am still waiting I have also involved my MP
November 6th, 2009 at 8:35 pm
Thank you john acquah, could you pls send me you email address, it’s important. Thank you