Seven year concessionfor children

[mzusmani]

Hi there,

I am living in UK for last seven years along with my wife and daughter & son (who was born here in UK & now two years old) on STUDENT visa. During my stay I did one certification course, BBA and MSc in Telecom from a proper University. When we came to UK in 2000 my daughter was just one year old now she is roughly eight years old. She goes to school as well

During our stay in UK, twice my daughter went back to our home country for total eight (8) weeks (first time 3 weeks & second time 5 weeks), and went to Canada for five weeks.

In total my wife & daughter were absent from UK for 13 Weeks while I was absent from UK for 10 weeks (5 weeks home country & 5 weeks Canada).

I just want to know that although my daughter was out of UK for 13 weeks, is she eligible to apply for seven concessions. Because I heard & read that you have to be continuously in UK for 07 years.

Looking forward for you guy's reply & Thanks in advance

[VictoriaS]

You are misunderstanding the seven year concession. You cannot rely on this as a way to remain in the UK.


Victoria

[mzusmani]

You are misunderstanding the seven year concession. You cannot rely on this as a way to remain in the UK.


Victoria

Thanks for you ur prompt reply but is it a way or not?

[avjones]

The 7 year child concession is in relation to enforcement action against parents without leave. You have it.

[jes2jes]

The 7 year child concession is in relation to enforcement action against parents without leave. You have it.

Can the concession be used by people who have been asked to leave the country whilst their children have lived in the UK for 7 years plus?

Bear in mind that, if the children in addition to their parents have been asked to live the UK during the period up to the 7 year mark.

Thanks

[vinny]

See also DP/069/99 Home Office - seven -year- Policy

[jes2jes]

See also DP/069/99 Home Office - seven -year- Policy

Vinny:

Thanks for this but this does not make it clear as per my question. See below from the above link provided:

Children's Concession in the Home Office policy DP/069/99


Policy


Whilst it is important that each individual case must be considered on its merits, the following are factors which may be of particular relevance:
(a) the length of the parents' residence without leave;
(b) whether removal has been delayed through protracted (and often repetitive) representations or by the parents going to ground;

(c) the age of the children;
d) whether the children were conceived at a time when either of the parents had a leave to remain;
(e) whether return to the parents' country of origin would cause extreme hardship for the children or put their health seriously at risk;
(f) whether either of the parents has a history of criminal behaviour or deception.


Case law


Baig v Secretary of State for the Home Department [2005] EWCA Civ 1246, Court of Appeal: (correct reading of seven year concession concerning removal of families with children as containing presumption against removal)

I guess the fact that a child has lived year for 7 years does not mean the child/children cannot be removed alongside their parents if conditions in the parents home country is not that 'dangerous' according to the HO.

Hmmmn