ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Urgent advise required

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
MelF
Newly Registered
Posts: 1
Joined: Wed May 21, 2008 11:21 am
Contact:

Urgent advise required

Post by MelF » Wed May 21, 2008 12:14 pm

I have been living here for the past 10yrs in June 08. I came to the Uk on a 6months working holiday visa that was subsequently extended for 2yrs.
I then went to college to further my basic skills in computing, it was during this time I fell pregnant to my then British national partner of 18months. Before my student visa expired we made an unmarried application to the home office but unfortunately it was refused because it didn't meet the home office Byrd requirement. However my immigration representative at the time did not advise me that my documents were returned to him...and I jus assumed that over the years they were making there decision. 3
2-byres later I was contacted by a renown solicitor in the area advising that he has my documents and they were passed to him as the previous 'immigration representative' was no longer practising. He wanted to appeal there decision then later decided against it.
Since then I moved on to another relationship and hence made a new application to the home office for unmarried partner again as we were together for more than 2yrs. I am still patiently awaiting a decision 3 1/2yrs later.
My daughter will be 7yrs old in October and I am not sure what I should do.
Please can you advise me?

User avatar
Frontier Mole
Respected Guru
Posts: 4437
Joined: Tue May 06, 2008 12:03 am
European Union

Post by Frontier Mole » Thu May 22, 2008 2:21 am

Something is not right. Your unmarried partner application has almost certainly been dealt with. The question is where was the reply sent to?

Contact the Home Office with your HO ref and ask what your current status is.

Your daughter could be your saving grace she could have access to British citizenship or failing that have a go at the 7 year child concession - see below.

The Seven Year Concession

The 'seven year concession' applies to families with a dependant child (under 18) or children living with them who have been living in the UK 'continuously' for 7 or more years. In such cases UKBA accepts that 'enforced deportation or removal will not normally be appropriate' as the ties established by children over this period will 'outweigh other considerations and it is right and fair that the family should be allowed to stay here' There is no requirement that the child should have been born in the UK.

As the concession relates to the length of residence of the child, the immigration status of the parent should not matter even, for example, where removal directions have been set or a deportation order signed.

Exceptions to this concession include where there has been a flagrant abuse of the immigration law or where the parent has been convicted of a serious criminal offence which outweighs the compassionate circumstances of the case, including the length of residence of the child.

srini08
Newly Registered
Posts: 27
Joined: Sat May 10, 2008 5:44 pm

ILR query, please help

Post by srini08 » Thu May 22, 2008 10:56 am

My husband is a doctor, came to uk to write PLAB test in Sep 1998. on his passport initial stamp was '' C visit - PLAB'' valid for 6month.

within 5months of his initial period he shifted to permit free visa in Feb 1999 and started working.( applied to permit free visa from uk itself, not from his home country)

From then on he is on work permit (in October1994) and later changed to HSMP (April 2005),never had a gap.

My question is can we consider his initial visa period (first 5months in 1998) towards his ILR on 10 year long stay categary.

any advice would be appreciated

Locked