Please share your experience with 7 year concession policy

[Taby1966]

Hi everybody!
I ca not find much information on 7 year concession policy. Some articles say that if a child lives in UK for 7 or more years then he/she can apply for ILR.

If anybody has applied in this category please share your experience.

Regards,

Taby

[avjones]

Hi - it is a Home Office policy, not part of the Immigration Rules. That means it is at the Home Office's discretion.

The policy as announced is as follows:

'Deportation in cases where there are children with long residence: Policy Modification announced by Under-Secretary of State for the Home Department Mr O'Brien on 24 February 1999

3.1 Whilst it is important that each individual case must be considered on its merits, there are specific factors which are likely to be of particular relevance when considering whether enforcement action should proceed or be initiated against parents who have children who have lengthy residence in the United Kingdom. For the purpose of proceeding with enforcement action in a case involving a child, the general presumption is that we would not usually proceed with enforcement action in cases where a child was born here and has lived here continuously to the age of [seven] or over, or where, having come to the United Kingdom at an early age, they have accumulated [seven] years or more continuous residence. However, there may be circumstances in which it is considered that enforcement action is still appropriate despite the lengthy residence of the child, for example in cases where the parents have a particularly poor immigration history and have deliberately seriously delayed consideration of their case. In all the cases the following factors are 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.

3.2 It is important that full reasons are given making clear that each case is considered on its individual merits.'

So it's not a blanket leave, not a case of 7 years equals ILR. But there is a presumption of ILR.

[romanhighlander]

Thanks for this most. It is extremely helpful. Would you be kind enough to let me know if someone does indeed go for this seven year concession, how do they go about it?? Do you need to fill a form or just write in with a the request?? Is there any cost for this and how long does it take for the decision.

I would be really grateful if you could let me know.

Kindest Regards,

Tariq

Hi - it is a Home Office policy, not part of the Immigration Rules. That means it is at the Home Office's discretion.

The policy as announced is as follows:

'Deportation in cases where there are children with long residence: Policy Modification announced by Under-Secretary of State for the Home Department Mr O'Brien on 24 February 1999

3.1 Whilst it is important that each individual case must be considered on its merits, there are specific factors which are likely to be of particular relevance when considering whether enforcement action should proceed or be initiated against parents who have children who have lengthy residence in the United Kingdom. For the purpose of proceeding with enforcement action in a case involving a child, the general presumption is that we would not usually proceed with enforcement action in cases where a child was born here and has lived here continuously to the age of [seven] or over, or where, having come to the United Kingdom at an early age, they have accumulated [seven] years or more continuous residence. However, there may be circumstances in which it is considered that enforcement action is still appropriate despite the lengthy residence of the child, for example in cases where the parents have a particularly poor immigration history and have deliberately seriously delayed consideration of their case. In all the cases the following factors are 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.

3.2 It is important that full reasons are given making clear that each case is considered on its individual merits.'

So it's not a blanket leave, not a case of 7 years equals ILR. But there is a presumption of ILR.