Bahwe, poor immigration history is being illegal, overstayer, absconding, fake marriage etc.bahwe wrote:Tasha what was your poor immigration history?
what if the parents has an asylum case that is still being treated as legacy case?
Can you tell me if they can benefit from the 7 years rule if:
Their kid becomes 7 and no final decision has been reached about their asylum case.
If someone has claimed asylum and it is still under consideration then I doubt that they have poor immigration history as it is not their fault that it takes HO decades to look into one's case (but then it also depends on when they claimed asylum, asap or later when they felt like it). If after all this years they are still waiting for the Ho to reach their decision then I would think they have a very good chance to be granted ILR under legacy. You might want to write to HO (legacy team) about 7-year concession and that that your children are now 7 (to make your case stronger - every little helps).
If their asylum claim gets refused then they might apply under 7YC, however if this is refused then there is no right of appeal but you could still appeal on human rights. That's what we did, and we won our appeal on human rights. At the hearing my barrister stated straight away that we are not appealing against the 7YC refusal as it is a concession (not an immig. rule) and it is up to the HO whether to exerciser their discretion or not.Their kids has become 7 and they have received a refusal and a deportation order.
If the parents have a poor immigration history but they can rely on art 8 because they have humanitarian reasons that go against their deportation?
All above is just my opinion and my personal experience, as I am not an immigration specialist.