The fact that she has previously been refused leave to remain and most likely served with removal order means she has scaled one of the hurdles of the seven year concession which says that it is would apply to family who are facing enforcement actions.
In addition, there are other hurdles to be scaled, eg:
"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 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 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.
gandasa wrote:Hi There,
Your help would be very much appreciated
My friend came to uk on 6 month visit visa in 1998 and then she was given exceptional leave to remain for a year to care for her sister. Then she applied infinite leave to remain in uk to care for her sister which was refused with right of appeal.
And, then appeal was refused, and there wan no correspondense from homeoffice after refusal of appeal.
she stayed here since then and now have three children (all born in uk) oldest one over 7 year of age.
The question is
Can she apply on behalf of her oldest child (7 year kid concession rule) to get infinite leave?
Please legal advisors help
