CONCESSIONS TO BE SCRAPPED???

[chibage]

Has anyone heard the rumour that the so called new announcements on immigration is the abolishment of concessions such as 7yr and 14yr rule?? If this is the case would ho consider applications already made?? Meaning those waiting to apply are the ones to be affected??

[bhaju]

Hi Chibage,
As far as I know the 14 year rule is not a concession but comes in immigration rules while the 7 years is.
Regards,
Raja

[chibage]

thanks bhaju, have you heard anything about this?

[jei2]

Chibage,

One of my clients has enquired over news that the 7 year concession is due to be scrapped in October. As usual the source is a long chain of rumours but smoke.. fire.. etc.

As far as I'm aware there is still a 14 year concession running alongside the 14 year rule itself, so it's possible that this is indeed going to be scrapped.

Nothing would surprise me with this government. But I don't see them removing the child concession without some other (hidden) half baked policy running alongside.

[ci07jjs]

what about the 10 years one then?

[jei2]

The 10 years is a rule based on having maintained continous legal stay in the UK. Have you heard something about this one?

[Wanderer]

what about the 10 years one then?

Hope it will be for those students stringing crappy course after crappy course for 10 years emerging with a HND in Media Studies and six diplomas in Wagnerian Tectonic Plate Theory.

And loads of useless Microsoft certifiactions and no experience and 31 years old and never worked.

MCSE = Minefield Consultant and Solitaire Expert.

Can you tell I'm rather embittered on this subject!?

[papa21]

jei2, i know the dp3 96 was revoked , so if one has a pending application put in before this concession was revoked will i be able to benefit from it?? Also if the 7yr is revoked but one applies before its removed will the application be decided based on old rules??

[ci07jjs]

what about the 10 years one then?

Hope it will be for those students stringing crappy course after crappy course for 10 years emerging with a HND in Media Studies and six diplomas in Wagnerian Tectonic Plate Theory.

And loads of useless Microsoft certifiactions and no experience and 31 years old and never worked.

MCSE = Minefield Consultant and Solitaire Expert.

Can you tell I'm rather embittered on this subject!?

Well, it is situation dependent. Not everyone who’s been living in the UK has been here for ten years constantly studying 'crappy courses' as such. I know of students who did their A levels, undergraduate, Masters and PhD mounting to 10 years of legal stay. Also there are students like myself who has been switching between work-permit and student visas. Besides, students work part-time (many do!) and pay their taxes. Therefore your stereotypical view on this rule is very harsh and I am sorry to say that.

[chibage]

Jei2, whats your knowledge on the 7year concession? Have you come across anyone who has benefited from it? Or is it one of those concessions where they look for a tiny reason to refuse you? I have a friend who has been waiting over two years so its now actually 9 yrs that her kids have been here.

[Wanderer]

what about the 10 years one then?

Hope it will be for those students stringing crappy course after crappy course for 10 years emerging with a HND in Media Studies and six diplomas in Wagnerian Tectonic Plate Theory.

And loads of useless Microsoft certifiactions and no experience and 31 years old and never worked.

MCSE = Minefield Consultant and Solitaire Expert.

Can you tell I'm rather embittered on this subject!?

Well, it is situation dependent. Not everyone who’s been living in the UK has been here for ten years constantly studying 'crappy courses' as such. I know of students who did their A levels, undergraduate, Masters and PhD mounting to 10 years of legal stay. Also there are students like myself who has been switching between work-permit and student visas. Besides, students work part-time (many do!) and pay their taxes. Therefore your stereotypical view on this rule is very harsh and I am sorry to say that.

I didn't say they were, I qualified my statement specifically aiming it at those who did, pls re-read?

Bona-fide students as you describe I have no issues with, not that my issues count in the scheme if things...

I stand by what I said, where it's clear to the ECO the student is stringing their studies out to get to 10 years, they should be refused, which they probably already are now in today's environment for all I know.

[jei2]

jei2, i know the dp3 96 was revoked , so if one has a pending application put in before this concession was revoked will i be able to benefit from it?? Also if the 7yr is revoked but one applies before its removed will the application be decided based on old rules??

It shouldn't. But my belief (and observation) is that they are applying it retrospectively in principle - mainly by doing a cut and paste job in their refusal letters which cover every argument to infinity and beyond. If you can meet the rules of DP3/96 and the October concession it's worth considering whether or not you stand a better chance of applying from outside the UK.

I can't say what will happen on the 7 year concession. However children constitute a more vulnerable group generally. The government would have a lot more human rights issues to deal with if this concession were to go. Possibly why they didn't get rid of it with DP3/96 and DP2/93.

[jei2]

Jei2, whats your knowledge on the 7year concession? Have you come across anyone who has benefited from it? Or is it one of those concessions where they look for a tiny reason to refuse you? I have a friend who has been waiting over two years so its now actually 9 yrs that her kids have been here.

Yes I've come across a number of people who have benefitted from the 7 year concession but like dp3/96 it can be a long wait. I'd use the waiting time to continue submitting documentary evidence especially anything relating to the child concerned - school reports, health issues, social networks, group membership, etc.

Given the rumours we've both heard, I would say your friend should get her solicitor or adviser to write to the MP if that's not already been done, and try to speed things up.

[thsths]

I can't say what will happen on the 7 year concession. However children constitute a more vulnerable group generally. The government would have a lot more human rights issues to deal with if this concession were to go.

Exactly. The 7 year concession was implemented to comply with precedents set of the ECHR. I do not see how it could be scrapped without violating the ECHR judgement. However, it is possible that it will get more difficult to use the concession.

Tom

[syeda]

HI all

what is 7 years concessions ???

[chibage]

2. DP/ 069/99.

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

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