|Seven year child concession policy still applicable|
Our client’s application for permanent residence in UK on the basis that his children had completed 7 years stay in UK was refused by the UK Border Agency with no right of appeal. His previous solicitors had submitted the application and the same was refused 6 months before and no further response was forthcoming. In this situation he approached us regarding his case.
We were able to make a representation to the UKBA on his behalf. Normally the old seven years’ concession policy which is abolished and incorporated under Article 8 of the European Convention for the Protection of Human Rights operate only when a removal direction has been issued by the UKBA. The UKBA never issued a removal direction in the present application but our client had a previous application which was refused and a removal direction was issued in that matter. We submitted that the old removal directions will kick start the 7 year concession policy under Art 8 of the ECHR.
The UK Border Agency accepted our submission and withdrew the original decision and granted our client and his family indefinite leave to remain in UK. The UK Border Agency is not issuing removal directions these days along with refusals of applications outside immigration rules and also denies people a right of appeal stating the right of appeal shall be granted following the issuance of a removal direction. Our client’s case was one such and there are lot of people who are caught by this practice. Our client was lucky that his case was reconsidered by the UK Border Agency who subsequently granted him and family indefinite leave to remain in UK.
Disclaimer: This article only provides general information and guidance on immigration law. It is not intended to replace the advice or services of a solicitor. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of the use of this information.