12.01.09
Advice on seven year child concession, DP5/96
UKBA withdraws DP5/96 replaced by Article 8 of the Human Rights Ac
‘The United Kingdom Border Agency is withdrawing DP5/96, a concession which has also been referred to as the seven year child concession, as of 9 December 2008.’ – Phil Woolas, Minister for Borders and Immigration
Based on the number of enquiries we’ve had from concerned parents affected by the withdrawal of DP5/96 I’ve put together some information I found on how the UK Border Agency approach individual cases relating to UK visa applications concerning children.
I’m hoping this advice will reassure parents they’re not about to be deported, you all seem very worried.
In all cases involving children the following must be established and reported to the relevant casework section:
• The child’s age,
• Ties with the natural parent, how often children see their natural parent, whether any maintenance is paid towards the children’s upkeep,
• Whether the children could easily adopt to a life abroad, whether such a move would cause hardship or put their health at risk,
• Whether the children have the right of abode; the nationality of the children.
For visa applications involving people and children who do not meet long residence requirements the longer a person has lived in the UK, the stronger their ties with the UK will be. This will help your UK visa application.
However, more weight is attached to the length of time a child has spent in the UK compared to an adult.
Time spent whilst waiting for an in-time application to be resolved or where residence has built because of delay or administration error by the Home Office, should be regarded more favourably than time spent in the UK illegally. Delay alone will not justify granting leave to remain, but it is a factor caseworkers should take into account.
When considering delays in visa applications caseworkers willtake into account if the claimant:
• has a UK visa application outstanding for over 2 years, and
• has not received a decision from the UK Border Agency during the time, and
• has been making progress enquiries during that time, and
• in the meantime, the delay has meant that they have built up significant private or family life or if the delay has resulted in considerable hardship, for example children who have been established in school over a period of years because of UK Border Agency delay in dealing with families’ applications.
UK immigration will take into account the visa applicants personal history, including character, conduct and employment record.
Regard will also be given to any criminal activity the person, or any dependents, liable to removal action have been involved in.
It will be relevant to consider whether a person has maintained contact with the UK Border Agency, as required, and has been actively pressing for resolution of his/ her immigration status.
Similarly, a person’s lawful employment history and how they have supported themselves and/or their family during their stay in the UK will form part of the consideration.
UK visa applications will be considered on strength of connections to the UK, including family ties, marriage and civil partnerships and other connections such as business or lawful employment.
In cases where a person has spent their formative years in the UK, consideration must be given to whether they have adapted to life in the UK and/or whether they can adapt to life outside the UK.
In addition, the Home Office must take into account the impact of deportation of a person on their spouses and children.
When a person is married, in a civil partnership or a relationship akin to marriage with a person lawfully resident in the UK, a genuine and subsisting relationship will create further ties with the UK. In this regard, reference should be made to Proportionality in the Asylum Policy Instruction (API).
Domestic circumstances including housing, tenancy and ownership, whether they or their children are in education, whether anyone in the UK relies on physical, financial or emotional support all increase strength of ties between a person and the UK and are weighed against any adverse effects.
Additional factors including whether the UK visa applicant can maintain himself/herself and any children without the need for public funds for the foreseeable future shoudl be taken into account.
In the case of a child of school age, the effect of removal on a child’s education must also be considered, the practicality of plans for the child’s care and maintenance in the UK if one or both parents are removed, and any representations made on behalf of the spouse and child.
Compassionate circumstances such as ill-health, medical treatment, the inability of a person to look after himself/herself, and reliance upon persons resident in the UK must also be taken into account.
What should you do now?
My advice is to go through the points and start writing down your strengths, listing everything you can think of that will help your visa application.
Start with your child’s age, how long your child has been here, your ties to the UK – list you or your child’s schools, list the lawful jobs, including voluntary work, you have had and the family members you have living in the UK.
Write down how you are involved in the community and how you have supported yourself, your spouse and children. You might be surprised at how extensive your list will be and in the end it will help your visa application.
I hope this helps.
Published by Gareth McConnell Global Visas in UK immigration, UK immigration: 7 year child concession
January 13th, 2009 at 2:43 pm
thanks a lot. It really helped.
February 5th, 2009 at 10:44 pm
Thanks amy, glad this has helped u, think everyone is still reading the previous page cause I’m still responding to people from there – hopefully new people will catch onto this page as well and begin responding here so we can bring the conversation on for the sake of other in this buoyantly challenged boat
February 6th, 2009 at 10:01 pm
I have son and he’s 7 since oct 09, but i’m so scared.I am planning oto aplied for the 7 year. how can go about please.
March 11th, 2009 at 4:29 pm
This seems not to be the criteria used by the home office. I meet all the points you mentioned but, my asylum case is still pending for the last 11 years, this surprises me and buts me and my family really at a very bad situation and uncertainty of what they might decide to do with us next.
March 11th, 2009 at 4:37 pm
Hi Bashir, read other comments about this post here, you might pick up some more advice from other people.
March 11th, 2009 at 5:22 pm
Thanks Gareth for this,Atleast I made my applications far before the amendment on pd596 policy.
March 29th, 2009 at 4:32 pm
Hi Everyone,\n\n \n\nI have a few questions regarding abolishing Child Concession:\n\n \n\n1) Could you confirm whether the Applications submitted prior to cancellation would be considered under the rules DP5/96 or under Art 8 and new Immigration Regulations;\n\n2) To my understanding, the application should be considered under the old rules upon written acknowledgement of receiving the application. So what would be considered as a “written acknowledgement”?;\n\n3) Also, the very main question: how long does it take to consider such Application? A friend of my has submitted one about half a year ago and heard nothing from them since. Is it usually takes so long?\n\n4) Also, if anyone could provide me with information regarding websites or other means where I could get more details about actual procedure of consideration. I have surfed through the number of Immigration websites and many other forums dedicated to this subject, however, neither contained the information about procedure, helplines, contact details or other means of obtaining information!\n\n \n\nAny information about above is highly appreciated and much expected!!!!!\n\n \n\nThanks!!!!!
April 22nd, 2009 at 8:27 am
Hi Sl, sorry for not getting back sooner, applications before the withdrawls won’t be affected, unfortunately there’s no time frame, each case is considered on it’s own merits, the best thing for you to do is keep a written record of each phone call and conversation you have with the Home Office. Check out ilpa.org and UK Parliament website for more info.
April 22nd, 2009 at 8:46 am
I’ve just read a story about a nine year old boy and his mother from DRC. The mother has been in the UK since 2002, her son since 2005. They were both threatened with deportation but because they had the support of their local community and Tony, the son, has been attending a local school and doing really well, learning english and getting involved with the community, they have been granted ILR. Classmates, parents, teachers and other members of the community signed a petition, getting 2,100 signatures, presented it to the Home Office and it worked. A UK Border Agency spokesperson said all cases were considered on merit. This might have implications for those affected by the withdrawal of DP5/96, the 7 year child concession.
June 6th, 2009 at 3:55 pm
salut jai une fille nee on 2002 et un fils ne on 2007 maitenant dp5/96 nexiste plus je ne sais pas quoi faire pouvez vous maider merci
June 9th, 2009 at 3:46 pm
I gave in my application before the close of the 7 years child concession and really anxiously waiting for my reply which has not came yet. Is there any possibilities of being granted a work permit pls…… how do I go about?????? I need to get something to do to feed my daughter, I am a single mum and my sponsor has withdrawn to help me.
June 19th, 2009 at 1:12 am
Hi Gareth, I applied for the 7 year concession before it was withdrawn, I have been in the UK since 1999 “Illegaly” and my son was born in 2000, my application was submitted last Nov 2008 and last month May 09 I had a reply from UKBA that I have been refused, reasons I donot have leave to remain. The following week they sent another letter that the refusal letter was sent in error therefore I should disregard it with apologies, this was after my solicitor had written to them asking them to give more reasons why I was refused.In about a weeks time later the demanded for more documents like old bills and current bank statement which should be sent within 28 days, I sent all they required to them within a week and just about 5 days they sent me a letter refusing my application with no right to appeal basing they are reason for refusing me on the ECHR article 8, stating that I have not spent enough time here in the UK and going back to my country will not affect my family life, what suprised me is they didnt even say anything about my son who will be 9 years in December, he was born here and he has spent all his formative life here, so I think this ECHR article 8 wont be of any help, my solicitor has made a representation to AIT for a chance to appeal. I want to share my experience with other families in my position. Phil Woolas said every decision will be based on the child but I think that is a big lie, my advice to everyone is look for a very good solicitor before you make any application concerning this ECHR 8. Anyway Gareth do you think I have a case and will be successfull as I am very worried.
Thank You
June 19th, 2009 at 8:39 am
Hi John, thanks for writing in and telling everyone your experience. I think you have a very strong case and I think it’s disgusting how they’ve treated you and your son. First of all they send you a letter in error and then they refuse you without even taking into account your son, makes you wonder who’s making the decisions in the Home Office, was there a name on the letter they sent you? I’d like to email them and draw their attention to the people leaving comments on this site.
June 19th, 2009 at 10:05 am
Gareth, If I can get your private email I will send it to you as I thnk maybe they maybe on line reading this blog which might jeopodise my case I will give you all the info if you want me to. yooksan22@yahoo.co.uk.
Thanks for coming back to me, I will send you full text of all they wrote to me.
June 21st, 2009 at 8:33 am
Hi Gareth, The name on the letter is Alison Ashton at the Sheffield office.
August 26th, 2009 at 6:56 pm
Hi Gareth, I’ve been here legally for 8 years, the last 2 years have been under the hsmp route. But unfortunately, i do not meet the 75 points requirement for extending my visa. My last resort was to extend based on my daughter who was born in the uk 5 years ago, and is in school. Do i have any sort of chance? I need advise urgently. any help would be much appreciated.
August 26th, 2009 at 7:50 pm
Your daughter is not a rout you can use to stay in the UK I am afraid but I would like to review your HSMP or what is now Tier 1 case. We maybe able to so something there. I want to be careful not to raise your hopes but worth a look. It is terrible how they changed the rules like this
September 6th, 2009 at 11:20 pm
hi gareth i came here in 2001 my visa had run out afta a year i was scared to hand my self in because of deportation… anyway my husband and children came 6months after my arrive in the uk we have all been here for 8 years one daughter is 20 with a baby and the other 18 both from a young age…they have both gone to and adapted life in the uk it is sad because their can not work or support the baby is there anyway we can get help please i am in need of help for my children gareth
September 8th, 2009 at 11:34 pm
I got to be honest with you. Everything you said stinks of a family who is not contributing the UK at all and are just draining the public purse. Every day that goes by you are causing the UK a cost. Your children are grown adults and should go home as should you. It does not take me to say this. I bet you wont do that so you will have to wait another 6 years at least to be eligable for any type of visa. In the meantime if you are picked up you could be removed. Is it worth it?
September 10th, 2009 at 4:08 pm
Hello Gareth, sorry to intrude as I’ve question not falling under the 7 yr concession.
What hope is there in these times for a single person.mid-30s.no children.lots of family here.strong ties.overstyer.In UK for 12years? Can I have a look-in under Art.8?
September 17th, 2009 at 2:13 pm
Hi Gareth,
Can I get more details about ( above) or thier contact address?
Thanks.
Nash
September 25th, 2009 at 2:20 pm
Hello Gareth,
Can I apply for ILR of legal 7 yrs stay children ?
Thanks.
Karim
September 26th, 2009 at 2:46 pm
DEar Gareth
My daughters and i have been in the Uk for 6 and a half years they came at ages 4 and 2. they have been attending school regulary and i dont have any connections with their father as he has never paid any maintaenace to supporting them here or even in our country. Can i make an application under the ECHR article 8 . We have no home to go back to in my homeland and bascially no family ties. Please advise me urgent
September 27th, 2009 at 6:56 pm
Art 8 is not a reason to stay in the UK in this case as I see it. However, you are of course able to apply and you should not take my advice. Seek legal advice and let them know everything about your case. For what you have said unless you are cliaming asylum which I doubt you have little chance to stay.
September 27th, 2009 at 6:58 pm
No
September 29th, 2009 at 2:05 pm
Hi Gareth,
Please reply to 22.
Thanks.
Nash
October 6th, 2009 at 10:39 am
I have had student visa but now student dependent. Can I apply for tier1 if all other conditions satisfied.
October 7th, 2009 at 6:31 pm
Maybe, There are still alot of gaps in the facts I would need to know.
October 8th, 2009 at 2:19 pm
Hi Gareth,
I have had student visa till 2007 and my family as dependants and now my spouse got entry clearance from home country & all us as student dependants. There is no gap between leaves.
Please advice on in-country tier1 general.
Thanks
October 12th, 2009 at 8:50 pm
Hi Gareth,
I came to UK in September 2002 with my wife and a daughter and now I got two more children born in UK are 7 and 5 years old. They are going to school here. The first year I lived lawfully and the rest 6 years are unlawfull. Can I apply for my children on basic of ECHR article 8 and if so which form have to use.
Thanks
October 13th, 2009 at 11:45 pm
Hi Gareth,
We have applied on 7 years rule in Nov. 2007 but still under UKBA cosideration. Do you have any idea what we can do to get a decision soon? At the moment I am reporting fortnightly to immigration reporting centre. My wife and son came to uk in september 2000 and applied asylum in Nov.2000 but case and the appeal rejected in 2004. Again we applied against that under human rights it is now in case resolution directorate with different referance number under consideration over 5 years. Is it possible me to go to a higher court?
October 16th, 2009 at 8:47 pm
There is always a way if there is a will. If you have a Solicitor push them along.
October 21st, 2009 at 12:47 am
I sent the application to extend my student visa in the UK in the end of February and i’m still waiting for my visa or any information from the Home Office. I’ve been calling them very month and they just say that it is in process and i have to wait. Is that normal? I bought for 4 months after the time to send my application and i lost it, ii came here to study and travel, so i can’t leave the country because if i go somewhere i can’t come back… It’s disgusting.
what should i do? I’m thinking about look for a lawyer but i don’t know who cold help me.
Thanks
October 21st, 2009 at 8:21 am
Hi Gareth,
Yes I got one from IAS (imigration Advisory Service) but I don’t think he knows anything. He send aletter a month ago to home office to reply within 15 days but reply. I already told him if there is nothing in our hand to do against them they won’t simply reply. He said ‘oh they will’ now more than a month gone after he send a letter when I asked him he said be patient we can only do chase them up. If that so what is the point to go to him I have been doing this for 2 years now. Please let me know what I can do against them rather than waiting for God.
October 26th, 2009 at 5:26 pm
Hi Gareth,
I came as a student in november 1996, Had a daughter december 1997 and could not renew my student visa so I overstayed. A friend reported me to immigration, in august 1998 and I was asked to report and that they would arrange for me to go back and would let me know were to pick the ticket. That time I was of no fixed aboud so never reported. I have 2 daughters one 12 and the other 6, I have been working and because they are now asking to see my passport I don’t have a choice but stop working. I am scared have no idea if I have a good case if I try and apply, I really need advise.
many thanks
October 30th, 2009 at 6:36 pm
Hi Garreth,
I sent you some message and has disappeared
November 3rd, 2009 at 11:14 am
Hi Gareth,
My tier1 application is refused because of my current visa as student dependant relying on rule 245C(f).But they awarded all 95 points. Can I make fresh claiming I had student visa just before present visa, also I have two children going to school.
No appeal, no review, ask for fresh application.
Do I need to go back home for fresh application or can make any JR?
Pls advice urgent.
Thanks
Karim.
November 9th, 2009 at 1:36 pm
hi my partner came on work permit 1999 which has now expired.i came in 200 to visit him and fall pregnant. i now have 3 kids,6,3 and 6months respectively.what are my chances as i was waitng for my son who will be 7 next year for the family concession.
November 14th, 2009 at 10:05 am
hi Gareth,
We came from india on visit in 1999. lived here for the first year legally after extension of visa for further 6 months and then after overstayed. During the legal stay we had a boy and he is going to be 10 in next month. Can we register him as british citizen using form T. Expecting a detailed reply.
With regards….
Kumar
November 25th, 2009 at 6:52 pm
Hi Gareth/Hasan,
Is it pssible to apply for art8 ilr application for children studing here for more than 7 yrs without any asylum claim? Pl advice for human rights application.
Thanks.
Niloy
November 26th, 2009 at 10:08 am
Hi Gareth,
Did you get any art8 expert clarification on legal 7 yrs child cases?
Thanks.
Nash.
November 28th, 2009 at 11:10 am
A person can apply under law for anything they wish to apply for. The question is will it be approved. In the current climate I would not hold out much hope. Sorry to drop the bomb shell but I am sure many lawyers would love to take on such a case. Win or lose they get paid.
November 28th, 2009 at 11:21 am
This seems to be a common question. In short I doubt it is possible right now.
December 2nd, 2009 at 1:43 pm
i have been in the uk since 1999, i have a son who is now 6 years old. please i need advice regarding my immigration statues as the 7 years concession has been dropped.
December 6th, 2009 at 10:17 pm
We are always here to provide advice – why not visit our main website to find your local office. Just click the link UK Immigration
December 10th, 2009 at 12:24 pm
i applied my seven years policy visa behaf of my son who is 11 years old now they said my case is with the case worker but thenn till now i have no information about it so pls let me know how much i can hope for it or if they refuse it what further action i can take
December 13th, 2009 at 5:14 pm
It would be wrong of us to comment on a case we did not help to prepare that is about to be completed.
Best of luck and let us know how things turn out.
December 26th, 2009 at 10:50 pm
Please i need advice I have a friend from the ukraine living in England, illeagally! Her daughter is 4 years old, she has a partner who is half iraniun half greek I believe he is legal as has greek passport, what hope is there for her to become legal here? will she be deported to the Ukraine? What happens to her daughter? Help!
December 27th, 2009 at 10:42 am
There maybe something she can do undr EU law. It is a complex case and we would need to learn alot more. Contact our office to see how we can help.
January 4th, 2010 at 8:23 am
Hi Gareth, thanks for all the comments and advise. My case is a little bit different, not on 7 year concession, my 5 month old son is a british citizen, qualified through his mum. I have been here since 2005 illegally, work and pay tax and NI illegally but not working anymore for fear of illegal working arrest. Have a partner under 21(no chance for a spouse visa), and in my late 20ties.
On advise, Access right to a child, is my best chance. Need to go home to make an application but decided against that option because I dont want to get stucked down there for a very long time and be away from my very young family(in case I need to appeal a refusal) My solicitor told me that we can make an in-country application outside the rules, relying on artcle 8 because I have no leave to stay.
What are my chances, as I want other people in similar situations to learn from it. We are making an application this month. Thanks and I want to say thank you for the good work.
January 25th, 2010 at 10:27 pm
Hi! I need expert lawyer advise . we are family both have overstayed on our visas. We have15years son brouht into UK 5 1/2years ago and going to school here and next child who was born here september 2008.I was depending on the seven year concession now it has been abolish what step should i take or what grounds i can apply under for us all and our children. I would like to applay under art 8 ECHR through exrert lawyer. But is it enough 5 1/2 years? I would like you advise in our case if it posible? Just feel I can’t wait more till our son will have full 7 y years in school. We never claim asylum, so can’t go for legacy program . Please contact me I am really worried.Should we applay now ? Or beter wait till 7 yaers ?? Please advise me pleaseeeeeeee! Alex
March 8th, 2010 at 11:10 am
You should seek professional help as soo n as you can, waiting does not make anything easier.
March 22nd, 2010 at 4:49 pm
i come to the uk 1998 apply for student visa with in 5 month was turn down then apply in 2003 now i have 2 children living in the uk 13 month old and 15 yrs can i apply for a visa so i can work and support my children for past 7yrs my passport is with the home office and no decision has been made what can i do, thank you
March 29th, 2010 at 9:23 am
so how have you stayed in the country until now, what visa do you have?
April 10th, 2010 at 11:18 pm
Dear GAreth,
Thanks for this helpful website. Just wondering about the fate of my application for a Spouse visa which is over a yr now. I came to England in 2004, unfortunately i overstayed my visa. Am happily married though the lack of freedom to work, study and travel to see my family is a heavy pain in my heart i can not describe. I have had a reply to say my application is valid but have not heard anything ever since! do you think my application stand a chance. My husband has a pretty good job to support both of us however, for my sanity’s sake, to be allowed to work would heaven for me. Am forever waiting for the postman hopping for that miracle letter from the home office. Thank you
April 14th, 2010 at 9:41 am
you will have to wait, I am sorry. If you used a visa and immigration company like ourselves then you would have some piece of mind about the liklihood of approval.
This is just one of the ways that our services are worth the money people pay.
June 15th, 2010 at 8:56 pm
i have 1 son age 6 year finish in july. can i apply for Article 8 of the Human Rights ? or i wait for 7 year finish .. plz give me answers.
June 21st, 2010 at 9:04 am
the seven year child concession would make more sense to me
June 21st, 2010 at 2:33 pm
A question Gareth, is the seven year child concession still being used? I thought it was withdrawn in 2008. Please clarify reading the comment at No.58 thank you.
June 22nd, 2010 at 4:12 pm
hi graham. i have an urgrnt case.
my undergraduate student visa expires in three months.trouble is i unfortunately dropped out, reluctantly when my sponsor refused to pay the fees. im now in a panic . what are my chances of extending the visa, or applying for a owork permit. obviusly i dont meet the points requiured for these visas or extensions??
what are the risks of applying amn dwhta happens when an aoplication is refused? does one get deported.im in a cath 22 as i dont want to risk this or to be illegal.
July 26th, 2010 at 8:45 pm
Hi,
Both me and my husband are legal in the uk but our daughter has completed her 7 years & isnt included in our visa; but reading about the concession. i got thinking if she is still liable as both parents are legal. would i be able to apply for my child.
August 3rd, 2010 at 1:32 pm
http://www.globalvisas.com/blog/uk-immigration…ild-concession.html
August 16th, 2010 at 3:08 pm
Mr Gareth,
17 yrs old boy living here for 8 years legally/ Is it possible to apply for ilr?
Thanks.
Bari