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Advice on seven year child concession, DP5/96

UKBA withdraws 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.

152 Responses to “Advice on seven year child concession, DP5/96”

  1. 1. amy wrote

    January 13th, 2009 at 2:43 pm

    thanks a lot. It really helped.

  2. 2. Gareth wrote

    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

  3. 3. noreen wrote

    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.

  4. 4. Bashir Kharif wrote

    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.

  5. 5. Gareth wrote

    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.

  6. 6. Bashir Kharif wrote

    March 11th, 2009 at 5:22 pm

    Thanks Gareth for this,Atleast I made my applications far before the amendment on pd596 policy.

  7. 7. Sl wrote

    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!!!!!

  8. 8. Gareth Global Visas wrote

    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.

  9. 9. Gareth Global Visas wrote

    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.

  10. 10. morad wrote

    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

  11. 11. akeyo wrote

    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.

  12. 12. john Acquah wrote

    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

  13. 13. Gareth wrote

    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.

  14. 14. JOHN ACQUAH wrote

    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.

  15. 15. john Acquah wrote

    June 21st, 2009 at 8:33 am

    Hi Gareth, The name on the letter is Alison Ashton at the Sheffield office.

  16. 16. John Quamesa wrote

    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.

  17. 17. Gareth wrote

    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

  18. 18. laura wrote

    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

  19. 19. Gareth wrote

    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?

  20. 20. ISAH wrote

    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?

  21. 21. Nash wrote

    September 17th, 2009 at 2:13 pm

    Hi Gareth,

    Can I get more details about ( above) or thier contact address?
    Thanks.
    Nash

  22. 22. Karim wrote

    September 25th, 2009 at 2:20 pm

    Hello Gareth,

    Can I apply for ILR of legal 7 yrs stay children ?

    Thanks.

    Karim

  23. 23. Trini wrote

    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

  24. 24. Gareth wrote

    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.

  25. 25. Gareth wrote

    September 27th, 2009 at 6:58 pm

    No

  26. 26. Nash wrote

    September 29th, 2009 at 2:05 pm

    Hi Gareth,

    Please reply to 22.
    Thanks.

    Nash

  27. 27. Karim wrote

    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.

  28. 28. Gareth wrote

    October 7th, 2009 at 6:31 pm

    Maybe, There are still alot of gaps in the facts I would need to know.

  29. 29. Karim wrote

    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

  30. 30. Shafi wrote

    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

  31. 31. Prgeeth wrote

    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?

  32. 32. Gareth wrote

    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.

  33. 33. Miguel wrote

    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

  34. 34. Prgeeth wrote

    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.

  35. 35. Ola wrote

    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

  36. 36. joyce wrote

    October 30th, 2009 at 6:36 pm

    Hi Garreth,
    I sent you some message and has disappeared

  37. 37. Karim wrote

    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.

  38. 38. Mary wrote

    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.

  39. 39. kumar wrote

    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

  40. 40. Harun wrote

    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

  41. 41. Nash wrote

    November 26th, 2009 at 10:08 am

    Hi Gareth,

    Did you get any art8 expert clarification on legal 7 yrs child cases?
    Thanks.
    Nash.

  42. 42. Gareth wrote

    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.

  43. 43. Gareth wrote

    November 28th, 2009 at 11:21 am

    This seems to be a common question. In short I doubt it is possible right now.

  44. 44. kenny wrote

    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.

  45. 45. Gareth wrote

    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

  46. 46. qaz wrote

    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

  47. 47. Gareth wrote

    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.

  48. 48. STEPH wrote

    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!

  49. 49. Gareth wrote

    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.

  50. 50. Temi wrote

    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.

  51. 51. Alex wrote

    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

  52. 52. Gareth wrote

    March 8th, 2010 at 11:10 am

    You should seek professional help as soo n as you can, waiting does not make anything easier.

  53. 53. donald wrote

    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

  54. 54. Gareth wrote

    March 29th, 2010 at 9:23 am

    so how have you stayed in the country until now, what visa do you have?

  55. 55. Nampanzye wrote

    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

  56. 56. Gareth wrote

    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.

  57. 57. nadim wrote

    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.

  58. 58. Gareth wrote

    June 21st, 2010 at 9:04 am

    the seven year child concession would make more sense to me

  59. 59. florence wrote

    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.

  60. 60. annabelle wrote

    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.

  61. 61. shirley wrote

    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.

  62. 62. Gareth wrote
  63. 63. Bari wrote

    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

  64. 64. Radha wrote

    September 10th, 2010 at 7:18 pm

    we made a valid application before the withdrawal of 7 year policy but unfortunately it was refused and WE sent a repesentation of seven year policy,appealing under compassionate ground before 7 year policy was withdrawn. Nearly two years without any replY. WHAT SHOULD WE DO? MY OLDER SON SPENT NEARLY 10 YEARS IN THIS COUNTRY, THE SECOND ONE BORN HERE IS NEARLY 8 YRS OLD AND MY DAUGHTER BORN HERE NEARLY 7 YRS OLD.WE BEEN SPENDING SEVEN YEARS LAWFULLY IN THIS COUNTRY.MY HUSBAND BEEN WORKING AND PAYING TAX. VERY SOON WE WILL BE 10 YEARS IN THIS COUNTRY. MY HUSBAND HAS A DEGREE IN LAW COULDN’T PURSUE HIS STUDIES BECAUSE OF THE DELAY OF HOME OFFICE. WHAT SHOULD WE DO? PLEASE REPLY US

  65. 65. Akash wrote

    October 16th, 2010 at 1:29 am

    To whom it may concern.

    I need an advice please.

    We are Mauritians; My spouse is a full time student and I am her dependant as well as we have 2 children of 8 yrs.They only speak English and are adapted to the English cultures and background.The kids were born in italy in 2002 and we travelled to UK in 2003. I have been legally working and the children goes to school. We are legal but the problem is that my spouse is not able to continue her studies due to the fees are gone too high,the home office fees and money we must show for maintenance. So, is there any possibility under the Human Rights Act to get ILR ?

    With Many Thanks.

  66. 66. Mario wrote

    November 1st, 2010 at 4:15 pm

    As this is a unique case dealing with Human Rights, you will need to consult a lawyer to find out your rights. To speak with a lawyer at Global Visas, simply visit the UK immigration section of our website and click on the link for a FREE assessment with Global Visas.

  67. 67. Mario wrote

    November 2nd, 2010 at 3:20 pm

    You should speak to an immigration lawyer who might be able to help you lodge a UK visa application on compassionate grounds. To get in contact with an immigration lawyer at Global Visas just visit the UK Visas section of our website and take the free assessment.

  68. 68. Walter wrote

    January 27th, 2011 at 1:20 am

    I would like to find out whether long residence category is going to be revoke? I will be very happy to know because I will be due next year it for and some people are saying it be revoked soon.

  69. 69. syed wrote

    February 17th, 2011 at 4:00 pm

    Its more then 22 months now, for article 8 application. I have a heated argument with UKBA on phone day b4 yesterday. told them I want decision what ever it may be. it look like they are blind and deaf. involved MP, provided them evidence of compassionate ground. they dont give a damn…what to do??????????/

  70. 70. syed wrote

    February 25th, 2011 at 6:34 am

    thanks God…finally got phone call from solicitor…3 years discretionary….

  71. 71. Ali wrote

    February 28th, 2011 at 7:28 pm

    Congrats Shahji

    can u pls tell us what was ur case about
    like how many kids u have and how old are they and since how many years u been living in UK

    pls contact on freelancer757_uk@yahoo.co.uk

    Jazal Allah

    Ali

  72. 72. Ahmed wrote

    April 3rd, 2011 at 5:11 pm

    Hi Gareth, I have drawn a lot of inspiration from the advise you have given on this website, sadly my case is more complex than all that I have seen here on your site, Mine is a war with UKBA and with God on my side I will win. Well done for the good work.

    Ahmed

  73. 73. Dolothy wrote

    May 13th, 2011 at 5:42 pm

    It’s been 16 months of application based on human right with two children 11 and 5 years old. One came when he was 2 and another born here. What should I do now? wait or anything else. Thanks

  74. 74. orchidee wrote

    May 16th, 2011 at 12:04 pm

    Hi Dolothy your child has been living in the uk for the last 9 years, you need to be patient, leave the HO people deal with it dont rush, you will hear a good news God Bless

  75. 75. amine wrote

    May 20th, 2011 at 1:05 am

    hi orchidee i received bed news 2 days ago that my application for echr under article 8 has been refuse ,after 2 years waiting fo decision ,last 3 months the home office reply
    to my solicier asking us to provide further documment,

    valid passport
    bank statment
    leter from my childrens school
    council tax receipt
    and proof from job center that we never ask for any benefits

    and after that we have been refused with no right of appeal
    my soliciter send them another letter of reconsideration,
    now i don’t no what is going to happen next.
    my childrens spend more then 8 years in this country so i am asking my self what i have to do if they decide to send us back to our contry of origine, they dont no how read and right arabic, no school is goig to take them at this age of 11 and 9 years .

    thanks.

  76. 76. Dolothy wrote

    May 21st, 2011 at 11:51 am

    Amine
    If you give your e-mail detailing when you applied, what form you used what documents you included first time and your entrance status in the UK then I could give some suggestions out in this matter as my solicitor gave advice me which I think very good.
    Thanks

  77. 77. amine wrote

    May 21st, 2011 at 2:27 pm

    hi, dolothy i enter this country in 2003 with my wife and 2 children, the eldest was 2 an half now she is 11.
    te second was only 9 months and now he is 9 .
    and the 3 one is only 3 years old she was born in uk.
    my soliciter send application under echr articl8
    we provide all necessary documents, including
    life in the uk teste
    all bills,letters of support from friends and family, fom school…..ect
    we have been waiting for 2 years to get an answer from them,last 3 monts i received a phone call from my soliciter to tell me that home office ask me to provide some further documents , like i have mentioned befor .
    at the end i get refused with no right of appeal because of our overtaye status, but my my soliciter send another letter of reconsideration, because the home office didn’t take my eldest child in consideration,he think that it would be unfair and unresonable for them to be required to return and start all over again.

    thanks

  78. 78. orchidee wrote

    May 21st, 2011 at 9:14 pm

    hi amine who is your soliciter? an important delay of 2 years has been made before making a decision and now reconsideration need to be made again, the kids age is really important,be patient and carry on fighting man, email me at orchideeblanche37@yahoo.co.uk

  79. 79. Ali wrote

    June 15th, 2011 at 9:53 pm

    Hi All

    I cant see my previous comment

  80. 80. Hannah wrote

    June 18th, 2011 at 2:07 pm

    HI everyone,
    We came to UK in 2004,my visa has expired in 2004.So we are 7 years in UK illegally with my husband- family.
    Also have 2 children were born in UK,older boy is 6 and half , a daughter is 2 years old.
    We spend a lot of money for advice from solicitors,have not send any application form,solicitors opinion are different,very confused what to do?
    Please,would somebody suggest what shall we do,to have a rights to stay in UK.
    Many thanks,Hannah

  81. 81. egtan wrote

    June 18th, 2011 at 9:54 pm

    Hi Amine and Hannah

    The UKBA is now using delay tactics to make people who have applied using article 8 fed up so that they will leave voluntarily. If you look at the conclusion of your refusal letter it will state you have to leave voluntarily else they will prosecute you and your family.

    This is the letter they have been sending to people with childfren in recent times. I believe anytime you your solicitor sends a letter the same reply will be copied to you.

    For you Hannah the best is to hope that your elder child turns 10 years since he/she was born in the UK and has lived here all her life. There is a policy at the moment for children in such situation to be registered as British citizens and on the 1st of June the UKBA issued a circular that they are reviewing the rulings from European Court about parents with EU children which your child will fall into once 10 years.

    I wish you good luck in the future.

  82. 82. amine wrote

    June 20th, 2011 at 1:59 am

    hi, egtan ca you please be more cleare with your comment, because i cant indertand what do you mean by (i believe anytime you your solicitor sends a letter the sama reply will be copied to you)

    or you mean that there is no hope for us.

    thank you.

  83. 83. lerry wrote

    July 11th, 2011 at 2:26 pm

    How true is this, can anyone give us more info about what immigration minister said recently

    Revised rules
    As part of the efforts to clear the backlog the UKBA have dedicated huge administrative resources, including employing bulks of contract staff. However, other methods they have employed have included relaxing the rules that apply to these legacy cases.

    Revised guidance was approved allowing caseworkers to grant permission to stay for applicants who had been in the UK for six to eight years. This is reduced from the ten to twelve year stay required at the start of the process.

    The secure archive for cases where the applicant is untraceable is another measure which was reduced to simplify the process.
    more on this link: http://lifeintheuk.net/index.php/news/home_affairs_committee_finds_ukba_failing_to_control_immigration/

  84. 84. summer wrote

    July 12th, 2011 at 9:12 am

    hi
    is it a good time to apply ?or wait longer than 11 years being in the country ?
    what is the best thing to do ? I am so confused . I need help please

  85. 85. SALIL wrote

    July 12th, 2011 at 8:30 pm

    HI GREATH, PLS PLS, I KNOW U R VERY BUSY ,COULD U GIVE ME LITTLE ADVICE , MY SON IS NOW 6+, BORN UK , WE R STILL LEGAL IMIGRANT, CAN WE APPLY UNDER ARTICLE 8 OR ADVICE PLS.TELL ME SOMETHING PLS.

  86. 86. s ara wrote

    July 14th, 2011 at 12:38 pm

    hi everyone i need some advice.i have three children 8year old 5and 3year was born here.and attending school.my husbend was bring me in this country illegal intery,but my husbend die in car accident in 2008.now i m alone parent.my application in article8 refuse on january 2011 after we apply ajudicial review then home office siad we reconsider your case.i m worry what i do now.please give me any advice thanks to all……………GOD BLESS YOU

  87. 87. orchidee wrote

    July 16th, 2011 at 9:28 pm

    hi everyone finally the good news we have been granted 3 years DISCRETIONARY LEAVE God Bless everyone who supported us in our case, even with a little word, patience and keep fighting for your familys is always some bright days at the end of a dark tunnel… Good luck to all….

  88. 88. Hannah wrote

    July 20th, 2011 at 1:37 pm

    Hi orchidee,
    Congratulation !!!!!!
    I m pleased for you!!I have send you email,please would you be able to reply.
    Many thanks,Hannah

  89. 89. Hannah wrote

    July 21st, 2011 at 4:29 pm

    Hi everyone!
    We are in UK 7 years,My son is 6 and half.
    Do i have to make an application now or wait until my son is going to be 7 years old?
    Please ,would somebody suggest what to do ?
    Many thanks,Hannah

  90. 90. Ali wrote

    July 27th, 2011 at 10:18 pm

    Hi orchidee
    Congrats and have a wounderfull life here. Just give few information. Was ur case on article 8 and when did u apply and did u recently change ur solicitor. As i am waiting for my reconcideration reply from home office since 12 months and not heard from them any thing my solicitor did send them 2 reminders but still no reply.
    Once again hv a wonderfull anf fear free life
    Ali

  91. 91. Hannah wrote

    July 29th, 2011 at 7:42 am

    Hi Ali,
    How long you are in UK,and you children,how old are they?

  92. 92. Ali wrote

    July 30th, 2011 at 7:51 pm

    I am here in uk since 2003 and my kids 9 yrs and the one born here she will be 7 yrs in august

  93. 93. Hannah wrote

    July 31st, 2011 at 5:51 pm

    I saw solicitor last week ,they said that we have to wait until one of child who was born in UK become 10 years,then after that,you can send application form.
    Also he said if somebody had an application last year they might received something.I hope i ll get something,just believe in better.
    My son was born 2005,came to UK 2004.
    We havent done any application so for,very confused what to do after seeing solicitor last week.
    Hope to hear a good news from you!!!!

  94. 94. Ali wrote

    July 31st, 2011 at 6:24 pm

    Thanx

  95. 95. Dave wrote

    August 4th, 2011 at 10:38 pm

    Guys,

    Never go for a reconsideration.

    The best option is to to judicial review the decision.

    Please refer to Paragraph 32 of the judgement of the Court of Appeal in R v Abassi.

    Best of luck.

  96. 96. Mishima wrote

    August 5th, 2011 at 11:11 am

    Hi Gareth,

    We came to UK on April 2002 on visit with our first son. In December 2002 we had a baby girl in UK. There after we overstayed here and we had one more girl in 2004. The 7 year policy withdrawn on 9th December 2008 and our doughtier qualified for this policy on December 2009. And we applied for a discretionary leave on February 2010 and within one year UKBA refused the application without appeal right. I had no other way than JR and we seek the permission for JR in high court and the process is going on. Now we had a letter from UKBA to withdraw the JR and they will reconsider the application. Kindly advice us what choice should we make. If the reconsideration not gone on our favour will they give us an appeal right or if I go with JR and what will be the verdict from high court

    With regards
    Mushima

  97. 97. Devanand Desai wrote

    August 9th, 2011 at 3:14 pm

    RE Post 69 Syed.

    Thank you very much Syed.

    I read your posting and I rang them but not much luck as the phone number goes to a switchboard where they don’t get access to the case file details.

    I even wrote to my MP, but no luck.

    Finally I wrote them by bypassing my solicitor and stated in my letter that it is more than enough to wait for a decision for more than 18 months. I also stated that I paid for the application and UKBA must make a decion in a reasonable time whether in my favour or not in favour.

    GUESS WHAT?

    On the 9th day from posting my letter, I received a phone call from my solicitor that my family has been granted three years discretionary leave.

    THANK YOU MY LORD.

    I have got three advice for people still waiting for a reply:-

    1. Do not trust your solicitors though you pay them.
    2. Never opt to go for a reconsideration.
    3. You know your case better than anyone, so write to UKBA yourself.

    GOD BLESS

  98. 98. Ali wrote

    August 10th, 2011 at 9:41 pm

    Hi all why there is so much of silence.
    Has every1 got the rights to stay in uk.
    Pls keep posting ur experience and keep the candle of hope burning.
    Ali

  99. 99. Ramesh Tamrakar wrote

    August 12th, 2011 at 6:56 pm

    Hi, I am an overstayer. I got a 9 years old son who born in uk. Can I have a chance to get a stay in uk on the basis of my son? plz suggest me. Many thanks.

  100. 100. Hannah wrote

    August 15th, 2011 at 5:57 pm

    Hi Ali,
    I do not have any good news.
    What is about you?
    Hanna

  101. 101. Ali wrote

    August 16th, 2011 at 12:59 am

    No news yet
    When did u submit ur case and on what base ?

  102. 102. Alex wrote

    August 18th, 2011 at 1:11 pm

    Hi Orchidee, congratulation to you ! we applied for IRL under article 8 ECHR recently we filled out the form without the help of a solicitor ( we have 2 children first of which has been in school for 7 years and a daughter that was born here in 2008) the application form we sent was SET (O), we would like the result to be positive the first time but we think that it will not. Can you give us your solicitor name, and which form did you send SET (O) or FLR (O)?
    Please reply to us, I will send you email with my address .

  103. 103. Khan wrote

    August 22nd, 2011 at 2:24 am

    hi to all this is my first to use this site for advise alex if u have visa valid then u can send SET(O) if u are overstay then u will send FLR(O) forms.

  104. 104. Khan wrote

    August 23rd, 2011 at 1:15 am

    we are family here for 8 years and we have 3 children two are near to 7 Years and one is 1 years old, and 7 years we were on student visa and last year we were refused and now for the last 5 months we are overstayed can we apply on bases of 7 years child concession for DLR for 3 years visa, we are 25 family concession in the UK with British friends and British relatives and children are going to school for 4 years. please give us good advice it will be highly appreciated. Thanks

  105. 105. Muhammad Naeem Khan wrote

    September 2nd, 2011 at 1:03 pm

    Your comment is awaiting moderation.
    Dear Sir/ Madam,
    i just wanted to know that it is possible that we can stay or remain live in uk permanently. Because i have thoroughly read all comments from all my colleagues still now no one satisfy or happy with Article 8 of the Human Rights DP5/96.
    Can you please tell me the right way, that my wife she is on study tire 4 student visa my self including my two kids we are here on dependent visa and i have a full time work allow in uk.

    Kids are going to school and we want to live here on a legal basis.
    Please tell me can we think it that if we stay in uk as legally and children takes the education here for seven years. so what is the best time for applying and how many chances to get the legal residency here either we will be go back to our home country after completion of study please tell me the answers of my all questions.

  106. 106. amber wrote

    September 9th, 2011 at 11:36 pm

    hello everybody, have been reading your alls mails. my friend who was here since 2004 with family just got their 3 year discretionary leave on children basis. they applied asylum but the caseworker refused asylum and said she grant them 3 year visa because of their children. i have a question for myself. my asylum application is pending i applied asylum with family in dec 2009. but now it s been 7 years in this country. can i apply for article 8 while my asylum application is still pending?

  107. 107. Britus wrote

    September 10th, 2011 at 11:18 am

    We filed for asylumm in Dec 2009..which is still pending. It has been 7 years today since we entered UK. Can we apply under article 8 as well? Do we file for it or do they consider it when the time comes to make a decision on our case? Thank you for such great information. I will look forward to yourr reply.

  108. 108. Britus wrote

    September 10th, 2011 at 11:20 am

    Additionally, I have three kids, with one being born here in 2006. My olddest is doing GCSE and is one of the best students in his class. Any help will be greatly appreciated.

  109. 109. Ali wrote

    September 10th, 2011 at 10:25 pm

    Hi guys pls keep coming with ur latest experiences wz home office on ur pending cases
    Thnx
    Ali

  110. 110. my name is Micah wrote

    September 16th, 2011 at 10:35 pm

    My name is Micah, i and my wife has been leaving in uk since 2004 but have 3 kids 7 5 and 3. my 7 year old son is Autistic, we got arested by uk border agency about 2 years ago before we applied for a leave to remain which we were refused and later granted an appeal and we lodged the appeal since dec last year but up till now we’ve not been giving a court date while most of other people with same application has been giving a cout date and some cases are already over. can u pls advice on this

  111. 111. orchidee wrote

    September 20th, 2011 at 6:52 pm

    Hi my oldest son was 8 years old and the second 6 years old both born in the uk. We had a refusal first and we appealed the decision it took 2 years. My advice to you is to be patient and to support your case with all the evidences. My email orchideeblanche37@yahoo.co.uk

  112. 112. John Acquah wrote

    October 2nd, 2011 at 5:10 pm

    Hi All,

    This government wants to change the ECHR to British Bill of Rights this will affect Article 8, lets pray I was reading BBC website and they are saying immigrants are using this law as a loophole to stay here. please all make your application quick and speak to ur lawyers

  113. 113. pari wrote

    October 5th, 2011 at 4:02 pm

    hi guyes i am writing here 1rst time i am here from 2004 my son was bors in 2oo4 he will become7 years in december we did not apply yet i am too much confused i dont know what to do goying back will totaly disturbed my son,s life i am only worried about him can someboday adwise me?what to do which lawyer is good and now after mrs may sppch can we still use humanrights act or are lawyers can still challange this law what will happenplz plz i nead some adwise where to go

  114. 114. Aysha wrote

    October 12th, 2011 at 8:07 pm

    Hi
    I am a single parent with two children aged 15 and 17, who were not in the UK. We have been living in the uk for 9 years now. We hav not had a reply from the home office and its been more than two years.
    How much more time will it be till the home office makes a decition?

  115. 115. Ali wrote

    October 19th, 2011 at 11:15 am

    I think no body is bothered any more regarding their status

    pls keep updating …….

    I hv been still waiting for any reply after sending my re concideration letter to home office in july 10… since then waiting
    just 2 refest my case is Article 8 human rights here in uk for last 8 yrs with my 2 daughert 9yrs and 7yrs (born in UK )

    Thanks

    Ali

  116. 116. mary wrote

    October 20th, 2011 at 9:24 pm

    i have been legally living in the uk for the last 6 years – on student and now work permit – i now have a son whose father has ilr but since we are not together he has refused to applly for his sons british citizenship. how can i go about making an application for him.

    can i make an application for ilr as his sole carer. kindly advise me as my visa is due to expire soon

  117. 117. Gareth wrote

    October 24th, 2011 at 3:50 pm

    Hi, you will need to speak to one our our experts ASAP. Please use the contact page to find the best Global office for you: GlobalVisas Contact

  118. 118. Gareth wrote

    October 25th, 2011 at 9:23 am

    Please contact us as soon as possible to help with this case.
    GlobalVisas Contact

  119. 119. Misbah wrote

    October 27th, 2011 at 11:40 am

    Hi,
    i’m a 15 year old girl living in Karachi Pakistan, i am planning to move to a boarding school of UK without my parents or anyone so wanted to know how i can go about for the visa applications if i can apply on my own and all.
    Thanks, waiting for your reply :)

  120. 120. Ali wrote

    October 28th, 2011 at 12:12 pm

    Hi Gareth/hassan

    Can u pls explain in detail abt this Hearing

    http://www.bailii.org/ew/cases/EWHC/Admin/2011/1850.html

    Thanks

    Ali

  121. 121. Ali wrote

    October 31st, 2011 at 5:30 pm

    Hi Mr Devanand Desai
    Ref Post 97

    Thanx for the update
    can u pls send me the format of the leter u sendt to UKBA
    i think i will need to do the same……. waiting from last 16months for the reply on my reconcideration

    I will appreciate if u can send me the copy of the letter u sent to Home Office
    and in ref Pls write Golbal visas to avoid spam

    freelancer757_uk@yahoo.co.uk

    Thanks in Advance

    Ali

  122. 122. Khan wrote

    November 4th, 2011 at 12:37 am

    Hi to all, every one can e-mail me regarding Article-8 and or 7 Years living in the UK or 7 years child concession policy i will be advised you in details
    Thanks
    mdin80@yahoo.co.in

  123. 123. Ali wrote

    November 11th, 2011 at 9:44 pm

    Hi mr khan
    I hv not heard from u. I had emailed u last week but no reply. For god sake dont play any games wz us.
    Ali

  124. 124. Khan wrote

    November 11th, 2011 at 10:21 pm

    Mr ali this is not game and I am not player i am only reading the books and articles and learn new rules of the United Kingdom and I am proud to teach other innocent people without any wages and I advised to those people they are stuck with his own cases please contact good,kind and legal solicitor, OK Mr ali do not worry i have 23 E-mail received and i am giving reply step by step InshAllah they will successes soon his own cases.

    Hi to all do not worry i will give your question reply soon with all courts decisions, you are also get good advised from this site GobalVisa is a famous and good adviser site…

  125. 125. Ali wrote

    November 12th, 2011 at 8:09 pm

    Thanks mr khan
    Dont feel ofdended cause we r all broken and we cant bear any more
    Will wait for ur email
    Jazak Allah
    Ali

  126. 126. egtan wrote

    November 20th, 2011 at 5:39 am

    I just got my child registered as a British citizen. We have now got a passport for her. She was born in the UK and had lived here since. Registered after turning 10 years old.

  127. 127. Ali wrote

    November 21st, 2011 at 1:15 pm

    Dats a good news
    But what is ur status ?

  128. 128. Hee wrote

    November 22nd, 2011 at 11:53 am

    Hi Gareth,
    I have been in the Uk since july 2001 and has been in lawful stay as a student. I put an application through for ILR in Sept 2010 which has been refused. I am married with 2 children who were born here. We pushed on the ground of article 8 and we lost the case. So I placed another application in August as I have completed a 10 year legal stay but it has been turned down with no right of appeal.
    I have relatives and friends here who are willing to support me by providing letters … but I am not sure where I stand. It seems that I am considered as an illegal person in the Uk now. I will ask UKBA for a reconsideration based on my children but I am not sure if this can produce a removal notice from them. Your help is greatly appreciated.

  129. 129. Admin wrote

    November 22nd, 2011 at 3:11 pm

    Hi Hee, get in touch with the Global Visas UK office. You should speak to an advisor to get further information http://www.globalvisas.com/

  130. 130. Hee wrote

    November 22nd, 2011 at 9:38 pm

    Thanks for getting back to me. I got a court letter from IAT that my appeal was unsuccessful at some point in August. I have then completed a 10 year legal stay since July which UKBA claims that my visa ended in Feb 2011..I am not too sure how they can claim this though…Now to recap, my application since September 2010 was turned down initially as they claim they could not get the fees from my debit card.After inquiring with my bank, we found out that UKBA made a mistake while entering the last 3 digits of my debit card and thus the payment was declined from my bank….My bank produced a letter to confirm this story and my case went forward.Long story but I don’t know where I stand with my immigration status by now…

  131. 131. Rajja Bhatia wrote

    December 6th, 2011 at 10:55 pm

    Hi all,

    Why everyone so quite, does everyone get ILR already?

  132. 132. Ali wrote

    December 9th, 2011 at 10:28 pm

    Hi mr khan
    Not heard from u
    Pls help wz some tips

  133. 133. Walter wrote

    December 14th, 2011 at 7:36 am

    Hi Gareth,I’ve been following ur site and reading ur blog for a while now even before I sent my application. Unfortunately, my application was refused due to traffic offenses and Article 8 that is
    1.The secretary of states is not satisfied that u do not hv one/more unspent convictions within the meaning of the Rehabilitation of offenders Act 1974.
    2. The secretary of state can not see that u will not be able to enjoy ur family life outside uk as I lived in my home country before coming to uk.
    3. The secretary of state can not see that I hv any dependency on me in the UK. There is nothing to prevent me from leaving the Uk.
    4. You and ur wife live in accommodation privately rented by me . There is no evidence provided to suggest u hv a property

    I am appealing @ the moment since
    1a. I’m legally married to a british citizen who has never lived in Ghana
    1b. I now hv a 2 months old daughter which is not known to the home office so my Article 8 needs to be reconsidered. My wife was 8 months pregnant when I applied so truly didn’t hv a baby/child by then.
    2. I’ve lived in the Uk legally for 3 years n 4 months , that is since I entered into Uk
    3. My wife just finished college this year and has passed her course so now enrolling VIA UCAS into a University, dat is next year(2012) so she wld need my help/support with the baby/child when she starts University. Moreover, they asking us to hv a family life outside the UK will affect my wife’s education.
    4. My Father is having stroke so seriously rely on me since he doesn’t feel nothing when passing urine & toilet, bathing, cooking and also taking him out for a walk

    In ur best opinion, do u think I hv a case and what are ur suggestions ? . Thank you.

  134. 134. Admin wrote

    December 14th, 2011 at 9:33 am

    Hi Walter, you will need to speak to an advisor to fully explain the situation and to receive feedback. Here are the contact details http://www.globalvisas.com/contact.html#uk

  135. 135. Rubbish Removal wrote

    January 7th, 2012 at 1:38 am

    Great post. I was checking constantly this blog and I’m inspired! Very useful info specifically the remaining part :) I deal with such information a lot. I used to be looking for this particular info for a long time. Thank you and good luck.

  136. 136. Muhammad Hasnain wrote

    January 7th, 2012 at 6:34 pm

    Hi
    I am in UK since October 2006. Currently I am on my PSW visa expiring next month. My son was born here in January 2010. He is born with Kidney Failure and other medical conditions. He is being treated by NHS. He needs a kidney transplant, which hopefully will be done this year. I am from Pakistan and don’t want to take him back as there is either no treatment or very expensive treatment, which I am unable to afford. Moreover, my wife is pregnant again and baby is due in 3rd week of February 2012.
    I want to know if I can apply for FURTHER LEAVE TO REMAIN on these grounds and which application form to use, if yes is the answer.
    Regards,

  137. 137. Admin wrote

    January 9th, 2012 at 9:35 am

    Hi Muhammad, sorry about your situation. You should contact us to speak to an advisor who can give you further details how we can help http://www.globalvisas.com/contact.html#uk

  138. 138. orchidee wrote

    January 9th, 2012 at 8:37 pm

    Hi, Gareth, Hassen or anyone who could answer or help pls.
    We have been granted 3 years def leave to remain, but my oldest who was born here will turn 10 just before the expiry time, do i have the right to apply for his citizenship or do we just reapply for another visa? how that work pls. Thanks

  139. 139. Muhammad Hasnain wrote

    January 10th, 2012 at 1:06 pm

    Hi
    I rang 5 times but only got through once and the answer was NO and put phone down.

  140. 140. ben wrote

    January 12th, 2012 at 12:28 am

    we hv spent more dn 10 years in uk we got 3 children 6anhf years 4ys n 2ys. we hv been to fist tr tribunal and our appel is allow and remited back to the sec of state for proper consideration. now we hv written to them regard of clame on article8. we stll expecting the outcome/

  141. 141. Rajja Bhatia wrote

    January 12th, 2012 at 10:30 pm

    hi all,

    Is it ture the supreme court granted permission to appeal for 7 year child concession and hearig will be in april 2012. If it is true, its good news for family who have a children.

  142. 142. Khan wrote

    January 13th, 2012 at 1:00 am

    yes, it is 100% true the hearing will be in April-2012 and this hearing will be 3 days continuously InshAllah it will be good and succeed news for all families whose children for 7 years in the UK.

  143. 143. Rajja Bhatia wrote

    January 13th, 2012 at 11:02 am

    Thank u khan. Hope we succed in this process and all family who living here in limbo will be free. God bless them.

  144. 144. Ali wrote

    January 14th, 2012 at 8:01 pm

    Hi mr khan
    I m still waiting for ur email.

  145. 145. Khan wrote

    January 15th, 2012 at 1:04 am

    thanks ali what information u need plz send me ur e-mail asap. with details

  146. 146. Rajja Bhatia wrote

    January 17th, 2012 at 12:21 pm

    hello khan,

    Could u share ur story how u got ur stay in uk? i am in a big limbo brother. I came in uk 14 years ago. My visa was refused and appeal lost in 2005. from october 2005 i am an overstayer. I have a wife and daughter dependent with me. My daughter born here in uk and now 8 years 6 months old, going school. i am in a big limbo. What can I do? people suggesting me once visa was refused and lost appeal, clock stopped for 14 years rule. Could u give me a advise please? God bless u
    thanks

  147. 147. vivian wrote

    January 18th, 2012 at 3:14 pm

    Rajja, apply under the 14year rule it takes 8 weeks to get a response u never know ,

  148. 148. Rajja Bhatia wrote

    January 18th, 2012 at 5:40 pm

    thanks vivian, probably clock is stopped for 14 years, everyone suggesting me.I don’t know what to do? Shall I get a file from home office (SAR)? Is any risk to get a SAR file from home office? Risk in the sense, might immigration officer come for arrest as a overstayer.Suggest me what to do please?
    kind regards

  149. 149. vivian wrote

    January 19th, 2012 at 8:47 am

    you should just apply for the 14 year rule with a solicitor , you will be fine do not just sit there doing nothing because if you re caught now they will try to remove you all the best apply now the sar file takes about 3 months to come

  150. 150. Rajja Bhatia wrote

    January 19th, 2012 at 9:50 am

    thanks vivian kindly appreciate ur suggestion. Do u know some good solicitors? someone we can trust.If u have could u send me to my mail: rajja343@hotmail.co.uk
    Kind regards

  151. 151. lee wang wrote

    January 29th, 2012 at 8:58 am

    hi Gareth, i am a chinese citizen who came to uk for studies about 8 years ago. i have since lived here legally for more than 7and half years combining both studies and working visas. in september, 2011, when my visa was expiring, i applied for the tier 4 student visa. since november , i have done biometrics and has not gotten my visa and that of my wife who is my dependant.anytime, i call the home office is saying that they have no information because my application is not up to six months. however, the biometrics is up to 10 weeks now and i feel my application has been rejected. please, what option is left for me, can i apply through article 8 since i have adpated to uk life and never pent more than 60 days in total outside the uk throughout my 8 years period in uk. my wife came in 2006 but we have no children since i am still studying cos time to work is limited. i have never made any claims for benefits and i have no criminal records. please, what option do u think is available for me after staying here for 7 and half years legally?. thanks, i am waiting for your reply.

  152. 152. Admin wrote

    January 30th, 2012 at 9:38 am

    Hi Lee, you will need to speak to a Global Visas advisor who can provide the available options for you. http://www.globalvisas.com/contact.html#uk

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