Archive for the ‘UK immigration: 7 year child concession’ Category

The fact that a child has spent a significant period of their life in the UK will continue to be an important relevant factor to be taken into account by caseworkers when evaluating whether removal of their parents is appropriate.

On behalf of everyone who has written in with concerns of the withdrawal of the 7 year child concession I wrote to Lin Homer, Chief Executive of the UK Border Agency, for clarification on where families stand in accordance with Article 8 of the European Court on Human Rights (ECHR).

She was kind enough to pass my questions on to Richard Honeyman, Assistant Director at the UKBA, and I am grateful for his response.

I provided a link to your comments on the Global Visas blog which the Assistant Director has read over.

Whilst the UKBA can’t respond to individual cases or examples he has tried to simplify what the withdrawal of DP5/96 means in line with Article 8 of the ECHR:

“There has been some confusion and misunderstanding by many outside organisations, legal representatives and individuals as to how DP5/96 operated prior to its withdrawal, as well as how cases concerning children will be dealt with now that the child policy is no longer in place,” wrote Mr. Honeyman.

“As you are aware, on the 9th December 2008 when the Immigration Minister Phil Woolas formally withdrew the policy he made the following statement:

‘The fact that a child has spent a significant period of their life in the UK will continue to be an important relevant factor to be taken into account by caseworkers when evaluating whether removal of their parents is appropriate. Any decision to remove a family from the UK will continue to be made in accordance with our obligation under the European Convention on Human Rights (ECHR) and the Immigration Rules.’

‘The withdrawal of DP5/96 and replacing it with consideration under the Immigration Rules and Article 8 of the ECHR will ensure a fairer, more consistent approach to all cases involving children, whether accompanied or unaccompanied, across UKBA. Withdrawing the policy will also prevent those overstaying or unlawfully present in the UK having the benefit of a concession which does not apply to those persons who comply with the Immigration Rules and remain in the UK lawfully.’

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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:

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Children younger than seven might now have a stronger case to argue

‘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

As many people already know DP5/96 protected the rights of children born and/ or living in the UK continuously for at least 7 years.

It meant the child and parents could not be deported to the parents original country, as in most cases, it would be a traumatic and unfamiliar experience.

Effective immediately is the decision not to support visa applications relying on a DP5/96.

Is this a good or bad decision?

Removals will still be able to be challenged under Article 8 of the Human Rights Act which takes into consideration the decisions in the cases of Beoku-Betts (FC) (Appellant) v Secretary of State for the Home Department.

The withdrawal of 5/96 is due to changes in UK immigration rules and the Human Rights Act 1998, which appear to have superceded the rules of 5/96.

Children who have spent less than seven years in the UK might now have a case to argue as long as strong, documented evidence is produced to support an application.

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