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7 year child rule – new concession
Immigration changes occurred on 9th July 2012. Many have noted the new 7 year child rule as a rare positive note, among a range of UKBA immigration changes which were largely negative in tone.
Essentially the rule changes attempt to define who can and cannot apply to remain in the UK on the basis of private life / human rights. The vast majority of persons who apply for human rights are those who cannot qualify for other forms of legal status in the United Kingdom.
One area where the immigration authorities have said they will accept a human rights claim is where a child who is under the age of 18 has resided in the UK for the last 7 years.
Once it is proven that the child has lived here that long, the UKBA will grant them and their parents, and one assumes siblings under 18 status in the United Kingdom.
Where there is a British national child, the rules are slightly different and the child does not have to have lived in the UK for 7 years.
The rules do however require that the child and the parent must have a genuine and subsisting parental relationship in the UK. It seems likely therefore, that an absent father would not benefit from a child he had no contact with, falling under these rules.
It must also be proved that it would not be reasonable to expect the child to leave the UK. It seems that this test is drafted to be relatively easy to meet, especially given the fact that the child is likely to be in full time schooling at the time of the application.
How Westkin can assist your 7 year child case
1. Clients should first email or call our offices. We then assess the matter, this is to check whether on a preliminary basis, it seems that the case might have merit.
2. If the case, seems like it has merit, you will then be invited to a consultation with an experienced lawyer who can spend an hour going through the evidence and case with you. The cost of this consultation is 125 plus VAT (150 in total).
3. If you wish for us to take your case and make the application for you, we can do so.
4. Before you make any payment to us, we will send you a client care letter which sets out what your chances of success are and how our service works. You can read this at your leisure, and only once you are happy, you can make payment to us.
5. Payments can be made in two installments if you wish. The first is to start the case. The second is before the application is sent out. Please note, that delay in making the second payment, can delay the sending out of the application.
6. Decisions from the Home Office are taking around 3-9 months. It may be shorter or it may be longer. We chase the application without additional charge at reasonable intervals, as defined by us and keep you informed of any developments without any additional charge.
Call, email us on firstname.lastname@example.org or use the enquiry box a the top right of the page. We look forward to hearing from you.
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