AIT BOC & 7 years children concession

[belacanlad]

Hi all
My case with AIT under BOC case. It's been a while and waiting for an answer from the tribunal or HO.
Did apply for ILR under BOC and after 40 months of hoping , praying and drooling over the outcome, HO decides to reject us last october and no appeal, and solicitor advise to join the AIT appeal cases.
My question will be, can i apply the 7 years children concession when i am still waiting for the outcome from the tribunal ?

Thanks

[Wanderer]

Hasn't that concession been withdrawn?

[JAJ]

Have you got any other nationality?

And was the child born in the U.K.? What is the nationality of your spouse/partner?

[Frontier Mole]

7 year child concession still Ok and in regular use. Carry on down that route if you can.

[jei2]

Good to know! But I wish I had a penny - no pound - credit crunch - for all who are convinced its gone.

[Frontier Mole]

Prefer a EURO to a penny though - give it a couple of months it will be worth a pound!

The 7 year concession is in effect hidden, the original policy 5/96 still states 10 years. The secondary policy Home Office policy 6.1 is hard to find on the UKBA site as it was more of an internal memo reflecting the ministerial undertaking given in parliment to move it down to 7 years.

[belacanlad]

Thank you guys fir or the replies.
Ok then, i will go down to this route then if there is no conflict with the tribunal and HO.
Frontier Mole,
do you know which forms should i use and do i need to engage a solicitor on my behalf? try to search about it but no further information that i can gather.
thank you again.

[Frontier Mole]

To be honest I do not think there is a form for this concession, I am not sure what format you would submit it under either. Will look it up and get back to you.
You will not need a lawyer, form or not, it is a simple matter of outlining the facts. When you arrived, age of child at arrival, date of birth if born in the UK. The calendar speaks for itself. I would suggest documents that relate to the child are also submitted, doctors registration, jabs and weight monitoring book, birth certificate etc. Then from school years everything from end of year reports to class picture. Swimming or any sport in fact , music, ballet and anything else type of certificates, anything that shows continued residence. Bundle the whole lot – after taking copies of course, and whizz it off to UKBA with a covering letter.

As I said will get back to you if there is a form to complete.

[ben_scaro]

Hi all
My case with AIT under BOC case. It's been a while and waiting for an answer from the tribunal or HO.
Did apply for ILR under BOC and after 40 months of hoping , praying and drooling over the outcome, HO decides to reject us last october and no appeal, and solicitor advise to join the AIT appeal cases.
My question will be, can i apply the 7 years children concession when i am still waiting for the outcome from the tribunal ?

Thanks

If there's no appeal, how come you joined the AIT appeal cases?

(Especially given the actual appeal is an appeal by the HO ?)

My advice has been that there is nothing stopping you putting in a variation adding a ground to your claim while waiting for an outcome from the Tribunal. It won't harm the Tribunal case.

In fact it may even be a good idea, as it gives the HO a convenient way to grant ILR on another ground if they want it , without having to make a 'damned if we do, damned if we don't' decision on their self-created BOC mess.

Most of the limbo BOCs would have another ground for ILR by now, due to having lived in the UK for so long- 10 yr, marriage, civil partnership, etc

Ben

[belacanlad]

Hi all
Ben_scaro - Thanks, for highlighted it. & yes, you are right, my case are rejected by HO and i cant appeal. According to my solicitor , 'thats a standard letter from HO'. AIT are base on appeal cases, so, am I in the appeal list? yes, according to them, there are 4 lead cases with AIT reference no. and mine are with that group. Do they know WHAT are they doing? I will ask them to clarify.
thanks again

[ben_scaro]

Hi all
Do they know WHAT are they doing? I will ask them to clarify.
thanks again

I'm not at all sure that anyone here knows exactly what they are doing. It's a real mess, but it will have to be sorted out sometime.

I will respond with more detail privately.

Cheers, Ben