seven years chhild concession

[lancoalase]

Can anyone tell me how long it takes for HO to decide on application for ILR based on seven years child concession. I applied since may 2005 and got acknowledgement letter confirming my application. Since then nothing. Each time I rang them, I was told it is awaiting decision. I have 3children in UK and my parner (we are not married) has got ILR since years ago. Two of my children are born here. But not for my partner. One is 8yrs now. I applied on the bases that anyone with a child over seven years and who has been living here since the child's birth can be consider for ILR based on the child's future here. But it seems it is taken ages since my application. Anyone in this situation before? And what do you suggest I can do/ MANY THANKS

[tasha75]

Can anyone tell me how long it takes for HO to decide on application for ILR based on seven years child concession.

Sorry, i cannot help you on this, I am about to apply on the same basis myself and would like to know the answer.
Did you apply yourself or through a lawyer?

[lancoalase]

At initial stage, I went through a solicitor, but later withdrew his service and have been communicating with them directly. you can use a solicitor or file by yourself

[Legal Centre]

May take ages. The HO says they require extra time to consider suck requests.

[lancoalase]

Many thanks Legal centre for your point. one more thing, why is HO taken ages to consider such application, when, all the facts needed for them to decide on the case is based on the child been solely born and raised here without going out of UK and continues to reside here on permanent term? Meaning his/her future lies here. Strange?

[Kayalami]

Cases that are not straightforward fall outside the published Home Office processing timescales. My experience is that they take as a minimum 12 months to be decided so there is nothing unusual about your wait. You may wish to contact your MP for assistance on the matter. Note that his/ her involvement is purely on the lines of 'my constituent enquires as to progress' rather than 'get this sorted now'.

[Jeff Albright]

My experience is that they take as a minimum 12 months to be decided so there is nothing unusual about your wait.

... unless you find it unacceptable and complain...

You may wish to contact your MP for assistance on the matter. Note that his/ her involvement is purely on the lines of 'my constituent enquires as to progress' rather than 'get this sorted now'.

That's why MPs are pretty useless in these issues. The best approach is get the things moving yourself by making a complaint (of course if you have reasons. If they initially quoted you 12 months wait then you cannot really complain until you are well beyond that period...) to the IND Customer Focus Team (formerly INDCU). I think it is the only department that works with the reasonable efficiency within the IND and has the customer-focused attitude. You should get a response within 4 weeks, usually it takes a couple of weeks. If you are persistent enough you should be able to get in touch directly with your caseworker although they will be trying their best not to disclose any contact information, in particular, the direct telephone numbers but it is possible to get their e-mail address but it is still going to be difficult to get them to reply to you!!
Good luck!

[lancoalase]

Many thanks for your advise and precise points. I will try and initiate a complaint via IND Customer Focus Team and see what response I will get. On the acknowledgement letter sent when the appliction was made, it say within 3months at most for non-complex cases. But, I think a case cannot be so complex to take now almost a year and half without any progress update. Finger cross. I will keep you updated about my progress.
many thanks

[Thandia]

Hmmm, learn something new everyday. Can someone tell me, does the 7 year concession apply only to children born here or does it apply to all minors who have lived here for a minimum of 7 years?

[lancoalase]

I think, it applies to all minors but with more weight, if born in uk...as you should expect.

[tasha75]

lancoalase, have you contacted the IND Customer Focus Team and have you had any response from them?

[lancoalase]

hi yes i have but no reply yet. but i contacted my mp who on my behalf wrote to home office and got a reply back through the mp that the case i has no decision yet and i need to wait

[Jeff Albright]

The cases that go through Enforcement & Removals Directorate lie there for years. This is the worst department to deal with, totally disorganised and understaffed.
Any case that is not a straightforward one and where illegal residence is involved is forwarded directly there.

I suggest the following action plan:

1) MP is not sufficient in this case.
2) Ask for a copy of your file from Subject Acccess Bureau (note there is currently a huge backlog of requests, you may have to wait for 2-3 months before you get your file) Refer to the IND's instructions how to do that.
3) Identify the department that holds on to your file at the moment
4) Make a formal complaint to INDCU in reference to that department. you should get a response within 4 weeks.
5) Once you know the Department that holds your file, send me a private message and I will try to obtain their contact details for you in order to contact them directly. I suspect your file is in the Enforcement & Removals Directorate Headquarters in Manchester Airport. If it is the case, I will give you their Complaints department address, fax and telephone number. You will then approach them on this matter and request the priority consideration.

Another avenue is to call the INEB and ask them for the name of the department that holds your file. They have access to CID (Case Information Database - the main Home Office computer database). By inputting your HO reference number, date of birth and Nationality they will immediately tell you the whereabouts of your file.

Keep us informed and good luck!

Cheers

jeff

[Rohan]

Jeff,

My friend been here with his family for over seven years since Dec 99, initially on student visa till 2002 and changed to WP in Dec 2002. He has two children under 18 and yougest will be 14 nest year. Do you think it is possible for him to apply for ILR under child concession rule as children been schooling here over seven years. ? Any advice?

Thanks
RSN

[antontony]

The concession applies to children either born in the UK or born outside of the UK. In the latter case the children must not be older 16 y.o. at te time of application

[Twin]

Jeff, your post is such an insightful one. I happen to fall into similar category. Well...I came into the country at the age of 17, have a 6 year old daughter and in a native law and custom marriage with my partner who is a British citizen.

My application was made in June 2004 and till date, i'm still awaiting a response. This is getting close to 3yrs wait now. I have been advised to get my solicitor to contact my MP but i'm still very unsure as I don't want my whole wait to go down the drain. I have been advised by my solicitor that my case is at Sheffield (whatever that means).

Now, my question is: As my child will be 7 next year, should I wait till then to ask for an update or should I contact my MP now? Or betterstill, as you have suggested above; make a complaint?

Oh! By the way, my child is already a British citizen and my partner and I have been together for over 8 years now.

[Jeff Albright]

Well...I came into the country at the age of 17,

On what basis?

have a 6 year old daughter and in a native law and custom marriage with my partner who is a British citizen.

Sorry, these terms are unfamiliar to me. Are you legally married according to the UK Marriage law?

My application was made in June 2004 and till date, i'm still awaiting a response.

On what basis?

This is getting close to 3yrs wait now. I have been advised to get my solicitor to contact my MP but i'm still very unsure as I don't want my whole wait to go down the drain.

Well, you need to give more details on that. What was the basis of your application? What was your status at the time? Are you legally married? How long have you been married?

I have been advised by my solicitor that my case is at Sheffield (whatever that means).

How do they know that? Did they have any Home Office correspondence indicating this? Have you been given copies? What is in them?

Now, my question is: As my child will be 7 next year, should I wait till then to ask for an update or should I contact my MP now?

I suggest you take one step at a time. Give more details to us. We will try to suggest what you should do next. Don't just rush and send numerous applications - this will confuse poor Home Office and you will face even longer delays.

Or betterstill, as you have suggested above; make a complaint?

Depends. You need to give more info on your previous immigration history. At the end of the day, remember, you are asking this country to grant you residence and it is their decision at the end of the day. If they do not have resources dealing with your case, you have to wait for them to become available. You can ask them nicely to give your case priority - they will do it for you but you have to find the right approach. Fill us in on more details and we will try to advise you accordingly.
You always have an option of leaving the UK and apply for entry clearance as a spouse/unmarried partner to come back and you have every chance of being successful in that. This will resolve all your problems within a month, will end up your anxiety of waiting and also take off load from the overstretched Home Office. If you want to stay here and wait - it is your choice.

Oh! By the way, my child is already a British citizen and my partner and I have been together for over 8 years now.

Depending on your situation, you might come under concessions outside the Rules.

Best,

Jeff

[JamesC]

I think it would irresponsible of the moderators of this board to try and get the contact details of a case-worker to contact.

I also doubt it will have any effect on the time it will take to resolve the application.

They have not adhered to the Immigration Rules and are considered a low priority, expecially in fairness to those who have obeyed the rules. Unless there are significant compelling or compassionate reasons then I would not waste your time.

Also, if there have been any spurious attempts to fit within the 7 year concession they will be taken into account when making a decision.

J

[John]

I think it would irresponsible of the moderators of this board to try and get the contact details of a case-worker to contact.

Can you show any evidence that Moderators of this Board contemplate doing that?

[Twin]

I think it would irresponsible of the moderators of this board to try and get the contact details of a case-worker to contact.

I also doubt it will have any effect on the time it will take to resolve the application.

They have not adhered to the Immigration Rules and are considered a low priority, expecially in fairness to those who have obeyed the rules. Unless there are significant compelling or compassionate reasons then I would not waste your time.

Also, if there have been any spurious attempts to fit within the 7 year concession they will be taken into account when making a decision.

J

You come accross as a rather sceptical individual. Tell me why anyone would want to have a child and stay in the country for over 7 years all in the name of staying? Common cut some slack will ya!

[Twin]

Well...I came into the country at the age of 17,

On what basis?

have a 6 year old daughter and in a native law and custom marriage with my partner who is a British citizen.

Sorry, these terms are unfamiliar to me. Are you legally married according to the UK Marriage law?

My application was made in June 2004 and till date, i'm still awaiting a response.

On what basis?

This is getting close to 3yrs wait now. I have been advised to get my solicitor to contact my MP but i'm still very unsure as I don't want my whole wait to go down the drain.

Well, you need to give more details on that. What was the basis of your application? What was your status at the time? Are you legally married? How long have you been married?

I have been advised by my solicitor that my case is at Sheffield (whatever that means).

How do they know that? Did they have any Home Office correspondence indicating this? Have you been given copies? What is in them?

Now, my question is: As my child will be 7 next year, should I wait till then to ask for an update or should I contact my MP now?

I suggest you take one step at a time. Give more details to us. We will try to suggest what you should do next. Don't just rush and send numerous applications - this will confuse poor Home Office and you will face even longer delays.

Or betterstill, as you have suggested above; make a complaint?

Depends. You need to give more info on your previous immigration history. At the end of the day, remember, you are asking this country to grant you residence and it is their decision at the end of the day. If they do not have resources dealing with your case, you have to wait for them to become available. You can ask them nicely to give your case priority - they will do it for you but you have to find the right approach. Fill us in on more details and we will try to advise you accordingly.
You always have an option of leaving the UK and apply for entry clearance as a spouse/unmarried partner to come back and you have every chance of being successful in that. This will resolve all your problems within a month, will end up your anxiety of waiting and also take off load from the overstretched Home Office. If you want to stay here and wait - it is your choice.

Oh! By the way, my child is already a British citizen and my partner and I have been together for over 8 years now.

Depending on your situation, you might come under concessions outside the Rules.

Best,

Jeff

Wow! Having read your dissection of my post, it is rather daunting now to respond to each and every one but I guess as i've waited close to 3 years now for an answer, it would be unwise to throw in the towel now and return to my country of origin which I have no close relatives in to re-apply. I guess i'll see this through and take whatever hand i'm dealt.

Thanks for your response though. Much appreciated.