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Seven year concession- Human rights claim.

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Pereira
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Posts: 2
Joined: Sun Aug 19, 2007 10:58 pm

Seven year concession- Human rights claim.

Post by Pereira » Sun Aug 19, 2007 11:09 pm

Seven Year concession.Human rights claims DP 5/96.We have 2 children we arrive in UK in 01/09/1999 with no visa ...back to hometown for near 3 months back in 12/02/2002 student visa from there until last october 2006.Do you need to apply for Human rigths or we need a immigration lawer...also how to apply? we need to pay for this kind of application?it's possible to get ILR?[

Pereira
Newly Registered
Posts: 2
Joined: Sun Aug 19, 2007 10:58 pm

Re: Seven year concession- Human rights claim.

Post by Pereira » Sun Aug 19, 2007 11:11 pm

Pereira wrote:Seven Year concession.Human rights claims DP 5/96.We have 2 children we arrive in UK in 01/09/1999 with no visa ...back to hometown for near 3 months. back in 12/02/2002 student visa from there until last october 2006.Children as dependents.Do you need to applyor we need a immigration lawer...also how to apply? we need to pay for this kind of application?it's possible to get ILR?[

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Re: Seven year concession- Human rights claim.

Post by sakura » Sun Aug 19, 2007 11:16 pm

Pereira wrote:Seven Year concession.Human rights claims DP 5/96.We have 2 children we arrive in UK in 01/09/1999 with no visa ...back to hometown for near 3 months back in 12/02/2002 student visa from there until last october 2006.Do you need to apply for Human rigths or we need a immigration lawer...also how to apply? we need to pay for this kind of application?it's possible to get ILR?[
What do you mean 'back to hometown'? Who qualifies for the concession? We totally need more details.
1. immigration history - date of entry, leave, type of visa
2. who qualifies for the concession? Age, date of entry, if they left the UK, how long they've been living in the UK
3.What you've been up to. What do you mean by 'back to hometown' - did you return home?
4. nationalities of all parties involved.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sun Aug 19, 2007 11:18 pm

What is ur home country?
An chéad stad eile Stáisiún Uí Chonghaile....

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Re: Seven year concession- Human rights claim.

Post by sakura » Sun Aug 19, 2007 11:53 pm

Pereira wrote:Seven Year concession.Human rights claims DP 5/96.We have 2 children we arrive in UK in 01/09/1999 with no visa ...back to hometown for near 3 months back in 12/02/2002 student visa from there until last october 2006.Do you need to apply for Human rigths or we need a immigration lawer...also how to apply? we need to pay for this kind of application?it's possible to get ILR?[
If my understanding is correct - you left the UK for three months and then returned in Feb 2002? You were then a student for 4 years, but didn't return after it expired. So you're now an overstayer?

If that is the case - you don't seem to qualify for the concession. You have a three-month break during the 7 years - you overstayed then left the country. So, IMO, you don't qualify until 2009. Your new stay in the UK started on 12/02/2002, NOT 1999. The concession states that you must have seven years of 'continuous' residency - meaning, in my understanding, that you must not have left the UK, especially since you left as an overstayer and then returned (3 months later) with a new leave. (Would anyone agree with my reading of the situation?)

However - please do answer my previous questions; we still need more information from you. For example, how old are the kids now?

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