7 year concession policy

[tracey]

Please can somone shed some light on the following.

I know a couple who came to UK in 2003 (from Non-EEA country) and overstayed. They are still in the UK and have a child (5yrs old) born in UK. The problem is that the husband has worked in the UK and his employers are suspicious. They have been told by a number of solicitors that they have a very strong case and that based on human rights and the child knowing not knowing any other life that they can stay in UK.

What are the chances of staying here?
Could they apply for a case based on human rights?
Because he breached the immigration rules by working unlawfully, could this jeopordise their chances of stay?
Will the policy on children who reach the 7 year age apply to them?

Any advice on this matter would be gratefully appreciated?

[Frontier Mole]

The Seven Year Concession

The 'seven year concession' applies to families with a dependant child (under 18) or children living with them who have been living in the UK 'continuously' for 7 or more years. In such cases UKBA accepts that 'enforced deportation or removal will not normally be appropriate' as the ties established by children over this period will 'outweigh other considerations and it is right and fair that the family should be allowed to stay here' There is no requirement that the child should have been born in the UK.

As the concession relates to the length of residence of the child, the immigration status of the parent should not matter even, for example, where removal directions have been set or a deportation order signed.

Exceptions to this concession include where there has been a flagrant abuse of the immigration law or where the parent has been convicted of a serious criminal offence which outweighs the compassionate circumstances of the case, including the length of residence of the child.

[jei2]

Please can somone shed some light on the following.

They have been told by a number of solicitors that they have a very strong case and that based on human rights and the child knowing not knowing any other life that they can stay in UK.

I'd be wary of any adviser who says that they have a very strong case based on a 5 year old child having been born here.

Unless there are some other compassionate grounds, the yardstick for human rights (presumably under the right to family life) is much higher than the case implied here.

With 2 years to go, concessions being removed, new policies being flung around like confetti and the impending overhaul of the rules later this year, anything could happen.

I'd advise them not to part with any money just yet.