Have been seperated from my daughter for about 3 years!!!!

[shiraze]

Hi everyone,
I am Jo, a mother of a 14 year-old girl who is in Birmingham while I remain in China.
It has been about 3 years since I saw my daughter last time, when I was taking her to her school, waving to her good-bye and thinking I would go to pick her up from school upon my return in 2 weeks’ time. Only it didn’t happen as planned, which is why I am staying in China enduring the devastating pain of missing and worrying about my 14-year daughter who is thousands of miles away, dealing with almost everything on her own most of the time while I, her mum, can’t do anything but crying for her in the darkness.

This is my story:
In April, 2000, my husband arrived in the UK on a student visa.
In June, 2000, I joined him on a dependant visa.
In May,2002, my daughter joined us on a dependant visa.
In Dec,2005, our visa expired, but before that we submitted another visa extension application, got rejected and went on appeal.
In July, 2006, I came back to China to apply for a student visa, hoping I could go back and join my family back in the UK but failed.
Currently, my daughter and my husband are still in England and don’t intend to come back.
There are 2 points I need to clarify: 1.Until the day I left England, the final outcome of our visa extension appeal hadn’t come through. 2. My husband was still in the process of appealing against the decision on his Ph.D dissertation the day I left.

Could you please please please help me with the following 2 questions:
1.Is there any ground I could possibly use for me to apply for a visa to visit my daughter?
2.Is there any chance for my husband or daughter to apply for a 7-year visa in May this year as my daughter will have stayed in the UK for 7 years by then.

Here is something I found on some UK solicitor’s websites:

(The 7-year visa concession
Maybe considered if a person has remained in the UK for over 7 years where that persons facing removal from the UK and has young children with him/her in the UK who have also resided here for 7 years.)

Sorry for such a long message
Thanks for reading

Jo

[Mr Rusty]

It's not quite clear from the information you have given, but it looks as if your husband's appeal was dismissed so he and your daughter have remained in the UK illegally. Has he been served with any form of notice as an overstayer?

If they now have no legal status in the UK, there is really very little chance that you would be issued with any sort of visa.
The "7-year concession" for children was withdrawn in December last year, so no new application on these grounds would succeed. Your daughter is in the company of her father, and previously spent half her life in the country of her birth, where you are now, so I doubt whether she can make any special case in her own right.

Your separation from your family is the choice of your husband, and if you want to be reunited there is nothing to stop them going back to China - I guess that's what UKBA will say.

[shiraze]

Thanks for your reply.
They have never been served any notice of overstaying.
Looks like there is nothing I can do. But thanks anyway.