I have been in the UK illegally with my two children for 8 years now. I know the 7- year concession was abolished last year, is there anything I can do to try to get legal status? The withdrawal of the 7-year concession will affect many families with children that have been born in the UK who have lived in this country all their lives as they may face removal to their parents’ country of origin where they have no ties and often do not know the language or culture.
However, removal can still be challenged on the basis of Article 8 of the Human Rights Act and the amended policy on Article 8, which takes into consideration the decisions in the cases of Beoku-Betts (FC) (Appellant) v Secretary of State for the Home Department. Strong child-centred evidence will need to be submitted to the Home Office or the Asylum and Immigration Tribunal.
The removal of the 7-year concession may not itself be a negative development as this may give more scope for argument in relation to children who have lived in the UK for 5 years or 6 years.
Removals will still be able to be challenged under Article 8 of the Human Rights Act.You should look into submitting an application under Human Rights law as soon as possible to show that you have made efforts to regularise your stay and to help prevent removal.
The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. For legal advice regarding your case, please contact Greenfields Solicitors on 020 8884 1166 for a Consultation with a Solicitor.