7 Years policy is valid or not?

[hamid84]

Hi,

We have been in UK for 7 years and 3 months and ayslum case is still pending.

We were advised to apply for long residence visa policy which applies to families who have been in Uk for atleast 7 years.

We filled SET(O) form and sent to Home Office 3 months ago and since then no news. How long does this process usualy take to finalise?

Can someone clarify that whether this 7 years policy is valid in immigration law?

Only one of my sis is under age (15 ) and rest all over 16.. Would this be considered by home office when making decision?

Is there any law avaiable that would allow me to apply for work permit as i am now 25 and married. I need to support my wife and kid but don't have rights to work.

I think i have asked so many questions but believe me we are all in great stress about the case.

Thanks

[chibage]

My friends has been waiting 2years for this and is still waiting. Good Luck!

[jei2]

Hi Hamid,

It sounds like your representative(?) was advising you to apply under DP/069/99, better known as the Home Office's 7 year policy. The Home Office usually makes an assessment under this policy when considering removal of families with children (those family members under 18).

Not sure what you mean about validity. It's a genuinely existing policy but it carries no guarantee of being granted leave to remain.

The general summation of the 7 year policy that most likely concerns your situation goes as follows:

Whilst it is important that each individual case must be considered on its merits, the following are factors which may be of particular relevance:

a) the length of the parents' residence without leave;

b) whether removal has been delayed thorugh protracted (and often repetitive reprsentations or by the parents going to ground;

c) the age of the children;

d) whether the children were conceived at a time when either of the parents had leave to remain

e) whether return to the parents' country of origin would cause extreme hardship for the chldren or put their health seriously at risk;

f) whether either of the parents has a history of criminal behaviour or deception.

You still have an outstanding asylum application and could end up with a positive outcome on this. Or you could favourably come under the Home Offices Case Resolution exercise which deals with backlog cases.

You make no mention of your parents. Who was in your family unit when you made your application for asylum?

My concern is that you yourself appear to have been over 18 at the time that the clock would have started on the 7 year policy. You're also now married with your own family unit.

Is your wife legally settled here?

If so you might be able to use Article 8 of the Human Rights Act to support an application of your own. But bear in mind that she should be working to support you.

If the 7 years has been accrued as a result of Home Office delay, this would make your case stronger and indeed there's nothing to stop you writing to them and asking for permission to work. Explain the difficulties you are facing as a result of their delay.

Have a look at the 7 year policy criteria above to see how well the family fits under it, and follow up with more information addressing each and every point from a to f.

Good luck and keep us posted !