Article 8 ECHR The right to family life
It looks like this is by far the best kept secret of the current coalition government. With effect from 13 Dec 2012 The Immigration Rules have been amended to introduce the 7 years concession. The concession is about assessing whether to grant leave to a family member on the basis of their family life with a child in the UK. The concession is all about recognizing the importance of stability for a child and the difficulties and implications of breaking off these links.
The guidance now sets out the new guidelines that will need to be considered .The guidance reflect the duty under section 55 of the Borders, Citizenship and immigration Act 2009 to have regard to the welfare of the child who are in the UK. So if the applicant has a genuine and subsisting parental relationship with a child who is under the age of 18, and is in the UK its worth getting professional legal advice, to see if it is worth applying. See requirements listed below:
The applicant has a genuine and subsisting parental relationship with a child who
(aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application ;and
(ii) it would not be reasonable to expect the child to leave the UK; or
(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK.