Calculation of 7 years continuous residence by a child

[vsoma]

Hi
I'm new to this forum and not sure if I'm posting this question in the correct area.

Mine is regarding an FLR (FP) application which was made almost 9 months ago with no decision made yet. Below is a summary.

6/Sep/2016 - Posted FLR(FP) application to home office
23/Sep/2016 - Received acknowledgement from home office saying it'll take more than their usual timescales as the application 'raised issues relating to the European Convention on Human Rights which are complex in nature'.
15/Dec/2016 - Biometrics done

April/ 2017 - Requested local MP to check on the matter and he has received a similar response that Home office cannot give a timescale and that they'll let me know as soon as a decision is made.

It's been almost 9 months since the application now.

I just want to know if anyone has had similar experiences with extreme delays and if anyone has any idea how much long they'll keep me waiting.

Thanks

[CR001]

Yes many people wait a long time.

What is your full immigration history?

On what basis did you apply for FLR(FP)??

[vsoma]

Yes many people wait a long time.

What is your full immigration history?

On what basis did you apply for FLR(FP)??

Immigration history

Sep 2008 - first came as undergraduate student with husband and 2 year old child as dependants

Sep 2011 - Granted post study work visa for 2 years after completing degree

July 2013 - Granted Tier 2 general visa for 3 years

Jan 2014 - 2nd child born in England

July 2016 - Employer's sponsor licence revoked and my leave curtailed to 60 days

6 Sep 2016 - Applied for FLR under 10 year route based on child who was 10 at the time and had spent over 8 years in the UK

23 Sep 2016 - received acknowledgement but stating it's going to take more than the usual time

[Register again]

I have got the exact dates as you.


Been waiting 9 months+ too and it's for an FLR (O) extension.

Perhaps we might start getting a response back once the elections are over. If it helps at all be rest assured you are not alone

All the best .

[Smally1]

Am new to this forum and am also in the same situation
Applied for leave to remain extension in October 2016
Have done everything including biometric stuff so been
Waiting for decision,till today have had nothing.my Mp
Contacted the home office and they told her due to brexit they having backlogs and can even take a over year. Currently l can not even work my employer stopped me from working in April coz they want to see my visa.jst hope this situation will one day end.

[vsoma]

Yes, I cannot work either as my previous visa was Tier 2 and now the sponsor has no license.

Just want to know the below if someone can help

1. Is there anyway to get a work permit from home office till they make a decision on our applications as it's taking this long

2. What's the longest period anyone waited before getting the visa in this category i.e when the application raises issues concerning the European Human Rights Laws

Thanks

[vsoma]

Hi it's 1 year since I applied. No news from home office yet.

Any idea why it's taking this long??

[Idriss1984]

All still waiting bro been sick 3 weeks due to decision delays(depressed)
Application received by HO 1/3/17
complained to home office
Wrote to my MP same answer waiting on the queue as not covered by any time frame
But when they took the money ,application fees was immediatly after a day.
Holdind our lives .
Working like donkeys all the year couldnt travel for holidays like human.
They know all history since we came to uk we have kids in here just taking the piss if they are not considering us as human thats another thing.

[vsoma]

Is there anyway the Citizens advise Bureau could help with delayed applications?

[vsoma]

Hi

We are non-EU parents of a child who has been living in the UK from 01/10/2008. He had just turned 2 when he entered the UK.

Due to unavoidable circumstances we had to apply for FLR (FP) based on our child on 2/9/2016. He was 9 days short for his 10th birthday at the time of application.

After more than a year of waiting, we received the decision today stating that our applications have been refused.

One of the reasons stated is that our son had not lived in the UK continuously for 7 years. I'm really confused as he had lived for 7 years and 11 months at the time of our application. Does it mean that it should be 7 years without any short holidays abroad?

My son has had 4 short holidays in 4 separate years each one about 2-3 weeks. Altogether he's been away for 66 days. Have these short holidays broken his continuity?

Any insight into this would be appreciated.

[vsoma]

Hi

We are non-EU parents of a child who has been living in the UK from 01/10/2008. He had just turned 2 when he entered the UK.

Due to unavoidable circumstances we had to apply for FLR (FP) based on our child on 2/9/2016. He was 9 days short for his 10th birthday at the time of application.

After more than a year of waiting, we received the decision today stating that our applications have been refused.

One of the reasons stated is that our son had not lived in the UK continuously for 7 years. I'm really confused as he had lived for 7 years and 11 months at the time of our application. Does it mean that it should be 7 years without any short holidays abroad?

My son has had 4 short holidays in 4 separate years each one about 2-3 weeks. Altogether he's been away for 66 days. Have these short holidays broken his continuity?

Any insight into this would be appreciated.

Anyone who can shed some light on the above?

[secret.simon]

Has the child either been outside the UK
(a) for more than 6 months at a stretch OR
(b) for a total of 18 months in the 7 years?

See Immigration Rule 276(A).

The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:
(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or

Why is it unreasonable for your child to leave the UK?

[problem1]

sorry to hear about the refusal do you have the appeal rights find a good barrister and appeal.

[Casa]

Has the child either been outside the UK
(a) for more than 6 months at a stretch OR
(b) for a total of 18 months in the 7 years?

See Immigration Rule 276(A).

The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:
(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or

Why is it unreasonable for your child to leave the UK?

[vsoma]

Has the child either been outside the UK
(a) for more than 6 months at a stretch OR
(b) for a total of 18 months in the 7 years?

See Immigration Rule 276(A).

The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:
(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or

Why is it unreasonable for your child to leave the UK?

No! He has not been out of the UK for more than 6 months at a stretch and had been out of the UK for a total of 66 days in 7 years and 11 months which was when we made the application.

Why is it unreasonable:
- He came to England when he was just 2
- He is in his final year of Primary School now and has never attended school or nursery in any other country other than England
- He does not speak/ read or write any of the local languages in his country of birth
- his only living grand parents are in England living in the same house as him who are also British citizens
- at the time of refusal he has spent 9 years in england

[vsoma]

sorry to hear about the refusal do you have the appeal rights find a good barrister and appeal.

Yes have appeal rights. Need to file it by Thursday:(

[secret.simon]

Why is it unreasonable:
- He came to England when he was just 2
- He is in his final year of Primary School now and has never attended school or nursery in any other country other than England
- He does not speak/ read or write any of the local languages in his country of birth
- his only living grand parents are in England living in the same house as him who are also British citizens
- at the time of refusal he has spent 9 years in england

The Home Office and the judge may take the line that children are inherently adaptable. So points 1-3 & 5 may not be considered unreasonable enough to have the child stay in the UK.

As for point 4, the children of most migrants live in a country different from their grandparents anyway. That does not stop migration.

[vsoma]

Why is it unreasonable:
- He came to England when he was just 2
- He is in his final year of Primary School now and has never attended school or nursery in any other country other than England
- He does not speak/ read or write any of the local languages in his country of birth
- his only living grand parents are in England living in the same house as him who are also British citizens
- at the time of refusal he has spent 9 years in england

The Home Office and the judge may take the line that children are inherently adaptable. So points 1-3 & 5 may not be considered unreasonable enough to have the child stay in the UK.

As for point 4, the children of most migrants live in a country different from their grandparents anyway. That does not stop migration.

Thanks for your comments. I really don't know what will work in our favour and am a bit fed up now anyway. Will give a last shot with the appeal. In one years' time we would have lived here for 10 years but if the hearing is well before that period and is not in our favour we would just need to go.

It wasn't our intention to apply on this 7 year rule at all as I was A tier 2 migrant and had to resort to this Flr fp application only because my employer lost their sponsor licence and I couldn't find another sponsor soon enough. We had also bought a house when I was on the tier 2 visa as we thought we will be settling after 5 years. Hence why it's really hard to digest such a hard decison by Home office.

[problem1]

This is the situation with most of the people after 8 or 9 yrs we are relay lost. What are the other reason they mentioned in the refusal?. better to consult a good barrister as direct access and get his opinion before you apply, one of my friend did and she manage to win the case. All the best with your appeal.

[vsoma]

This is the situation with most of the people after 8 or 9 yrs we are relay lost. What are the other reason they mentioned in the refusal?. better to consult a good barrister as direct access and get his opinion before you apply, one of my friend did and she manage to win the case. All the best with your appeal.

Our biggest negative was that we were applying as a family unit whereas the 7 year rule is intended for single parents with sole custody of the child. So even if the application was going to be approved by the Home office it would have been on an exceptional basis.
They mentioned that he hadn't lived here continuously for 7 years. Which I still can't understand as he has only had 4 short holidays which lasted 1-2 weeks each.
They also said that it was ok for my son to move back to his country of birth and that he will not find it difficult to integrate into the education system. Even though he can't speak , read or write the local language they suggested we give language tution!

How long ago was your friend's case?

[doubledee]

This is the situation with most of the people after 8 or 9 yrs we are relay lost. What are the other reason they mentioned in the refusal?. better to consult a good barrister as direct access and get his opinion before you apply, one of my friend did and she manage to win the case. All the best with your appeal.

Our biggest negative was that we were applying as a family unit whereas the 7 year rule is intended for single parents with sole custody of the child. So even if the application was going to be approved by the Home office it would have been on an exceptional basis.
They mentioned that he hadn't lived here continuously for 7 years. Which I still can't understand as he has only had 4 short holidays which lasted 1-2 weeks each.
They also said that it was ok for my son to move back to his country of birth and that he will not find it difficult to integrate into the education system. Even though he can't speak , read or write the local language they suggested we give language tution!

How long ago was your friend's case?

to be honest, most of the flrfp refusals are copy and paste, same thing they write for everyone. I believe the short holidays don't count, that must have been an error by HO which you should raise in your appeal. I have recently gone through flr(fp) appeal 7 year route which was successful by God's grace. My child had previously been out of the country too a few times for short holidays which didn't count against him. We also own our home and the judge mentioned this in our favour in the determination, you have a strong case which you will most likely win in appeal. My case is very much similar to yours, except for the fact my child was born in the UK and our barrister mentioned at the hearing that he would be able to register as a british citizen next year as an entitlement as he will turn 10 next year.

[vsoma]

to be honest, most of the flrfp refusals are copy and paste, same thing they write for everyone. I believe the short holidays don't count, that must have been an error by HO which you should raise in your appeal. I have recently gone through flr(fp) appeal 7 year route which was successful by God's grace. My child had previously been out of the country too a few times for short holidays which didn't count against him. We also own our home and the judge mentioned this in our favour in the determination, you have a strong case which you will most likely win in appeal. My case is very much similar to yours, except for the fact my child was born in the UK and our barrister mentioned at the hearing that he would be able to register as a british citizen next year as an entitlement as he will turn 10 next year.

Thanks doubledee for the positive comments! I too am hoping the judge will show some compassion towards us at the hearing.
How long did you wait for a hearing date? My solicitor is filing the appeal papers this week. Just wondering how long I'll need to wait before a date!

[CR001]

to be honest, most of the flrfp refusals are copy and paste, same thing they write for everyone. I believe the short holidays don't count, that must have been an error by HO which you should raise in your appeal. I have recently gone through flr(fp) appeal 7 year route which was successful by God's grace. My child had previously been out of the country too a few times for short holidays which didn't count against him. We also own our home and the judge mentioned this in our favour in the determination, you have a strong case which you will most likely win in appeal. My case is very much similar to yours, except for the fact my child was born in the UK and our barrister mentioned at the hearing that he would be able to register as a british citizen next year as an entitlement as he will turn 10 next year.

Thanks doubledee for the positive comments! I too am hoping the judge will show some compassion towards us at the hearing.
How long did you wait for a hearing date? My solicitor is filing the appeal papers this week. Just wondering how long I'll need to wait before a date!

Appeals/dates are currently taking many months, sometimes up to a year.

[doubledee]

to be honest, most of the flrfp refusals are copy and paste, same thing they write for everyone. I believe the short holidays don't count, that must have been an error by HO which you should raise in your appeal. I have recently gone through flr(fp) appeal 7 year route which was successful by God's grace. My child had previously been out of the country too a few times for short holidays which didn't count against him. We also own our home and the judge mentioned this in our favour in the determination, you have a strong case which you will most likely win in appeal. My case is very much similar to yours, except for the fact my child was born in the UK and our barrister mentioned at the hearing that he would be able to register as a british citizen next year as an entitlement as he will turn 10 next year.

Thanks doubledee for the positive comments! I too am hoping the judge will show some compassion towards us at the hearing.
How long did you wait for a hearing date? My solicitor is filing the appeal papers this week. Just wondering how long I'll need to wait before a date!

The appeal date came exactly 1 year after and the appeal date was then 4 months after that. To be honest your case is better than mine on 2 fronts, one being I applied slightly before my son turned 7, so we were outside the rules, you are within the rules, also your child is now older as the first 7 years don't count as much as older 7 years (e.g. age 4 - 11 is stronger than 0-7). So don't stress too much, most of those things you listed are exactly what we listed as insurmountable and it was accepted perfectly, the language one was a main one, that he did not understand and couldn't speak the local language and we stated how that would affect his education back home as he won't be able to go grassroot ^normal^ schools as local language is needed, we stated that the alternative was to go to top private schools which were expensive and couldnt afford. We presented a few emails from those schools to show the high amount of school fees , to be honest the judge made no mention of those at all at both hearing and determination. He even mentioned that taking away my child from his friends at his age he had already formed friendships would be an obstacle. Most people think its difficult to prove insurmountable, not really. 7 year child cases have a very high success rate at appeal from what i gather. You are quite lucky you got an appeal, not every one does, it's just the waiting time is quite unbearable. Our length of stay was also mentioned in the determination and the fact that we entered legally, all those would go in your favour as well. Get a good solicitor/barrister and put your faith in God.

[vsoma]

The appeal date came exactly 1 year after and the appeal date was then 4 months after that. To be honest your case is better than mine on 2 fronts, one being I applied slightly before my son turned 7, so we were outside the rules, you are within the rules, also your child is now older as the first 7 years don't count as much as older 7 years (e.g. age 4 - 11 is stronger than 0-7). So don't stress too much, most of those things you listed are exactly what we listed as insurmountable and it was accepted perfectly, the language one was a main one, that he did not understand and couldn't speak the local language and we stated how that would affect his education back home as he won't be able to go grassroot ^normal^ schools as local language is needed, we stated that the alternative was to go to top private schools which were expensive and couldnt afford. We presented a few emails from those schools to show the high amount of school fees , to be honest the judge made no mention of those at all at both hearing and determination. He even mentioned that taking away my child from his friends at his age he had already formed friendships would be an obstacle. Most people think its difficult to prove insurmountable, not really. 7 year child cases have a very high success rate at appeal from what i gather. You are quite lucky you got an appeal, not every one does, it's just the waiting time is quite unbearable. Our length of stay was also mentioned in the determination and the fact that we entered legally, all those would go in your favour as well. Get a good solicitor/barrister and put your faith in God.

Thank you very much doubledee! You have given me a lot of confidence and courage to go through with this case. I am hoping for the best!
My best wishes to you and your family.