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Nikki06
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Joined: Sat Jan 20, 2018 2:39 pm
United Kingdom

Flp fp.7 year rule

Post by Nikki06 » Sat Jan 20, 2018 2:57 pm

Hello Everyone need help.l just received refusal for my application had applied flp fp...lam an asylum my son turned 7 last year.my application was more based on him..l have 14 days to appeal.havent got a lawyer yet....can u please help with the advice on how to go about..and any experience you have gone through..
Ther reply was my son is not yet 18 he can stil settle anywhere l go with...l can explain further if u want...

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CR001
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Re: Flp fp.7 year rule

Post by CR001 » Sat Jan 20, 2018 5:17 pm

Was your son born in the UK?

What was the exact reason for refusal?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

bella27
Newly Registered
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Re: Flp fp.7 year rule

Post by bella27 » Sat Jan 20, 2018 5:41 pm

You need lawyer to lodge appeal , if your son was born here the appeal will buy time to reach ten , my partner he was asylum when our daughter turn 7 the judge said she can still go my partner country , and permission to appeal to upper tribunal too was refused, then we did another application base on eea family member was refused with no right appeal at the time we did not have any money for lawyer , we decided to write pre action latter , which trigger removal it was night mare lol it was hard time ever bad experience lol. at the time our daughter was 9 and five mths we fill fp for our daughter we did not have money for all family of five. our daughter was granted then again we apply for me and my partner we still waiting. That my experience.

Nikki06
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Posts: 48
Joined: Sat Jan 20, 2018 2:39 pm
United Kingdom

Re: Flp fp.7 year rule

Post by Nikki06 » Sat Jan 20, 2018 5:55 pm

CR001 wrote:
Sat Jan 20, 2018 5:17 pm
Was your son born in the UK?

What was the exact reason for refusal?
Yes my son was born here they said your application does not fail for refusal on grounds of suitability in section s.ltr of appendix gmail under paragraph 276ADE

You have therefore lived in the UK for 7 years and it is not accepted you have lived continuously in the UK for at least 20years..

Nikki06
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Posts: 48
Joined: Sat Jan 20, 2018 2:39 pm
United Kingdom

Looking for help from those who went to court with FLR FP CHILD 7 YEAR RULE

Post by Nikki06 » Sun Jan 28, 2018 2:49 pm

Hello Everyone has anyone been to court with 7 year child rule..Can u please help me with the list of evidence you got for the case?and wat was the experience like?l just sent my appeal but need to start gathering my evidence..Thank u very much for the help.May God Bless u

Nikki06
Newbie
Posts: 48
Joined: Sat Jan 20, 2018 2:39 pm
United Kingdom

Re: Flp fp.7 year rule

Post by Nikki06 » Sun Jan 28, 2018 8:22 pm

CR001 wrote:
Sun Jan 28, 2018 7:15 pm
.
Hello CR001
I can't see wat you wrote did you write something.

New on forum
Member of Standing
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Joined: Fri Mar 31, 2017 4:13 pm
Pakistan

Re: Flp fp.7 year rule

Post by New on forum » Sun Jan 28, 2018 9:32 pm

Nikki06 wrote:
Sun Jan 28, 2018 8:22 pm
CR001 wrote:
Sun Jan 28, 2018 7:15 pm
.
Hello CR001
I can't see wat you wrote did you write something.
She (croo1) means she is still waiting for you to answer her question she asked above.

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CR001
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Re: Flp fp.7 year rule

Post by CR001 » Sun Jan 28, 2018 10:03 pm

Nikki06 wrote:
Sun Jan 28, 2018 8:22 pm
CR001 wrote:
Sun Jan 28, 2018 7:15 pm
.
Hello CR001
I can't see wat you wrote did you write something.
My post with the dot was merely to bring your topic to the top to merge with your new topic you posted in another non relevant part of the forum.

And of course, I did ask the exact text of the refusal too.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Nikki06
Newbie
Posts: 48
Joined: Sat Jan 20, 2018 2:39 pm
United Kingdom

Re: Flp fp.7 year rule

Post by Nikki06 » Sun Jan 28, 2018 10:58 pm

CR001 wrote:
Sun Jan 28, 2018 10:03 pm
Nikki06 wrote:
Sun Jan 28, 2018 8:22 pm
CR001 wrote:
Sun Jan 28, 2018 7:15 pm
.
Hello CR001
I can't see wat you wrote did you write something.
My post with the dot was merely to bring your topic to the top to merge with your new topic you posted in another non relevant part of the forum.

And of course, I did ask the exact text of the refusal too.
Thank u for very...stil learning from the forum..oh l did reply dear....
This was the reply
Yes my son was born here they said your application does not fail for refusal on grounds of suitability in section s.ltr of appendix gmail under paragraph 276ADE

You have therefore lived in the UK for 7 years and it is not accepted you have lived continuously in the UK for at least 20years..

Nikki06
Newbie
Posts: 48
Joined: Sat Jan 20, 2018 2:39 pm
United Kingdom

Re: Flp fp.7 year rule

Post by Nikki06 » Sun Jan 28, 2018 11:00 pm

New on forum wrote:
Sun Jan 28, 2018 9:32 pm
Nikki06 wrote:
Sun Jan 28, 2018 8:22 pm
CR001 wrote:
Sun Jan 28, 2018 7:15 pm
.
Hello CR001
I can't see wat you wrote did you write something.
She (croo1) means she is still waiting for you to answer her question she asked above.
Thank you
I did replied back l think l must have done it the wrong way

vinny
Moderator
Posts: 32991
Joined: Tue Sep 25, 2007 8:58 pm

Re: Flp fp.7 year rule

Post by vinny » Mon Jan 29, 2018 12:38 am

See also FLR(FP).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

doubledee
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Wales

Re: Flp fp.7 year rule

Post by doubledee » Mon Jan 29, 2018 7:46 pm

Nikki06 wrote:
Sat Jan 20, 2018 2:57 pm
Hello Everyone need help.l just received refusal for my application had applied flp fp...lam an asylum my son turned 7 last year.my application was more based on him..l have 14 days to appeal.havent got a lawyer yet....can u please help with the advice on how to go about..and any experience you have gone through..
Ther reply was my son is not yet 18 he can stil settle anywhere l go with...l can explain further if u want...
check my posts, i had flrfp appeal aug 2017, we received our visas in Nov after we won our appeal and home office did not challenge the decision.

Nikki06
Newbie
Posts: 48
Joined: Sat Jan 20, 2018 2:39 pm
United Kingdom

Re: Flp fp.7 year rule

Post by Nikki06 » Mon Jan 29, 2018 8:41 pm

doubledee wrote:
Mon Jan 29, 2018 7:46 pm
Nikki06 wrote:
Sat Jan 20, 2018 2:57 pm
Hello Everyone need help.l just received refusal for my application had applied flp fp...lam an asylum my son turned 7 last year.my application was more based on him..l have 14 days to appeal.havent got a lawyer yet....can u please help with the advice on how to go about..and any experience you have gone through..
Ther reply was my son is not yet 18 he can stil settle anywhere l go with...l can explain further if u want...
check my posts, i had flrfp appeal aug 2017, we received our visas in Nov after we won our appeal and home office did not challenge the decision.
Thank u very much let me search.how do l find it stil finding my way to forums..

doubledee
Newbie
Posts: 33
Joined: Wed Sep 06, 2017 11:16 am
Wales

Re: Flp fp.7 year rule

Post by doubledee » Fri Feb 02, 2018 6:44 am

Nikki06 wrote:
Mon Jan 29, 2018 8:41 pm
doubledee wrote:
Mon Jan 29, 2018 7:46 pm
Nikki06 wrote:
Sat Jan 20, 2018 2:57 pm
Hello Everyone need help.l just received refusal for my application had applied flp fp...lam an asylum my son turned 7 last year.my application was more based on him..l have 14 days to appeal.havent got a lawyer yet....can u please help with the advice on how to go about..and any experience you have gone through..
Ther reply was my son is not yet 18 he can stil settle anywhere l go with...l can explain further if u want...
check my posts, i had flrfp appeal aug 2017, we received our visas in Nov after we won our appeal and home office did not challenge the decision.
Thank u very much let me search.how do l find it stil finding my way to forums..
if you click on my username, you will see where to view my posts

Kandamaya11
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Posts: 46
Joined: Fri Feb 02, 2018 11:06 am
Ghana

Re: Flp fp.7 year rule

Post by Kandamaya11 » Fri Feb 09, 2018 9:25 am

From my experience, My family made an application when my son was over 6 years. Home office refused our application stating our child was 5 years and we should go back to home country. Whereas, at the time of decision child was over 7 years. We appealed in September 2017. Hearing held January 2018.

Our appeal was based on Article 8 ECHR AND 276 ADE Immigration rule. We didn't make use of any solicitor, so bundle was prepared by self using common case laws related to 7 year rule and Section 117 (6) B [A person who is not liable to deportation....]
---Letters from our child to Judge, and from his friends
---Letter from Child's School
---Evidences relating to our situation....medical report and other reason why we can't go back to home country.

On the day of hearing, Home office Presenting Officer, admitted there was a mistake with child's age, accepted our reference to MA Pakistan case law as stated in our bundle, but every other reasons given for reasonableness was not accepted by HOPO.

Judge couldn't see any reason that would tip the balance against allowing our appeal and based on Section 117 (6) B and having no criminal record. He allowed our appeal. Surprisingly, He went on to say how professionally our bundle was prepared in the appeal outcome letter.

If you are not using a lawyer, present your case as clear as possible, use common case laws related to 7 yr rule i.e MA Pakistan and others. Gather as much evidence as possible and state how it relates to your situation. Don't forget Section 117 (6)B. and most importantly Prayers.

If you are using a solicitor, assist him or her in preparing your bundle. You know your situation better than anyone.

N.B I don't offer legal service or advice, Have no legal background. Just sharing my experience for those that could pick one or two points.
Last edited by vinny on Wed Feb 21, 2018 2:17 pm, edited 1 time in total.

Nikki06
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Posts: 48
Joined: Sat Jan 20, 2018 2:39 pm
United Kingdom

Re: Flp fp.7 year rule

Post by Nikki06 » Fri Feb 09, 2018 10:39 am

Kandamaya11 wrote:
Fri Feb 09, 2018 9:25 am
From my experience, My family made an application when my son was over 6 years. Home office refused our application stating our child was 5 years and we should go back to home country. Whereas, at the time of decision child was over 7 years. We appealed in September 2017. Hearing held January 2018.

Our appeal was based on Article 8 ECHR AND 276 ADE Immigration rule. We didn't make use of any solicitor, so bundle was prepared by self using common case laws related to 7 year rule and Section 117 (6) B [A person who is not liable to deportation....]
---Letters from our child to Judge, and from his friends
---Letter from Child's School
---Evidences relating to our situation....medical report and other reason why we can't go back to home country.

On the day of hearing, Home office Presenting Officer, admitted there was a mistake with child's age, accepted our reference to MA Pakistan case law as stated in our bundle, but every other reasons given for reasonableness was not accepted by HOPO.

Judge couldn't see any reason that would tip the balance against allowing our appeal and based on Section 117 (6) B and having no criminal record. He allowed our appeal. Surprisingly, He went on to say how professionally our bundle was prepared in the appeal outcome letter.

If you are not using a lawyer, present your case as clear as possible, use common case laws related to 7 yr rule i.e MA Pakistan and others. Gather as much evidence as possible and state how it relates to your situation. Don't forget Section 117 (6)B. and most importantly Prayers.

If you are using a solicitor, assist him or her in preparing your bundle. You know your situation better than anyone.

N.B I don't offer legal service or advice, Have no legal background. Just sharing my experience for those that could pick one or two points.
Hello Kandamaya thank u very much for the information.my next question is do you send your evidence with the appeal form or you wil start to gather after you have sent..for the moment l don't have a lawyer was advice to start looking for lawyer wen l receive the court..wouldn't mind hearing your experience.how you sent your appeal..

Kandamaya11
Newbie
Posts: 46
Joined: Fri Feb 02, 2018 11:06 am
Ghana

Re: Flp fp.7 year rule

Post by Kandamaya11 » Fri Feb 09, 2018 4:20 pm

After sending your appeal form, next thing is to start gathering evidences and preparing your bundle. Our bundle was sent 6 days to hearing, didn't get any bundle from home office till 2 days after hearing. All home office sent was copy of our application form and refusal letter. You will need to send your evidences with the bundle not later than 5 days before hearing.

At the moment, can't send private message. Once I can do that, will send you detailed explanation on how bundle was prepared and contents of skeletal argument and relevant case laws.
Hope it helps.

Nikki06
Newbie
Posts: 48
Joined: Sat Jan 20, 2018 2:39 pm
United Kingdom

Re: Flp fp.7 year rule

Post by Nikki06 » Fri Feb 09, 2018 5:20 pm

Kandamaya11 wrote:
Fri Feb 09, 2018 4:20 pm
After sending your appeal form, next thing is to start gathering evidences and preparing your bundle. Our bundle was sent 6 days to hearing, didn't get any bundle from home office till 2 days after hearing. All home office sent was copy of our application form and refusal letter. You will need to send your evidences with the bundle not later than 5 days before hearing.

At the moment, can't send private message. Once I can do that, will send you detailed explanation on how bundle was prepared and contents of skeletal argument and relevant case laws.
Hope it helps.


Thank you very much wil be sending my appeal on Mon.myself lam new in the group don't know how to wrk but wld have loved for further explanation n the bundle you sent..l was reading that the Judge might consider your case even with the evidence you submit in your appeal..so l was so hoping to have the all information.. How does 1 send a private message..Can admin help on this.....

User avatar
CR001
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Location: London
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South Africa

Re: Flp fp.7 year rule

Post by CR001 » Fri Feb 09, 2018 5:25 pm

Nikki06 wrote:
Fri Feb 09, 2018 5:20 pm
Thank you very much wil be sending my appeal on Mon.myself lam new in the group don't know how to wrk but wld have loved for further explanation n the bundle you sent..l was reading that the Judge might consider your case even with the evidence you submit in your appeal..so l was so hoping to have the all information.. How does 1 send a private message..Can admin help on this.....
You don't have access to the privilieg of the PM function as you are a new member as is the user replying to you.

Members should post in public so that all can benefit and any incorrect advice can be corrected if necessary.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Nikki06
Newbie
Posts: 48
Joined: Sat Jan 20, 2018 2:39 pm
United Kingdom

Re: Flp fp.7 year rule

Post by Nikki06 » Fri Feb 09, 2018 10:29 pm

Nikki06 wrote:
Fri Feb 09, 2018 5:20 pm
Kandamaya11 wrote:
Fri Feb 09, 2018 4:20 pm
After sending your appeal form, next thing is to start gathering evidences and preparing your bundle. Our bundle was sent 6 days to hearing, didn't get any bundle from home office till 2 days after hearing. All home office sent was copy of our application form and refusal letter. You will need to send your evidences with the bundle not later than 5 days before hearing.

At the moment, can't send private message. Once I can do that, will send you detailed explanation on how bundle was prepared and contents of skeletal argument and relevant case laws.
Hope it helps.


Thank you very much wil be sending my appeal on Mon.myself lam new in the group don't know how to wrk but wld have loved for further explanation n the bundle you sent..l was reading that the Judge might consider your case even with the evidence you submit in your appeal..so l was so hoping to have the all information.. How does 1 send a private message..Can admin help on this.....
Lam gona send Abit of supporting evidence on my appeal coz l read..They might consider your case without court based on your appeal evidence
Can u please share a bit of what you have done so l can use it..Admin said we can't use pm as it might also help other members and l would really want to know your bundles

Kandamaya11
Newbie
Posts: 46
Joined: Fri Feb 02, 2018 11:06 am
Ghana

Re: Flp fp.7 year rule

Post by Kandamaya11 » Fri Feb 09, 2018 11:31 pm

The content of my appeal bundle:
1. Immigration History

2. Skeleton Argument ---Error of law as it relates to your case, decision maker not engaging with section 55 or Article 8, Address any area mentioned in refusal letter that is not true.

3. Applicable case laws...MA PAKISTAN, PD SRI LANKA, JO AND OTHERS, Zoumbas, ZH Tanzania, MM Uganda,Azimi Moayed 2013 UKUT 197, EV Philippines, LD 2010 UKUT 278, EA 2011 UKUT 315.

4. Relevant Paragraphs of Immigration Rules & IDIs ---276 ADE, Section 117 (6) B, IDI Policy Statement, Article 8 ECHR.

5. Witness Statement ---Prepared BY ME

6. Medical Report

7. School report

8. Other supporting documents: Letter from volunteering agency,church or mosque, from families and friends, from child and friends,evidence relating to why you don't wanna go back if any.

Not possible for me to post here all content of bundle...soon as private message is available that wouldn't be a problem.

N.B : This is just a guide.

Nikki06
Newbie
Posts: 48
Joined: Sat Jan 20, 2018 2:39 pm
United Kingdom

Re: Flp fp.7 year rule

Post by Nikki06 » Sat Feb 10, 2018 10:17 pm

Kandamaya11 wrote:
Fri Feb 09, 2018 11:31 pm
The content of my appeal bundle:
1. Immigration History

2. Skeleton Argument ---Error of law as it relates to your case, decision maker not engaging with section 55 or Article 8, Address any area mentioned in refusal letter that is not true.

3. Applicable case laws...MA PAKISTAN, PD SRI LANKA, JO AND OTHERS, Zoumbas, ZH Tanzania, MM Uganda,Azimi Moayed 2013 UKUT 197, EV Philippines, LD 2010 UKUT 278, EA 2011 UKUT 315.

4. Relevant Paragraphs of Immigration Rules & IDIs ---276 ADE, Section 117 (6) B, IDI Policy Statement, Article 8 ECHR.

5. Witness Statement ---Prepared BY ME

6. Medical Report

7. School report

8. Other supporting documents: Letter from volunteering agency,church or mosque, from families and friends, from child and friends,evidence relating to why you don't wanna go back if any.

Not possible for me to post here all content of bundle...soon as private message is available that wouldn't be a problem.

N.B : This is just a guide.
Thank you very much l wil try and work with the guide.Admin said members can't private message
On immigration history been an asylum seekers since 2010....But bfore l was an overstayer.
Can u also shed on witness statement how you wrote yours...
I have gathered much of the stuff like school report and speech therapy report as he is stil being seen at his school .l want to try to send it all on Monday and pray that Judge allow without court coz l read on the form that Judge might allow your case according to evidence without calling you to court
THANK YOU AGAIN FOR THE INFORMATION IT'S VERY HELPFUL ESPECIAL IN THIS TYM..I HAVE WAITED LONG IN MASS ACCOMODATION ALL I PRAYING FOR THE ANSWER TO BE ABLE TO WRK N LIVE WITHOUT FEAR

Kandamaya11
Newbie
Posts: 46
Joined: Fri Feb 02, 2018 11:06 am
Ghana

Re: Flp fp.7 year rule

Post by Kandamaya11 » Sat Feb 10, 2018 11:36 pm

IN THE FIRST TIER TRIBUNAL HU/xxxxx/2017
HELD AT MANCHESTER IAC
On xx/xx/2018

BETWEEN:
MRS YOUR NAME
Appellant
-and-
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (SSHD)
Respondent


WITNESS STATEMENT OF Mr. Witness Name


1. I Mr. WITNESS NAME of WITNESS Street, MANCHESTER. POST CODE wish to make the following statement in support of my( family’s, FRIENDS, SISTER, BROTHER) human rights appeal hearing listed for XX/YY/2018 at MANCHESTER IAC.

2. I can confirm the contents of my statement are true to the best of my knowledge and ability. The appellant YOUR NAME is my( FRIEND,WIFE, HUSBAND, SISTER, COUSIN) and I am a dependant on her FLR FP / Human rights claim.

3. I am a xxxxxx National. I was born in CITY, COUNTRY . I was born to Mr. FATHERS NAME and MOTHERS NAME. My siblings are : xxxxxxx (Elder Brother) and yyyyy (Younger Brother) both xxxxx citizens residing in the yyyyy, and KKKKK (Younger Brother) reside in Dubai.

4. HERE WITNESS STATES HOW YOU TWO RELATE,GOT TO KNOW EACH OTHER OR RELATIONSHIP BTW YOU TWO. LIST IN BULLET POINTS

5. Here talk about how you came to UK in bullet points and list them in numbers like above.

6. I have been resident in the UK since YEAR. I have established a private and family life in the UK, worked and made friends. HERE LIST WHAT YOU HAVE DONE SINCE COMING TO UK. I.E WORK. STUDY. VOLUNTEER.

7. State here your family situation if you have any back home

8. STATE THE OBSTACLES YOU HAD FACE IF YOU HAVE TO GO BACK HOME WITH CHILD. LIST THEM IN BULLET POINTS LIKE ABOVE.

9. LIST ANY OTHER POINTS RELEVANT TO YOUR INTEGRATION IN UK AND THAT OF CHILD


10. I humbly request that our appeal be allowed and my family be leave to remain in the UK, while we look forward to contributing to the society.

Signed: _________________________________________

Dated: __________________________________________

NB; Your witness will write the statement like above using details as it applies to you. I have removed personal info here. But this should help. This is not a professional guide but a prototype of what I used.

koolkate
Junior Member
Posts: 60
Joined: Sat Jun 13, 2015 11:43 am
Pakistan

Re: Flp fp.7 year rule

Post by koolkate » Fri Feb 16, 2018 6:31 pm

Did anyone recieve a court date here? We got a refusal letter on September and appealed in October. Still haven't heard back from the court. We also applied under 7 year child route took them 2 years to refuse it and still not recieved a date from the court 😑

Kandamaya11
Newbie
Posts: 46
Joined: Fri Feb 02, 2018 11:06 am
Ghana

Re: Flp fp.7 year rule

Post by Kandamaya11 » Fri Feb 16, 2018 11:01 pm

@koolkate

I got refusal notice for FLR FP 7 YR RULE in September 2017.
Appealed in October 2017.
Hearing date received in October 2017.
Hearing January 2018.
Appeal Determination ( Allowed) received 7 days after Hearing.

Locked