Child 7 year private and family life

[ra2jeev]

Hi Guys, sent an application for private and family life as my son became 7 years and got refused. When I sent the application, my son was 6 years and 9 months but by the time they made their decision he was 7 years and 3 months.

I came to UK October 2003 as a student. My wife joined me in 2008. My son was born September 2010. Applied for the ILR in 2013 and refused as I had a gap due to the invalid application and subsequently out of time application in 2008. ILR refused in 2014 and they served me IS96 with appeal rights. went up to the court of appeal and home office decision withhold.

Sent further submission while on reporting. They even one time served us self-removal directions while my wife was 8 months pregnant with our second son but subsequently canceled removal. Further private life application submitted in 2016 and they were refused in 2017. HO threaten to deport us if we are not making a fresh application and even had to sing for temporary travel documents. Therefore had to apply for the last private life application before my son become 7.

They gave me in-country right of appeal and solicitor send the appeal papers yesterday. Heard very slim chance of succeeding this kind of appeals.( even though they said best interest of the child cases have good merit on them)

Since I came to the UK visited back home 2 times once 2007 and once 2012 with my son. I have been in the UK for 14 years and 2 months. And at least 10 of those years legally and last 4 years on temporary admission. My second son is 22 months old. I completed my studies in here and graduated in 2010. Never Claimed anything until they served me IS96 and stopped me and wife from working. Currently, the local council providing me accommodation and basic expenses.

Only my parents are living in back home and they were depending on me. HO says since I have a family connection and good education I will be able to find and support my family if we were to send home. My son is in year 2 and only speak English.

Does anybody have similar kind of experience who can shed some light on me will be greatly appreciated. Please share your experience with me and good ground that you could use to succeeding my case.

I'm fed up with living on reporting and not be able to work and support the family. We both had good jobs before 2014 and live a good life. It is frustrating when you cant afford a toy for your children sometimes. They said all children should be treated as British children but effectively deprived their rights that their friends are enjoying.

[Wanderer]

Student visa isn't a path to residency surely you knew that?

[doubledee]

Hi Guys, sent an application for private and family life as my son became 7 years and got refused. When I sent the application, my son was 6 years and 9 months but by the time they made their decision he was 7 years and 3 months.

I came to UK October 2003 as a student. My wife joined me in 2008. My son was born September 2010. Applied for the ILR in 2013 and refused as I had a gap due to the invalid application and subsequently out of time application in 2008. ILR refused in 2014 and they served me IS96 with appeal rights. went up to the court of appeal and home office decision withhold.

Sent further submission while on reporting. They even one time served us self-removal directions while my wife was 8 months pregnant with our second son but subsequently canceled removal. Further private life application submitted in 2016 and they were refused in 2017. HO threaten to deport us if we are not making a fresh application and even had to sing for temporary travel documents. Therefore had to apply for the last private life application before my son become 7.

They gave me in-country right of appeal and solicitor send the appeal papers yesterday. Heard very slim chance of succeeding this kind of appeals.( even though they said best interest of the child cases have good merit on them)

Since I came to the UK visited back home 2 times once 2007 and once 2012 with my son. I have been in the UK for 14 years and 2 months. And at least 10 of those years legally and last 4 years on temporary admission. My second son is 22 months old. I completed my studies in here and graduated in 2010. Never Claimed anything until they served me IS96 and stopped me and wife from working. Currently, the local council providing me accommodation and basic expenses.

Only my parents are living in back home and they were depending on me. HO says since I have a family connection and good education I will be able to find and support my family if we were to send home. My son is in year 2 and only speak English.

Does anybody have similar kind of experience who can shed some light on me will be greatly appreciated. Please share your experience with me and good ground that you could use to succeeding my case.

I'm fed up with living on reporting and not be able to work and support the family. We both had good jobs before 2014 and live a good life. It is frustrating when you cant afford a toy for your children sometimes. They said all children should be treated as British children but effectively deprived their rights that their friends are enjoying.

You have high success rate in appeal. Relax brother, I applied 7 year route too and we won it in appeal, we have our visas now. i also appealed about 6 weeks before my son turned 7. You will eventually get your visa by God's grace

[ra2jeev]

Student visa isn't a path to residency surely you knew that?

Hi Wanderer
Sure, student visa not a pathway to the residency /ILR but any legal means of 10 years do. I wasn’t the only one came as a student and who applied for ILR and I’m not going to be the last. I personally know many friends of mine who have got their ILR, almost all of them first came here as students.

In my case, my application rejected due to the application form that expired on 28th February but I have applied using it without checking the date in March. Even though second application within 14 days of rejection It took Home Office 7 months to process and issue the visa. Home office counts those 7 months as overstay and there for a break in continuous residency. I was the one to be blamed for not checking the validity of application form. If It wasn’t for that mistake I wouldn’t probably write this message here today.

Since then so many things happened and now I’m here with the situation. If you can suggest me something to help with the current situation, will really appreciate.

[ra2jeev]

You have high success rate in appeal. Relax brother, I applied 7 year route too and we won it in appeal, we have our visas now. i also appealed about 6 weeks before my son turned 7. You will eventually get your visa by God's grace

Hi Doubledee
Thank you very much for your encouraging words. My main worries are that Home Office telling me that I have a connection with back-home since I have visited the country 2 times in the past even with my son(the Last visit was 2012). Therefore if we were to send back-home as a family unit we will be able to adapt and continue. They also mentioned that my education and work experience will easily get me a job and we may be better off than many people living in the country.

Do you mind telling me that important points that your solicitor has raised during the appeal? Thank you.

[doubledee]

[/quote]

Hi Doubledee
Thank you very much for your encouraging words. My main worries are that Home Office telling me that I have a connection with back-home since I have visited the country 2 times in the past even with my son(the Last visit was 2012). Therefore if we were to send back-home as a family unit we will be able to adapt and continue. They also mentioned that my education and work experience will easily get me a job and we may be better off than many people living in the country.

Do you mind telling me that important points that your solicitor has raised during the appeal? Thank you.
[/quote]

Don't worry that's what they always say, but the judges approach it differently, also by the time of your appeal, your son will be older, during appeal my son was 8 years and 8 months even though we applied before he turned 7. My son had also visited my home country before in 2012 and actually it was to our advantage, because he made a video where he spoke that he doesn't want to go to live there, he lived there before and he didn't like it. main points were that we entered UK legally, we won't be able to sustain ourselves back home due to high rate of unemployment,etc, but it was mostly centred around my son, how he has already developed a private life here, has friends here, etc. Please read my previous posts in my profile. Also homeoffice knows that if he turns 10 he will be able to register as british citizen (i am assuming the same for you, if your son was born here), don't stress out too much, one day you will be free too. All the best

[ra2jeev]

Don't worry that's what they always say, but the judges approach it differently, also by the time of your appeal, your son will be older, during appeal my son was 8 years and 8 months even though we applied before he turned 7. My son had also visited my home country before in 2012 and actually it was to our advantage, because he made a video where he spoke that he doesn't want to go to live there, he lived there before and he didn't like it. main points were that we entered UK legally, we won't be able to sustain ourselves back home due to high rate of unemployment,etc, but it was mostly centred around my son, how he has already developed a private life here, has friends here, etc. Please read my previous posts in my profile. Also homeoffice knows that if he turns 10 he will be able to register as british citizen (i am assuming the same for you, if your son was born here), don't stress out too much, one day you will be free too. All the best
[/quote]

Hi Doubledee,
Thank you very much for quick reply. Yes, my son was born here. When he was visiting my home country he was just over one and half years old and he is not remembering a thing. My solicitor said he probably will be 8 by the time we get a hearing date. I also entered legally and always tried to regulate my stay rather than going underground. Your confidence in the case is very reassuring. Thank you very much again.