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FLR (FP) 7 years route for child

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bus
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Singapore

FLR (FP) 7 years route for child

Post by bus » Thu Dec 01, 2016 9:01 pm

i read lots of information from this forum and so informative greatly appreciated your answers to my question too. I came to this country as a student in end of 2008 alone and went back to my country after 3 1/2 months finishing my first semester and came back in 2009 November with my husband and daughter 8 1/2 years old at that time. in January we extended my student visa for 10 months and completed my Degree then applied for PSW and enjoyed 2 years after finishing my psw I applied T1 Ent with a friend of mine as a business partner refused the visa for both of us and then i had appeal right but not my business partner so i appeal my case and won the case. but now im struggling a bit to continue my business as one person. But my daughter is going to reach her 7 years clock in the uk this year can i apply this 7 years visa from her. now she is in year 11 age 15 1/2 yrs studying in one of the best grammer school in the area she is doing well in her studies. end of this year she will be completing her 7 years and end of next year i will have apply for my extension. Im in two worlds now some say apply from my daughter 7 years rule and some says not to. please try to understand my position and help me.
your valuable comments are greatly appreciated many thanks :)

Wanderer
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Re: FLR (FP) 7 YEARS ROUTE FOR CHILD

Post by Wanderer » Thu Dec 01, 2016 9:10 pm

bus wrote:i read lots of information from this forum and so informative greatly appreciated your answers to my question too. I came to this country as a student in end of 2008 alone and went back to my country after 3 1/2 months finishing my first semester and came back in 2009 November with my husband and daughter 8 1/2 years old at that time. in January we extended my student visa for 10 months and completed my Degree then applied for PSW and enjoyed 2 years after finishing my psw I applied T1 Ent with a friend of mine as a business partner refused the visa for both of us and then i had appeal right but not my business partner so i appeal my case and won the case. but now im struggling a bit to continue my business as one person. But my daughter is going to reach her 7 years clock in the uk this year can i apply this 7 years visa from her. now she is in year 11 age 15 1/2 yrs studying in one of the best grammer school in the area she is doing well in her studies. end of this year she will be completing her 7 years and end of next year i will have apply for my extension. Im in two worlds now some say apply from my daughter 7 years rule and some says not to. please try to understand my position and help me.
your valuable comments are greatly appreciated many thanks :)
There is no 7 year rule, this crux is now 'best interests of child' and children are adaptable, more so than adults.
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: FLR (FP) 7 YEARS ROUTE FOR CHILD

Post by Casa » Thu Dec 01, 2016 9:45 pm

This article by Freemovement explains the stance the Home Office are currently taking and in particular note:
"The Home Office position in almost all cases seems to be that it would be reasonable for a child to accompany his or her parents abroad, so very few applications under this rule are currently succeeding.

Some provision is made in Appendix FM for the parents of a child to remain in the UK for 7 years, but only if one of the parents is British or settled (paragraph EX1) or if the parents are separated (family life as parent of a child route). There is no provision within the Immigration Rules where neither of the parents have any status and the parents are still together."


https://www.freemovement.org.uk/can-chi ... residence/
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Obie
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Re: FLR (FP) 7 years route for child

Post by Obie » Fri Dec 02, 2016 12:53 am

My reading of the case law, is that the circumstance of the child who meets the conDitton of 276ADE is first considered, and then the parents position, and a balance is struck as to whether it will be reasonable in all the circumstance. In case of children at the advance stages of their education, the case law indicates that their position is much stronger that child in the early part of their education, whose only links would have been with immediate family.
Judge not, and you will not be judged.

bus
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Singapore

Re: FLR (FP) 7 years route for child

Post by bus » Sun Dec 04, 2016 10:55 pm

Thank you Casa for posting the link very interesting case. the positive side of that case is we are not overstayed but it will be very difficult decide what to do. also i couldn't found the final decision of the case. much appreciated your help.

bus
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Joined: Sat Jan 18, 2014 1:13 pm
Singapore

Re: FLR (FP) 7 years route for child

Post by bus » Mon Dec 05, 2016 2:36 pm

thank you Obie for summarizing the case what is your experience with Only Child (girl) age 16 1/2 yrs and doing her education well and she is doing her Advance Level. she stayed in the country for 7 1/2 years. Lawfully Living with both parents. your advice is much appreciated.

bus
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Posts: 84
Joined: Sat Jan 18, 2014 1:13 pm
Singapore

Re: FLR (FP) 7 years route for child

Post by bus » Mon Dec 05, 2016 2:40 pm

thank you Obie for summarizing the case what is your experience with Only Child (girl) age 16 1/2 yrs and doing her education well and she is doing her Advance Level. she stayed in the country for 7 1/2 years. Lawfully Living with both parents. your advice is much appreciated.

Obie
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Re: FLR (FP) 7 years route for child

Post by Obie » Tue Dec 06, 2016 11:21 am

The girl can apply with family. She can argue that removing her will breach her private life.
Judge not, and you will not be judged.

bus
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Singapore

Re: FLR (FP) 7 years route for child

Post by bus » Tue Dec 06, 2016 6:43 pm

Thank you very much Obie do you know what are the documentation I have to submit with the application and I can remember I read a grate link in this forum with full of information but unfortunately I can't locate that link. It will be greatly appreciated if you can send me the list of doc. many thanks

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