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FLR (FP) Seven Years Continuous Residence by a Child

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effy
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FLR (FP) Seven Years Continuous Residence by a Child

Post by effy » Sun Jan 24, 2016 9:09 am

Hello,

I was a Work Permit holder from Jan 2007 to Jan 2009 (2 yrs) and became a Dependant visa holder from Dec 2008 to up to now (7 yrs). This is through my husband (who was a Dependant visa holder from Jan 2007 - Jan 2009 (2 yrs)) a Work Permit holder from Dec 2008 - Dec 2010 (2 yrs), then Tier 1 (General) visa holder from Dec 2010 up to now (5 yrs). We have a son who has been continuously residing in the UK with us since Jan 2007 (9 yrs) since he was 2 years old and a daughter who was born in the UK now aged 7yrs.

My husband is now eligible to apply for ILR as the main applicant (myself and two children as dependants), but having been made redundant since 12 months ago, he would be unable to meet the minimum points required for a successful ILR application.

I have read about Article 8 of the ECHR and the relevant Immigration Rules which adopt it - enabling parent(s) and children to apply via FLR(FP) (Application for leave to remain in the UK on the basis of your family life as a partner or parent or on the basis of your private life in the UK).

How successful would our applications be via FLR(FP) considering our family background as follows:
- Both my husband and I have been professional skilled workers in the country for the past 9 years; our earnings taxed under the 40% tax bracket
- Our 11-year old son: He had lived in our home country for 2 years (never attended formal education in home country). He has attended full-time fee-paying British nursery from the aged 3 to 5 (2 years), attended local state school for his Reception year (1 year) and been attending independent fee-paying British schools for 5.5 years (and counting). He only speaks English (fluent) and is a model all-rounder student in school (twice recipient of the Form Prize). He just completed 11+ entry exams for 3 top independent senior schools in London, currently awaiting results of tests and interviews for entry into Year 7 of the schools. He has only been to his home country for less than 16 weeks throughout the 9 years he has been continuously residing in the UK.
- Our 7-year old daughter: She was born in a London and has never lived outside of the UK. She has attended full-time fee-paying British nursery from the aged 1-5 (3.5 years), thereafter attended independent a fee-paying British school for 2.5 years (and counting). She only speaks English (fluent) and is a high-achieving student (recipient of the school's Academic Prize). She has only been to her home country for less than 13 weeks throughout the 7 years she has been continuously residing in the UK.

I would be grateful for ones with knowledge and experience in similar FLR(FP) type of application - to share your thoughts on the above. It is really quite daunting reading some of the FLR (FP) applications which were refused with no right of appeal, or were appealed at the First Tier Tribunal and Upper Tier Tribunal and but refused leave to remain (ordered for removal).

Many thanks,

Effy

noajthan
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Re: FLR (FP) Seven Years Continuous Residence by a Child

Post by noajthan » Sun Jan 24, 2016 12:57 pm

This may be of relevance & interest:
https://www.freemovement.org.uk/can-chi ... residence/
All that is gold does not glitter; Not all those who wander are lost. E&OE.

effy
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Re: FLR (FP) Seven Years Continuous Residence by a Child

Post by effy » Sun Jan 24, 2016 1:41 pm

noajthan wrote:This may be of relevance & interest:
https://www.freemovement.org.uk/can-chi ... residence/
Thank you. I have just browsed through the very well-written article. If relying primarily on the "Best Interest of the Child" perimeter, the odds seem to be higher that we could receive an approval via the FLR (Private) route as we do not qualify under the (Parent or Partner) route. There is also a high degree of possibility that our FLR application will be refused, on the grounds that there is not "very significant obstacles to integration" into our home country (refer https://www.gov.uk/government/uploads/s ... t_2015.pdf - as both my husband and I had spent a more than half of our lifetime in our home country and have extended families in that country.

Would you be aware of a successful FLR (Private Life) case published in this forum - whereby both parents are non-British citizens and but granted leave to remain primarily on the "best interest of the child" basis? I would be ever so grateful to get in touch with him/her for further advice.

Thanks again,

Effy

noajthan
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Re: FLR (FP) Seven Years Continuous Residence by a Child

Post by noajthan » Sun Jan 24, 2016 2:55 pm

effy wrote:...

Would you be aware of a successful FLR (Private Life) case published in this forum - whereby both parents are non-British citizens and but granted leave to remain primarily on the "best interest of the child" basis? I would be ever so grateful to get in touch with him/her for further advice.

Thanks again,

Effy
You can run a quick search of the forum/s using the 'advanced search' feature (at top of some of the forum pages) to get started.

There are other senior members who know more of this complex & challenging area;
no doubt they may be able to advise when they have a moment.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

avjones
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Re: FLR (FP) Seven Years Continuous Residence by a Child

Post by avjones » Mon Feb 01, 2016 11:25 pm

Are you and your husband from the same country? What other languages are spoken in that country, would it cause difficulties in education?

It's a difficult one, though. "Best interests" isn't a trump card, so you need to bear in mind specific difficulties that your children would face, such that it would make it unreasonable for them to leave the UK.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

secret.simon
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Re: FLR (FP) Seven Years Continuous Residence by a Child

Post by secret.simon » Tue Feb 02, 2016 8:19 am

The specific language of the Immigration Rules is
276ADE (1). 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:
(i) does not fall for refusal under any of the grounds in Section S-LTR 1.2 to S-LTR 2.3. and S-LTR.3.1. in Appendix FM; and...
(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;...
Why do you consider it unreasonable to expect your children to leave the UK? Even if they have not lived there for a significant period of time, they are young and there can be an expectation that they will easily integrate with life there after a while.

Children who immigrate into the UK face the same challenge. Why should children who emigrate from the UK be expected to be different?

PS: Don't get upset if the above sounds harsh. One must argue both sides of the argument to get a complete picture.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Wise
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Re: FLR (FP) Seven Years Continuous Residence by a Child

Post by Wise » Tue Feb 02, 2016 6:09 pm

Secret _Simon, you sound as if you work in the HO. Also have you not seen many people being given LTR base on the same ground by appealing.

Look for a good lawyer and read some successful story in the forum.

Good luck.
It is really good to help and everyone deserve to be respected in life. Good luck.

avjones
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Re: FLR (FP) Seven Years Continuous Residence by a Child

Post by avjones » Tue Feb 02, 2016 6:23 pm

It's a difficult one to get. You need to point to something in particular that makes it unreasonable for a child to return. It's not just 7 years.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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Casa
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Re: FLR (FP) Seven Years Continuous Residence by a Child

Post by Casa » Tue Feb 02, 2016 6:33 pm

Wise wrote:Secret _Simon, you sound as if you work in the HO. Also have you not seen many people being given LTR base on the same ground by appealing.

Look for a good lawyer and read some successful story in the forum.

Good luck.
While playing 'Devil's Advocate', secret.simon's advice is at the same time actually well-balanced. Yes there have been success stories, but there have also been failures.
(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.

secret.simon
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Re: FLR (FP) Seven Years Continuous Residence by a Child

Post by secret.simon » Tue Feb 02, 2016 6:45 pm

Wise wrote:Secret.Simon, you sound as if you work in the HO.
Actually, I don't, but let's not waste a good idea.
Casa wrote:playing 'Devil's Advocate'
Casa understands exactly where I am coming from. :D :D As always, thank you, Casa.

It is well to remember that a Devil's Advocate is an important role for an insider in the canonisation of saints in the Roman Catholic Church. It's definition in the Wikipedia article does fit me to a T.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Casa
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Re: FLR (FP) Seven Years Continuous Residence by a Child

Post by Casa » Tue Feb 02, 2016 7:28 pm

@secret.simon +1 :wink:
@effy as avjones has wisely said...the success of your applicaton rests greatly on how strong a case you are able to present regarding your children's inability to adapt to a life outside of the UK.
(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.

effy
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Re: FLR (FP) Seven Years Continuous Residence by a Child

Post by effy » Fri Feb 05, 2016 8:28 am

Casa wrote:@secret.simon +1 :wink:
@effy as avjones has wisely said...the success of your applicaton rests greatly on how strong a case you are able to present regarding your children's inability to adapt to a life outside of the UK.
Thank you @Casa @avjones. Appreciate your thoughts. Application already went it yesterday - hopefully all supporting documents satisfy our family's proof of residence (9 years). A kind lady(?) @ojliaa from this forum had shared her experience in quite similar circumstances and application - took 7 months from her date of application to refusal with rights of appeal; to lodging an appeal; and to the acknowledgment/fees processed by the First Tier Tribunal. Very long lead time - which gives rise to my other lingering question: could my family and I apply for Long Residence (10 years) once our legal stay in the UK reaches the 10th year (whilst the FLR(FP) is being processed albeit at the FTT or STT stage?

Effy

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Re: FLR (FP) Seven Years Continuous Residence by a Child

Post by avjones » Fri Feb 05, 2016 5:38 pm

Yes, with a number of caveats. If you made your application in-time, before the expiry of your previous visa, you would continue to accrue lawful residence while the matter is considered by the Home Office and, if necessary, the First Tier.

That only applies if each person has made an application, and only applies to each person reaching ten years.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

effy
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Re: FLR (FP) Seven Years Continuous Residence by a Child

Post by effy » Fri Feb 05, 2016 6:23 pm

avjones wrote:Yes, with a number of caveats. If you made your application in-time, before the expiry of your previous visa, you would continue to accrue lawful residence while the matter is considered by the Home Office and, if necessary, the First Tier.

That only applies if each person has made an application, and only applies to each person reaching ten years.
Thanks, this is very useful to know and yes - the Long Residence application has to be made separately by each member of the family.

Effy

bus
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Re: FLR (FP) Seven Years Continuous Residence by a Child

Post by bus » Mon Feb 08, 2016 5:17 pm

hI eFFY
I AM ALSO VERY SIMILAR STATUS AS YOU BUT WITH ONLY CHILD Going to Grammer school and she will be 15 this year. did oyu consult a lawyer or did you apply by your own. can you please share your how you done the letter regarding chid education and private life. much appreciated your help.

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