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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.noajthan wrote:This may be of relevance & interest:
https://www.freemovement.org.uk/can-chi ... residence/
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.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.
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.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;...
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.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.
Actually, I don't, but let's not waste a good idea.Wise wrote:Secret.Simon, you sound as if you work in the HO.
Casa understands exactly where I am coming from. As always, thank you, Casa.Casa wrote:playing 'Devil's Advocate'
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?Casa wrote:@secret.simon +1
@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.
Thanks, this is very useful to know and yes - the Long Residence application has to be made separately by each member of the family.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.