Overstayer with children.

Hello everyone,
I am newly registered to this highly informative forum but I have read lots and lots of posts and have have indeed seen so much great advice given to people in difficult situations and seen their success stories as well.
I have a very sensitive case as a non EU overstayer for two years plus now.
Please don’t judge me please just see how you give me Supportive advice to help me overcome this huge challenge that’s like a massive clamp around my neck. I have experienced a lot of difficulty in the past 2 years.
I have 3 children all under 16 years who have been here for 7 years now.
I am married but have had issues with my husband and these issues plus health issues made me decide not to follow my husband and return to my original country.
We arrived here in 2012 to join my husband who was on a tier4 Visa as dependents.
Our relationship broke down, we made up but again our relationship’s up and downs coupled with my emotional state has had me in the hospital several times which also resulted in my overstaying.
I am quite strong now and determined to remain strong for myself and the children.
However I am in this situation where I can’t move forward due to my precarious status.
I want to make an application to the Home Office based on the 7 year route for the children but before that I thought it wise to seek your candid and compassionate advice please.
I appreciate anyone taking time to read my lengthy message and responding.
Thank you all.

Hello

There is no automatic "7 year route" for Children. I read about it some time ago in this forum and elsewhere, it's something that is considered on case-by-case basis.

Most often than not, the Home Office would say no and the applicant has to challenge Home Office decision in front of court which may or may not deliver a different decision.

Search this forum. There are some cases that may shed some light.

Dear Zerubbabel,
Thank you so much for your response!
I am really very excited now, just receiving a response is such an encouragement. I needed to talk to someone.
I was almost going crazy with all kinds of stimulative thoughts /despondency!
I understand there’s no automatic 7 year route.
And the case by case basis... our case is a bit familiar but also complicated.
I am a realist but a very hopeful and optimistic one who believes negatives can turn to positives.
I have three young children who have spun on a roller coaster ride of instability and fear because of me. Especially my 12 year old who now understands our situation.
So far I have gathered some documents and engaged the help of a solicitor to help me negotiate this road.
Now my solicitor is not really engaging with me and is always busy and can’t be reached so much that I am struggling not to panic.
What do you think I could start doing now to support me towards success?
Many thanks in advance.

If you feel that your solicitor is not responsive, motivated or interested by you case, you may want to consider finding another one. When we had issues with my wife immigration in the past, we switched 3 times before finding the right person.

The courts usually try to see the best interests of the kids. They evaluate their attachment to the UK and to their home country. Questions such as:

- Did they visit / spent time in their home country? Did they ever lived there?
- Do they know the language of their home country?
- Do they have family / support network in their home country?... etc

This case was successful for instance:
immigration-for-family-members/flr-fp-7 ... 37912.html

This one too:
immigration-for-family-members/flr-fp-7 ... 59450.html

Very much appreciate your help.
I have started looking around for another solicitor.
I am also looking at those cases you pointed out for me.
Is it possible to find out how they ended? I can’t seem to access the end of the case.
In the meantime I am just trying to remain as calm, positive and effective to the best of my ability as I don’t want to go back to that anxiety consuming state I was in that had me in hospital again.
Thank you.

Sunshine06 wrote: ↑

Mon Sep 09, 2019 1:09 pm

Very much appreciate your help.
I have started looking around for another solicitor.
I am also looking at those cases you pointed out for me.
Is it possible to find out how they ended? I can’t seem to access the end of the case.
In the meantime I am just trying to remain as calm, positive and effective to the best of my ability as I don’t want to go back to that anxiety consuming state I was in that had me in hospital again.
Thank you.

Hi
One my friend got 2.5 years visa on the basis of 7 year child route recently without going to court. His 2 children born outside UK. They were 3 and 5 when arrived in the UK. They never overstayed. My friend applied the visa along with his wife.

My advice to you is only apply when your children complete full 7 years in the UK. Not before even 1 day. Gather all their school letters, their achievement in schools or out of school activites. Letters from your children class mates with copy of their british passports( only their parents can give u such information). 5 or 6 these kind of reference letters are enough. If u know any british families with kids, their references also ok. If your husband divorce u or not living with u give them the proof of that. You need to establish that your kids are fully integrated into british society and educational system and its not possible for them to go back to their country of origin. Get a good solicitor who should know what document to submit. I give u a rough idea what kind of documents u should need.

Its hard to get visa on first attempt but u will get it from the court.

Thank you.
I am now gathering more documents photos included and now my passport has expired so I am going to renew and then see about changing my solicitor but as I had earlier paid £1000 to them to engage them I don’t know if they will refund me.

Do you know my solicitor even told me I could apply before my children reached 7 years?
I don’t think they were even paying much attention to my details or just wanted me to fail so I can pay even more money for further proceedings.

Sunshine06 wrote: ↑

Tue Sep 10, 2019 5:09 pm

Thank you.
I am now gathering more documents photos included and now my passport has expired so I am going to renew and then see about changing my solicitor but as I had earlier paid £1000 to them to engage them I don’t know if they will refund me.

Do you know my solicitor even told me I could apply before my children reached 7 years?
I don’t think they were even paying much attention to my details or just wanted me to fail so I can pay even more money for further proceedings.

Seriously ???? I am fuming after reading this highlighted text.

U shouldn't contact this idiot lawyer again. if u can get your money back by any chance, get it back immideatly and never ever contact this clueless liar again.