7 year child concession- article 8

Labba14 · Post by **Labba14** » Wed Dec 04, 2013 11:53 am

Hi,
My situation is bit different. I came to uk in 2006 with my wife 1st child born in 2006 end. We came in work visa. We went back in 2007 when 1st child was 7 months. My wife had second child in 2009 outside back home. We came back to uk in 2011 in student visa. Now my children are 7 and 5 schooling. My visa expired in 2012. Can I apply for 7 year child concession cos my 1st child is 7. I know he has not lived in uk for 7 continuous years. Can I have a good case if I can bridge the gap of 3 years my child lived outside uk with valid reasons.

Lucapooka · Post by **Lucapooka** » Wed Dec 04, 2013 12:12 pm

Labba14 · Post by **Labba14** » Sun Dec 08, 2013 10:47 pm

Why please? Is it because of 3 year continuity ? Or will i have to wait for another 4 years to apply?

Amber · Post by **Amber** » Mon Dec 09, 2013 4:04 am

Exception 1 guidance wrote:Is the child a British Citizen or have they been in the UK for a continuous period of 7 years?
4. You should establish from the application or claim the age and nationality of each child affected by the decision and where they are foreign nationals their immigration history in the UK (e.g. how long have they lived in the UK and where did they live before?).
5. In establishing whether a non-British citizen child has been in the UK continuously for more than 7 years you should include time spent in the UK with and without valid leave.
6. Short periods outside the country – for example for holidays or family visits – would not count as a break in the 7 years required. However, where a child has spent more than 6 months out of the UK at any one time this should normally count as a break in continuous residence unless any exceptional factors apply.

Serkitg · Post by **Serkitg** » Sat Jan 04, 2014 11:55 pm

What about the children who are born here and lived here for 7 years? Thanks

Amber · Post by **Amber** » Sun Jan 05, 2014 6:50 am

Such children can apply for FLR(FP) and when they've been here 10 years, citizenship.

Serkitg · Post by **Serkitg** » Mon Jan 06, 2014 9:19 am

Thanks amber::: my question was, if these application are being refused too? If yes... What can one do to make sure, the result is positive? Thanks

Amber · Post by **Amber** » Mon Jan 06, 2014 9:42 am

Try and prove the highlighted section as much as possible:

276ADE (1) wrote:(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

Alora72 · Post by **Alora72** » Mon Feb 03, 2014 8:52 pm

Hello, I came to the Uk in 2005 with my wife and child as an international student and since then I have been renewing my visa.
I applied for the 7 year child concession under family life in the Uk as I have a child who has lived in the UK continuously for 7 yrs and another child born in the UK 6 years going to 7 , but unfortunately I was refused.

As I was not given any right of appeal, the case is now in Judicial review in Court.

my questions are:-

1. This month (Feb) is the 5th month now, I have not heard from the Court regarding the hearing date or if the Home office have conceded.
[*]Please do I have a chance of a successful Judicial Review?[*]

2. I have been suspended from my work place as they said I do not have right to work document despite showing them letter from the court that the case is in Judicial Review and the case is not yet decided.

[*] Do I have right to work as my case is in court (Judicial Review)?
Pls can anyone offer any help as I have been at home now for 3 weeks and bills are rising on daily basis.[*]

I would be very much grateful for your useful responses.

Many Thanks,

Alora 72

Amber · Post by **Amber** » Mon Feb 03, 2014 11:59 pm

No right to work, you should hopefully be successful.

Alora72 · Post by **Alora72** » Tue Feb 04, 2014 8:41 pm

Thank you very much Amber for your prompt reply. I will continue praying for quick and positive response on the Judicial Review.
please if you have any further information don't hesitate to contact me.

Thanks once again.

Alora72

Alora72 · Post by **Alora72** » Mon Feb 10, 2014 8:18 pm

Hello everyone,
My judicial review has been in court since September 28 2013, I have not heard anything from court since submission.

Please can anyone offer any help regarding judicial review waiting time? how long does it take to get response after initial submission.

Thanks for your help,

Alora 72.

Emmanuel2000 · Post by **Emmanuel2000** » Wed Mar 19, 2014 8:57 pm

Alora72 wrote:Hello, I came to the Uk in 2005 with my wife and child as an international student and since then I have been renewing my visa.
I applied for the 7 year child concession under family life in the Uk as I have a child who has lived in the UK continuously for 7 yrs and another child born in the UK 6 years going to 7 , but unfortunately I was refused.

As I was not given any right of appeal, the case is now in Judicial review in Court.

my questions are:-

1. This month (Feb) is the 5th month now, I have not heard from the Court regarding the hearing date or if the Home office have conceded.
[*]Please do I have a chance of a successful Judicial Review?[*]

2. I have been suspended from my work place as they said I do not have right to work document despite showing them letter from the court that the case is in Judicial Review and the case is not yet decided.

[*] Do I have right to work as my case is in court (Judicial Review)?
Pls can anyone offer any help as I have been at home now for 3 weeks and bills are rising on daily basis.[*]

I would be very much grateful for your useful responses.

Many Thanks,

Alora 72

Emmanuel2000 · Post by **Emmanuel2000** » Thu Mar 20, 2014 4:10 am

Hello!

Can a child who has lived in UK for over 7 years apply for leave to remain in UK on his own and what form should he use.or can a parent apply with him as family life as a parent (10 year route) or on his own on
private life in the UK (10 year route).

Completely confused any advise would be of great help.

Many Thanks,

Emmanuel2000

Emmanuel2000 · Post by **Emmanuel2000** » Thu Mar 20, 2014 4:11 am

Emmanuel2000 wrote:Hello!

Can a child who has lived in UK for over 7 years apply for leave to remain in UK on his own and what form should he use.or can a parent apply with him as family life as a parent (10 year route) or on his own on
private life in the UK (10 year route).

Completely confused any advise would be of great help.

Many Thanks,

Emmanuel2000

liaqatali · Post by **liaqatali** » Sun Apr 13, 2014 9:11 pm

Emmanuel2000 wrote:
Alora72 wrote:Hello, I came to the Uk in 2005 with my wife and child as an international student and since then I have been renewing my visa.
I applied for the 7 year child concession under family life in the Uk as I have a child who has lived in the UK continuously for 7 yrs and another child born in the UK 6 years going to 7 , but unfortunately I was refused.

As I was not given any right of appeal, the case is now in Judicial review in Court.

my questions are:-

1. This month (Feb) is the 5th month now, I have not heard from the Court regarding the hearing date or if the Home office have conceded.
[*]Please do I have a chance of a successful Judicial Review?[*]

2. I have been suspended from my work place as they said I do not have right to work document despite showing them letter from the court that the case is in Judicial Review and the case is not yet decided.

[*] Do I have right to work as my case is in court (Judicial Review)?
Pls can anyone offer any help as I have been at home now for 3 weeks and bills are rising on daily basis.[*]

I would be very much grateful for your useful responses.

Many Thanks,

Alora 72

Hi Alora

Any good new from court i would be grateful if u could share any progress from court. Can i ask which type of documents u submitted with the application and why they have been refused visa.

Amber can u give any advise related to seven yrs and private life i will apply my visa next month.

thanks

fatimah · Post by **fatimah** » Wed Jun 11, 2014 9:07 am

hi
i have been in UK since 1st july 2006 as a student,my son born in august 2006 uk.after finished my visa last year october i applied under 7 years child route. first tire tribunal approved the appeal last 28 April 2014.

but home office re appealed against the decision. dont no how to overcome this problem,any idea any comment will be appreciate

thanks

surfsumi · Post by **surfsumi** » Wed Sep 24, 2014 1:38 pm

hello there.. I'm in the same situation like you all. Have you all got the FLR ? please update the post. thank you .

Emmanuel2000 · Post by **Emmanuel2000** » Fri Nov 07, 2014 7:16 am

Hi!

URGENT HELP! Can a child who has lived in UK for over 7 years apply for leave to remain in UK on his own and what form should he use. Currently waiting for judicial review permission but been waiting for over 7 months.

Completely confused any advise would be of great help.

Many Thanks,

Emmanuel2000

Obie · Post by **Obie** » Fri Nov 07, 2014 8:17 pm

276ADE (1)(iv) should apply.

You should have a decent prospect of success , with such application.

Emmanuel2000 · Post by **Emmanuel2000** » Sat Nov 08, 2014 7:17 pm

Many Thanks zombie for the response and helpful encouragement.

Waiting in limbo is depressing to say the list.

Is there any recent cases similar to mine which where successful?

Regards

Emmanuel2000 · Post by **Emmanuel2000** » Sat Nov 08, 2014 7:26 pm

Sorry for the typo error. It should read "many thanks Obie.

ashraf88 · Post by **ashraf88** » Thu Dec 11, 2014 5:15 pm

Hi there,

My father has been living in the uk since early 2007 as a foreign diplomat (diplomatic visa exempt) with his wis wife and youngest son retired while posted in the uk in 2012. he remained with them in the u.k and has recently applied for LTR (leave to remain) under the 7 year child concession route as the youngest child is in secondary school now and has been here for 7 years+. currently there application was refused on the grounds of the UKVI as they stated they did not meet their grounds and can go back to their native country as this will not affect the child's future. please could you advise me on this as i am sincerely worried as well as my entire family.

-ashraf

remiee · Post by **remiee** » Mon Dec 29, 2014 9:56 pm

New judgement regarding a Child born here and has lived here for 7 years. https://tribunalsdecisions.service.gov. ... 4-ukut-517

solaced · Post by **solaced** » Sat Jan 02, 2016 8:11 am

Hi Amber & Obie !
I need your advice please.
I want to apply under 7 years child concession route( at the moment, appealed for permission at upper tribunal under entrepreneur visa and result is expected next month).
My 2 questions are ;
If my application under 7 Years category is refused again by HO, would I be given appeal right this time too under this category, as was given before under Entrprnr visa, or AR option only.

Secondly, does someone become overstayer if, after refusal of AR and then JR. What options left after the latter refusal, what percentage of success normally, and how to avoid being overstayer in this journey ?

Your replies would be a great help to understand the legal system.
Many thanks!

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7 year child concession- article 8

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