7 YEAR CHILD CONCESSION

I am from outside the EU and have been legally in the UK for the last 7 years with my wife and 4 children, aged 23, 20, 17 and 13 this year. I have currently a Tier 2 general visa expiring in April 2015 and my wife and children are all my dependants under that category.

I understand I could apply for indefinite leave for my children who are under 18 under the current 7 year concession rules. My question is what would happen to my other two children who are now over 18 and still living with me, if I would go ahead with the application?

1. It's not ILR it would be FLR(FP) - further leave to remain on a 10 years route to settlement, 2 - the 7 year rule is only applicable to children.

I suggest you read 276ADE (1) (click).

Thanks for the info. Do you mean the over 18 children could also apply on the FLR 10 year settlement route?

If they meet the requirements of 276ADE (1) that I linked. Perhaps try and argue:

276ADE (1). wrote:(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK.

if they do not satisfy:

276ADE (1). wrote:(v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment);

The children under 18, should be able to argue:

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; or

If the parents are needing leave also, they could perhaps argue:

EX.1.(a)(i) (click), see the guidance (click).

I and my partner are both from non-EU country and has been in UK illegally since 2004/2005 respectively. We had three children all born in UK November 2006, 2008 and 2010 respectively. The first child is now 7 yrs 3 months. He is doing really well at school. Do we have any chance of success relying on the 276ADE and EX1. Please I need advice from this forum.

Yes, you ought to. FLR(FP) applications should be submitted for the parents. Children born in the UK are not considered 'illegal' unless they've got leave that expires. Perhaps, if no plans to leave, just register each as British when they reach 10.

Hello Amber, Thanks for your reply. Do you think there is a chance, because I have read people saying home office has been refusing lots of application. We had a lawyer that wanted just my partner to apply as sole responsibility with the child; Do you think that is a good option or better apply as a whole family.

Amber_ wrote:Yes, you ought to. FLR(FP) applications should be submitted for the parents. Children born in the UK are not considered 'illegal' unless they've got leave that expires. Perhaps, if no plans to leave, just register each as British when they reach 10.

@Amber
i have a question
I have 2 kids born in uk currently on tier 4 dependent visa expiring may 14.
Me and mrs going to apply for tier 2 in May 14 but we don't want to include our kids because of fees and we don't have any travel plans.
i am completing ten years in april 15 so will apply my kids British passport after getting ILR.

Is that ok if we won't include our children in tier 2 application?????
Will that think effect us in future and for their British passports???????

Regards

Hi Amber I came here as student in 2004 got married and brought my wife in 2007 had first child in 2008 and got illegal in 2009 received IS96 in 2011 going for signing never missed any now I have 4 children 2 going to school my eldest will be 7 in May 2015. Shall I apply for FLR in May 2015 what are my chances what documents do I need. Thanks

Hi I am new to the forum and I don't know where to place a question, where I am writing now says ''post a reply'' but actually i have a question and I will appreciate for assistance please. I have been in UK for 15 years but I was refused extension since 2007 (that means 8 of 15 years have been overstaying actually trying to regularize myself). In 2013 I made a discretionary application that was refused, I appealed and was not successful, now one of my three children is seven years and one month, my question is do i have a chance of being successful on 7 years concession, if so which form do i need to submit and what will my covering letter say? application for 7 years concession or private life in UK. I am tying to make application myself because the appeal process has drained me and i don't have any cash left. really appreciate for assistance

danzel wrote:Hi I am new to the forum and I don't know where to place a question, where I am writing now says ''post a reply'' but actually i have a question and I will appreciate for assistance please. I have been in UK for 15 years but I was refused extension since 2007 (that means 8 of 15 years have been overstaying actually trying to regularize myself). In 2013 I made a discretionary application that was refused, I appealed and was not successful, now one of my three children is seven years and one month, my question is do i have a chance of being successful on 7 years concession, if so which form do i need to submit and what will my covering letter say? application for 7 years concession or private life in UK. I am tying to make application myself because the appeal process has drained me and i don't have any cash left. really appreciate for assistance

sorry didn't mean to quote

I have already Tier 2 Visa valid for 3 years with a Job. I want to obtain Full Work Permit which is not Tier 2 to do better jobs and business. My all children are 12 10 8 2 and never been outside UK and living for 7 years in UK. Can I get leave to remain under 7 years rule to able to do the jobs.

It has a good prospect especially in the case of the 10 and 12 years old.

How long it would take for this FLR application on basis of children 7 years stay.

Some one told me that since you have already Tier 2 and not on removal so my such application will be rejected is it ture?

There will not be an appeal right, but i see no legal reason why it will be refused on the basis that you have a Tier 2 leave.

This is strange and very disappointing that even right of appeal is gone. Any judicial review allowed or anything like that.

Do you deal these cases how much is your fee for 3 children + Father+ Mother application?
Thanks.

Well the reason why you will not get a right of appeal is because you currently have leave to remain.

Under the Currently rule, you will not have a right of appeal if the refusal of your application does not lead to you being in a state where you have no leave.

When does your current leave expires? what region of the UK are you based?

I live in london.
It expires 2018. My ten years would be in 2018.

I am sure you can, you may be able to do Premium service for such application, if you so wish.

I am of the view that there is a stronger case for the 12 years old, as he/she would have a much stronger case, than the one who is 8 years old, which means he/she would have entered at the age of 1.

The 12 years would probably be in Secondary School, and would have developed private life independently of you and your wife, and the time he or she has spent here, has been on a lawful basis.

Hi, We have 4 children. Two born here, now aged 3 year and 6 Year. Two born back home, they were aged 5 month and 4 year when came to uk. Now they are aged 8 year and 12 year. Its been 8 years now. Last year we apply as a whole family FLR(FP) on 7 year child basis for all(Six) of us(Parents and 4 children). It was refused. Then we apply for Fresh Calim (Re-Consideration). Refusal again. No right of appeal both times. All children going to school. Older one started Nursery here and in year 7 now. What option do we have next ? Need help. Thanks.

In the continuity of my previous discussion, I read carefully the documents instruction of FLR FP. According to the rule 7 years children rule, the case mostly support single parent. Is it only for single parent? Can I and my spouse apply same time on this route while are living together?

You could, but the consideration will be outside the rules, if the child qualifies under the Private Life provision.

#usmanshafqat

Sad to hear about your situation-am sort of in a similar scenario to yours, only that I have not heard from them yet. Did your Solicitor tell u as to why there was no right of appeal granted especially with the first flp (fp) application? Was it an in-time application and did you put in an application while your visas where still valid?

Thanks

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Re: 7 YEAR CHILD CONCESSION
Postby usmanshafqat » Sat Mar 14, 2015 5:22 pm

Hi, We have 4 children. Two born here, now aged 3 year and 6 Year. Two born back home, they were aged 5 month and 4 year when came to uk. Now they are aged 8 year and 12 year. Its been 8 years now. Last year we apply as a whole family FLR(FP) on 7 year child basis for all(Six) of us(Parents and 4 children). It was refused. Then we apply for Fresh Calim (Re-Consideration). Refusal again. No right of appeal both times. All children going to school. Older one started Nursery here and in year 7 now. What option do we have next ? Need help. Thanks.
usmanshafqat
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Hi Obie, Could you further explain what do you mean 'child qualifies under the Private Life provision'.