Zee ali wrote:Babui wrote:Hi solace as I am not an expert about immigration all I can advice through my own experience what ever application you made it will take at least 1 month to strat processing
Like validity check and fee procecing also biometric issue so don't worry about 22 days just apply coz when the file go to case worker then you 7 years already start and the day count case worker take decision but right now it's very hard to get decision on favour under child 7 years route unless there are some compassionate grounds, every case belongs it own merits so best of luck
solaced wrote:Dear members please help me!!!
I am between the devil and the deep blue sea.
which one to choose?
After Entrprnr visa refused and all appeal rights exhausted from UTT, I need to apply within 28 days on flr FP 7 years child concession. But there is still a gap of 21 days for my children to clock 7 years.
Now, I AM IN BETWEEN 2 WORST SITUATIONS !
1-- IF WE APLY WITHIN 28 DAYS to avoid being overstayed, my children do not complete their 7 years (21 days short). The HO would straightaway refuse saying, "7 years period was not completed", and courts would more likely follow the HO decision.
2-- IF WE BECOME OVERSTAYERS FOR 21 DAYS to complete our children's 7 years. The HO can refuse straightaway saying, " applicants were overstayers etc". And all my previous lawful residence will break also. (I don't know if it's broken already or not).
Please advise from your experience which odd should I pick up and why not the other one.
Many thanks!!!
@Babui
I think its not the case because HO always consider the date of application. One of my friend was in same position but his son was very close to 7 years (1 week short). As his visa was expiring he applied 1 week before his child turned to 7.
Ho refused their application saying child was not 7 on the date of application. it happened in 2014. when u get appeal right if y apply before expiring of the visa.
Now a days HO give u appeal right if they not certify your claim. means your case has some merit.
@solaced
My advise to u is apply after your child turn 7 years based on my friend experience. u will get appeal right as u have a case ( child is 7 ).
@SOLACED (Finally You Have to Decide by your own personal Circumstances)
7 Year Rule and Children of Irregular Migrants:
First of all, I would go with ZEE ALI's comments that let complete 7 years to avoid being certified and then claim for human rights so that at least you can get appeal right. But on the other hand, bear in mind that you may lose your WORK RIGHT if you become overstayer so I would strongly go with BABUI's advice that don't become overstayer and should apply before your current visa expiring. I have a friend who applied before visa expiry in 2014 with 3days shorter in 7 years clock and got appeal right as well (still waiting for decision from Upper Tribunal & near to complete 10Years legal residency)
No doubt, there is an exception in force from the 9th July 2012; If you are an overstayer/irregular migrant or on temporary admission, with an irregular migrant child, who is under the age of 18 and has lived in the UK for 7 years, that child and prospectively, the child's parent(s) may regularize their immigration status in the UK but WORK RIGHT on the discretion of Home Office.
So technically, you may apply for Parent of a Child Visa under 7 years child concession policy, even if you've OVERSTAYED or don't meet financial or language requirements but please bear in mind about WORK RIGHT.
And generally, where an overstayer has established a private and/or family life in the UK and has a genuine and subsisting parental relationship with a child who;
➡is under the age of 18 years and is in the UK and is a British Citizen or
➡HAS LIVED IN THE UK CONTINUOUSLY FOR AT LEAST THE 7 YEARS IMMEDIATELY PRECEDING THE DATE OF APPLICATION; and
➡it would not be reasonable to expect the child to leave the UK;
MAY SEEK TO REGULARISE THEIR LEGAL STATUS under Article 8 ECHR 1998 of the Human Rights Act 1998. Bear in mind, this Article 8 is not restricted to children who have been in the UK for 7 years.
So again technically, where there are minor dependent children in the family who have been living in the UK continuously for 7 or more years and in most cases, the ties established by children over this period will outweigh other considerations and it is right and fair that the family should be allowed to stay here.
Therefore, for people who are in the UK who have overstayed their visas and have formed a relationship with a British citizen or somebody who has a permanent legal status and even perhaps had children with them, such persons have ultimately established, what can be argued a family life in the UK and such persons can make an application to regularise their legal status in the UK.
Lastly, please read the general immigration rules of Eligibility that;
You may also qualify for the visa if you and your child are in UK and your child has lived here for 7 years;
Family life as a parent (10-year route);
1.You can also apply in this route if the child has lived in the UK continuously for at least 7 years.
2.You must meet the eligibility requirements for the parent routes.
3.You must also prove that it wouldn’t be in the child’s best interests to leave the UK with you.
Private life in the UK (10-year route);
You must be able to prove that you’re:
1.Between 18 and 24 and you’ve lived continuously in the UK for more than half your life
2.25 or over and you’ve been in the UK continuously for 20 years
3.18 or over and you’ve spent less than 20 years in the UK, but you’d find it hard to live in another country, e.g. because you have no friends or relationships there
4under 18 and you’ve lived in the UK continuously for at least 7 years, and it would be unreasonable to expect you to leave the UK.
You can still apply to switch into this category under paragraph EX1 of the Immigration Rules if you don't have a valid visa in the UK, or have overstayed for more than 28 days or are here on temporary admission or release.You will however need to show that:
(i) you have a genuine and subsisting parental relationship with a child who:
(aa) is under the age of 18 years, or was under the age of 18 years when you were first granted leave as a parent under EX1;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years; and
(ii) it would not be reasonable to expect the child to leave the UK.
You will not need to meet the English language and financial requirements if EX1 applies.
If however you applied under the EX1 exception, you will need to extend your 30 month visa until you have completed 10 years in the UK as a parent of a child in the UK. You will be subject to a condition of no recourse to public funds unless the Home Office deems such recourse to be appropriate.
Hopefully, you will find your answer here but please always bear in mind to seek legal advice from professional and experienced Solicitors/Barristers.
Thanks to all for replying on this post.
My all Sympathies are with you. Best of Luck!
Cheers @Ojliaa
