Breaking 7 years of UK born child.

[songpe]

Hi,
My son was born in UK and now he competed his 7 years.
But we spent 6 months and 5 days out of the UK when applying for leave to remain.
In 2021 we Applied for 10 years private life in the UK. But HO refused the application due to the break of 6 months and 5 days.
We appeal the decision on FTT and judge ask HO to check the 7 years of eligible child root.

Now HO is under consideration of child’s 7 years root.

Does anyone knows, how HO consider the 6 months and 5 days break (spent this period when he was 1 year old) of eligible child?
As he has well adopted to UK and does it reasonable to deport the child?

Thank you!

[vinny]

Unfortunately, broken.

276A. For the purposes of paragraphs 276B to 276D and 276ADE(1).

• (a) “continuous residence” means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:

276ADE(1)

(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

Unfortunately, after 10 years, child may also fail Section 1

(4)A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F11, (1A)] or (2) [F12or section 10A] shall be entitled, on an application for his registration as a British citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person’s life, the number of days on which he was absent from the United Kingdom in that year does not exceed 90.

[songpe]

Hi Vinny,

Thank you for your response!

I have received the HO response regarding the child 7 years.
However they have accepted the gap and granted 30 months visa for child, me and husband.

Again, thank you for your help!

[vinny]

Good news!

[songpe]

Hi Vinny,

Do you know, how do I request my passports back from the HO?

Thank you!

[vinny]

If they have not mislaid your passports, then they should return them in due course.