Family and private life application

[sunnyhoney666]

Hi, Thanks for looking my post. I'm very hopeful that I will get an answer for my post
Very briefly for your understanding

I've 3 children, 9 years 3 months, 6 years 8 months, 5 years 3 months, all were born in the UK
I've made application for Family and private life based on 7 years back in 2010,
Refused by Home office, then we went to
JR, HO withdraw their case and said that they will reconsider, after re-consideration
Again refused, we went to First Tier-Tribunal, hearing date given 28th of May 2014, our lawyer has submitted all our relevant documents and appointed a Barrister for our case, but unfortunately I've got a news today that our hearing has been adjourned and given new date in September 2014.
Hope you understand my situation now.

Questions is
In the letter saying that "ADJOURNED PRIOR TO HEARING DUE TO LACK OF COURT TIME"
Can somebody please help me and let me know why is that? is that a normal thing or HO has approached to the court to change date or may be from my Lawyer? Do you think that is their any chances to win this case? bearing in mind that i have 3 children and all of them were born in UK.

I've provided loads of photos, reference letters, children school certificates, their attendance record, their after school club activities, GP letter confirming that we are registered with them since 2004, series of paid council tax, utility bills i.e water, gas, electric, TV licence etc.

Please reply asap and advise me what to do next.

Once again thank you

[Shondra Sharma]

When you applied in 2010, was your child 7 years old?

[Amber]

Well you'll be registering your oldest child as British around the time of appeal hearing won't you? That'll further support your case.

[sunnyhoney666]

When you applied in 2010, was your child 7 years old?

Thanks for reply, Back in 2010, that was initial application made by us based on ILR set (o) (that was our solicitor mistake)
New solicitor submitted new application in Feb 2012 based on HR.

First child birth = Feb 2005
second child birth = Sep 2007
Third child birth = Nov 2008

When should I apply for my child as British citizen? She is now 9 years and 4 months old and by the time of hearing she would be 9 years and 7 months old.
Please advise

[Shondra Sharma]

Your first solicitor did wrong. When you applied in feb 2012, that time no 7 year child rule, 7 year child rules came in july 2012, that's why they refused. after refusal you go JR, in consideration they refused and given a right of appeal, you will be fine in a appeal process. You can apply your child british citizenship on feb 2015, when he/she completed 10 years in uk( child born and lived in uk for first 10 years not out of uk for over 90 days in a year). You see home office follow the rules in your applying time (feb 2012) that's why they refused because that time no 7 year child rules. You will be fine its only a matter of time, they can't able to remove your family. You need to wait for some more time. Best of luck. God bless.

[sunnyhoney666]

Your first solicitor did wrong. When you applied in feb 2012, that time no 7 year child rule, 7 year child rules came in july 2012, that's why they refused. after refusal you go JR, in consideration they refused and given a right of appeal, you will be fine in a appeal process. You can apply your child british citizenship on feb 2015, when he/she completed 10 years in uk( child born and lived in uk for first 10 years not out of uk for over 90 days in a year). You see home office follow the rules in your applying time (feb 2012) that's why they refused because that time no 7 year child rules. You will be fine its only a matter of time, they can't able to remove your family. You need to wait for some more time. Best of luck. God bless.

Thanks Sharma. one last question, As per your experience and expertise, what do you think why hearing was adjourned? is this because our lawyer submitted folder 10 days before of hearing? or HO asked for more time from the court? In Notice of Adjourned Hearing saying that "Adjourned prior to hearing due to lack of court time? What does it means? did the court did not know that they will be busy in this month and why did they give us date in Jan 2014 for May? these are some questions in my mind. Please reply

[sunnyhoney666]

Well you'll be registering your oldest child as British around the time of appeal hearing won't you? That'll further support your case.

Thanks Amber

If luckily we granted leave, any idea as per my case on what track you might put me on? i.e 10 years or 6 years?
What would be the affect on my application if child is nearly 10 years of age? does it affect on the route? please advise

[sunnyhoney666]

In addition, Me and my wife came in this country in 2004 on visit, my wife resided here since then and never left country. I went abroad in 2006 for 2 weeks and came back and resides since then. Does it affect any additional point in my case. My wife's 10th year in June 2014 and mine 8th year

Thank you for your kind advises