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7 Years

General UK immigration & work permits; don't post job search or family related topics!

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SYED.ZAIDI
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7 Years

Post by SYED.ZAIDI » Wed Jun 25, 2014 3:58 pm

Hello
i'm tier 2 general visa holder and my current visa (first 3years) will be expired in Aug 2015. Also my 10 years in UK will be completed in December 2015. my son was born in UK and he will turn to 7 year old in sept 2014. i have some problems with my employer and it seems to be difficult (but not impossible) for me to continue until Aug 2015 or later thereafter.

So my question is do i switch to category of parents of 7 years old child when he turns to 7 years. And do you think it would be a better option as if i opt this i will no longer dependent on my employer who sponsored me? if i switch to this category then my long term residency (10 years) keep intact? pls advise

Wanderer
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Re: 7 Years

Post by Wanderer » Wed Jun 25, 2014 4:24 pm

Doesn't the child have to be British?
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: 7 Years

Post by Casa » Wed Jun 25, 2014 4:33 pm

This Tribunal decision may be of interest...not that it appears to have the result to may be hoping for.
https://tribunalsdecisions.service.gov. ... 9-2013-ors
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: 7 Years

Post by Amber » Wed Jun 25, 2014 4:57 pm

The child does not have to be British for exception one to engage. Rather the applicant must have a genuine and subsisting parental relationship with a child who has lived continuously in the UK for at least the 7 years immediately preceding the date of application and, perhaps most importantly, it would not be reasonable to expect the child to leave the UK. The application would be FLR(FP) and a 5 years route to settlement if you already have valid leave, of which the time on such leave may continue residency for the purpose of SET(LR).

See also, section FM 1.0 at 3.2.7 (click).
**this forum is not intended to be a substitute for professional advice**
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SYED.ZAIDI
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Re: 7 Years

Post by SYED.ZAIDI » Wed Jun 25, 2014 11:29 pm

can i have more specific answer to my queries please. dear manci please advise??

Shondra Sharma
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Re: 7 Years

Post by Shondra Sharma » Thu Jun 26, 2014 11:37 am

Stick with your employer until your visa and then apply 10 year long residence. Little chance in 7 year child case, almost all the cases are refused under this category.

ouflak1
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Re: 7 Years

Post by ouflak1 » Thu Jun 26, 2014 12:38 pm

SYED.ZAIDI wrote:Hello
i'm tier 2 general visa holder and my current visa (first 3years) will be expired in Aug 2015. Also my 10 years in UK will be completed in December 2015. my son was born in UK and he will turn to 7 year old in sept 2014. i have some problems with my employer and it seems to be difficult (but not impossible) for me to continue until Aug 2015 or later thereafter.

So my question is do i switch to category of parents of 7 years old child when he turns to 7 years. And do you think it would be a better option as if i opt this i will no longer dependent on my employer who sponsored me? if i switch to this category then my long term residency (10 years) keep intact? pls advise
Has your son spent most of his life in the UK? Can you elaborate on what problems you are having with your employer? If not, absolutely fine, but I'm just considering the possibility that they may be acting outside of the rules of visa, which could provide you some relief.

SYED.ZAIDI
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Re: 7 Years

Post by SYED.ZAIDI » Thu Jun 26, 2014 10:11 pm

ouflak1 wrote:
SYED.ZAIDI wrote:Hello

Has your son spent most of his life in the UK? Can you elaborate on what problems you are having with your employer? If not, absolutely fine, but I'm just considering the possibility that they may be acting outside of the rules of visa, which could provide you some relief.
yes he is continuously leaving here in UK without any break.

SYED.ZAIDI
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Re: 7 Years

Post by SYED.ZAIDI » Thu Jun 26, 2014 10:21 pm

[quote="Shondra Sharma"]

but what was the purpose of changes they have announced on 9th Jul 2012 that parents of UK born 7 years old child can apply?? if applicant is genuine and complying all the requirements then on what basis they would refuse the application?? was the purpose to make money -£650 per applicant!!!???

Shondra Sharma
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Re: 7 Years

Post by Shondra Sharma » Fri Jun 27, 2014 10:24 am

SYED.ZAIDI wrote:
Shondra Sharma wrote:
but what was the purpose of changes they have announced on 9th Jul 2012 that parents of UK born 7 years old child can apply?? if applicant is genuine and complying all the requirements then on what basis they would refuse the application?? was the purpose to make money -£650 per applicant!!!???
Hi yes they want to make a money first. Now fees is £601. They say 7 year continuous residence is not enough need to prove it would not be reasonable to leave the UK, but they saying everyone doesn't mattter how long you been in uk, refusing the application and saying you and your family can relocate your country, just ridiculous, standard letter of refusal everyone, trust me, so for you if you can carry on your work permit until you reach 10 years, please please carry on whatever problem you have in your employer ignore it and do your job for your future, be clam with your employer and follow whatever your employer say in the work. Don't jump this 7 year route, you will be in trouble. If you don't have any option, then last option 7 year child rule is fine, something is better than nothing. I have been here in uk 17 years and child born here and now 10 years old, when I applied on sept 2012 |(when my child nearly 9 years old that time) refused our application after one year wait in aug 2013 with no right of appeal. We never been back to our country. Still refused. Mass refusal on this category and big backlog in Judical Review because of that. For this 7 year child route, home office want to trapped this kind of application. Best of luck. God bless.

ouflak1
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Re: 7 Years

Post by ouflak1 » Fri Jun 27, 2014 11:09 am

In spirit I have to agree with Shondra's advice. This type of application is really along the lines of a desperation-last-chance kind of application, strictly meant to be in the interests of the child. Such visas aren't politically popular at the moment, to say the least. It is not meant as a fallback because your other valid visa type isn't working out. If you just aren't getting along with your employer because of personalities, then this 7-year child visa isn't appropriate. If the job pays within the requirement of the visa, the work environment is suitable by UK standards, and you are not being asked to do things outside of your job description (and thus outside of the visa rules), then I don't think you can justify abandoning that visa in what might be a vain hope of getting a type of leave that is highly dependent on discretion and, if the reasons for you originally abandoning your original visa come out, may fail on those grounds alone.

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Frontier Mole
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Re: 7 Years

Post by Frontier Mole » Sat Jun 28, 2014 4:33 am

Cant you change employer?
What industry are you working in?

SYED.ZAIDI
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tier2 dependant visa within UK

Post by SYED.ZAIDI » Thu Sep 25, 2014 3:40 pm

i have tier2 general visa and want to apply Visa for my new born (born in UK) as dependant. i want to ask which documents should i needed to support the application. please advise asap. thank you.

SYED.ZAIDI
Junior Member
Posts: 79
Joined: Wed Apr 23, 2014 3:08 pm

Re: tier2 dependant visa within UK

Post by SYED.ZAIDI » Fri Sep 26, 2014 1:07 pm

SYED.ZAIDI wrote:i have tier2 general visa and want to apply Visa for my new born (born in UK) as dependant. i want to ask which documents should i needed to support the application. please advise asap. thank you.
CAN SOMEBODY REPLY ASAP PLEASE> THANK YOU>

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