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FLR FP 7 Year Child rule absence query

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Violetsareblue
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Posts: 115
Joined: Fri Dec 20, 2019 11:46 pm
United Kingdom

FLR FP 7 Year Child rule absence query

Post by Violetsareblue » Sat Jan 02, 2021 7:47 pm

Could moderators or anyone kindly enlighten on my question, I have not been able to start a new topic hence why I am asking here.
For a child 7 year residence rule, is any absence allowed at all?
If yes, can you confirm when my child 7 years starts.
Child immigration history,
Entered the U.K. with parent with visitor visa on April 2015 and left on 31st May 2015
Re entered the U.K. on 12 November 2015 with visitor visa and never left, became an overstayer with mother.
Does her 7 year residence counts when she first came, even though we went back but we came back in before 6 months absence?

My main question is about the continuous residence but it’s worth knowing that we have leave to remain in a different route therefore no longer an overstayer.

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CULLINAN
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Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: FLR FP 7 Year Child rule absence query

Post by CULLINAN » Sat Jan 02, 2021 8:40 pm

Is there a qualifying child?
You should establish from the application or claim the age and nationality of each child affected by the decision. Where the child is a foreign national, you should
establish their immigration history in the UK (for example how long have they lived in the UK and where they lived before).
In establishing whether a non-British Citizen child has lived in the UK continuously for at least the 7 years immediately preceding the date of application, you should include time spent in the UK with and without valid leave.
Short periods outside the UK – for example for holidays or family visits – would not count as a break in the continuous period of at least 7 years required. However, where a child has spent more than 6 months out of the UK at any one time, this will normally count as a break in continuous residence unless any exceptional factors apply.

A child is a qualifying child if they are a British child who has an automatic right of abode in the UK, to live here without any immigration restrictions as a result of their citizenship, or a non-British citizen child, who has lived in the UK for a continuous period of at least the 7 years immediately preceding the date of application, which recognises that over time children start to put down roots and to integrate into life in the UK.
Page 49

https://assets.publishing.service.gov.u ... 2.0ext.pdf
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Violetsareblue
Member
Posts: 115
Joined: Fri Dec 20, 2019 11:46 pm
United Kingdom

Re: FLR FP 7 Year Child rule absence query

Post by Violetsareblue » Sat Jan 02, 2021 9:15 pm

CULLINAN wrote:
Sat Jan 02, 2021 8:40 pm
Is there a qualifying child?
You should establish from the application or claim the age and nationality of each child affected by the decision. Where the child is a foreign national, you should
establish their immigration history in the UK (for example how long have they lived in the UK and where they lived before).
In establishing whether a non-British Citizen child has lived in the UK continuously for at least the 7 years immediately preceding the date of application, you should include time spent in the UK with and without valid leave.
Short periods outside the UK – for example for holidays or family visits – would not count as a break in the continuous period of at least 7 years required. However, where a child has spent more than 6 months out of the UK at any one time, this will normally count as a break in continuous residence unless any exceptional factors apply.

A child is a qualifying child if they are a British child who has an automatic right of abode in the UK, to live here without any immigration restrictions as a result of their citizenship, or a non-British citizen child, who has lived in the UK for a continuous period of at least the 7 years immediately preceding the date of application, which recognises that over time children start to put down roots and to integrate into life in the UK.
Page 49

https://assets.publishing.service.gov.u ... 2.0ext.pdf
Thanks for you reply.
So does this mean the 7 years starts when when came in with a VISITORS visa?

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CULLINAN
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Posts: 11124
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Re: FLR FP 7 Year Child rule absence query

Post by CULLINAN » Sat Jan 02, 2021 9:23 pm

Any time spent in UK with or without valid leave immediately preceding the date of application.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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