Flr fp and seven years children rule

Vidyashri · Post by **Vidyashri** » Wed Jul 26, 2017 12:14 am

Hi

I came to uk in 2012 with my husband and 8 years old daughter. My son was born in 2013 and he is 4.6 yrs and daughter is 13 years now. After my student visa I applied for tier 2 and it was rejected. We went for hearing and I lost appeal and even couldn't get the right for appealing to upper tribunal.
In Apr 2019 I believe I can apply for FLR Fp in my daughter's name as she studied here continuously 7 years?
So my question is , is there any option for me to buy some time till 2019 April or can I apply for the same now? (Though 1.6 years left)
Will I get the appeal right if I apply for FLR fp now?
Pls help..

Post by **Casa** » Wed Jul 26, 2017 8:14 am

Note:
"In policy terms, we would not propose a period of less than 7 years as this would enable migrants who entered the UK on a temporary route (for example a route limited to 5 years in the UK) to qualify for settlement if they had brought children with them. The changes are designed to bring consistency and transparency to decision-making."

Also read Case PD and Others (Article 8 : conjoined family claims) Sri Lanka [2016] UKUT 108 (IAC). which appears to be similar to your situation.
More is explained in this by Freemovement
https://www.freemovement.org.uk/can-chi ... residence/

Vidyashri · Post by **Vidyashri** » Wed Jul 26, 2017 9:00 am

[quote="Casa"]Note:
"In policy terms, we would not propose a period of less than 7 years as this would enable migrants who entered the UK on a temporary route (for example a route limited to 5 years in the UK) to qualify for settlement if they had brought children with them. The changes are designed to bring consistency and transparency to decision-making."

Also read Case PD and Others (Article 8 : conjoined family claims) Sri Lanka [2016] UKUT 108 (IAC). which appears to be similar to your situation.
More is explained in this by Freemovement
https://www.freemovement.org.uk/can-chi ... residence/[/

Thanks very much Casa..

But is there any suggestions how can I buy time till we reach 7 years please? If I apply now at the time 5th year and 7th month will they give appeal right,? Do u know any case who have applied on human rights grounds before reaching 7 years..

Wanderer · Post by **Wanderer** » Wed Jul 26, 2017 4:46 pm

7 years on it's own is not enough, the best interests of the child are considered and as children are considered adaptable it's no easy path.

Also as no one here appears to be British and you appear to be illegal I can't see it working out unless I'm missing some major details.

Vidyashri · Post by **Vidyashri** » Wed Jul 26, 2017 6:41 pm

Wanderer wrote:7 years on it's own is not enough, the best interests of the child are considered and as children are considered adaptable it's no easy path.

Also as no one here appears to be British and you appear to be illegal I can't see it working out unless I'm missing some major details.

Thanks very much wanderer !!

My daughter is 14 years and and will be abt 16 yrs when we apply for FLR fp.. So her age is very much important and she is almost settled here. If we go bk to our country she won't be able to continue her studies as the education system is entirely different and she doesn't have any clue abt the local language there. What all details u need pls?

Wanderer · Post by **Wanderer** » Wed Jul 26, 2017 6:54 pm

Vidyashri wrote:
Wanderer wrote:7 years on it's own is not enough, the best interests of the child are considered and as children are considered adaptable it's no easy path.

Also as no one here appears to be British and you appear to be illegal I can't see it working out unless I'm missing some major details.
Thanks very much wanderer !!

My daughter is 14 years and and will be abt 16 yrs when we apply for FLR fp.. So her age is very much important and she is almost settled here. If we go bk to our country she won't be able to continue her studies as the education system is entirely different and she doesn't have any clue abt the local language there. What all details u need pls?

Are you legal in the UK now?

Vidyashri · Post by **Vidyashri** » Wed Jul 26, 2017 8:07 pm

Wanderer wrote:
Vidyashri wrote:
Wanderer wrote:7 years on it's own is not enough, the best interests of the child are considered and as children are considered adaptable it's no easy path.

Also as no one here appears to be British and you appear to be illegal I can't see it working out unless I'm missing some major details.
Thanks very much wanderer !!

My daughter is 14 years and and will be abt 16 yrs when we apply for FLR fp.. So her age is very much important and she is almost settled here. If we go bk to our country she won't be able to continue her studies as the education system is entirely different and she doesn't have any clue abt the local language there. What all details u need pls?
Are you legal in the UK now?

We applied for tier 2 in 2014 October before expiring my student visa. But it was rejected and we were on appeal. Ftt was in 2016 Dec and we lost it. In Jan we applied for the permission to appeal to UTT but couldn't get, then directly requested to UTT, even that's not been considered.
So I hv 1.6 years more to complete 7 yrs in Uk (for my daughter too) human rights to be considered..
Just wanted to know how to stay till then at least to meet one criteria for Article 8.

I believe I'm not illegal?

Thanks in advance...

Post by **CR001** » Wed Jul 26, 2017 8:26 pm

I believe I'm not illegal?

Yes you are, since 2014 or expiry of your student visa. Why do you believe you are not illegal or an overstayer??

Why was your tier 2 refused?

Vidyashri · Post by **Vidyashri** » Wed Jul 26, 2017 8:46 pm

CR001 wrote:
I believe I'm not illegal?
Yes you are, since 2014 or expiry of your student visa. Why do you believe you are not illegal or an overstayer??

Why was your tier 2 refused?

Sorry, as per my limited knowledge I was thinking as we were on appeal , and the decision was pending we were legal..Isn't so?

Visa was rejected as cos was a bad quality one.

Post by **Casa** » Wed Jul 26, 2017 8:52 pm

Submitting a f a k e COS will have weakened any application to remain considerably.

Have you read through the link to the Freemovement article I posted earlier, or looked up the Case reference? I can't see that there is any way to fill the gap to your child's 7 years of residence and in my honest opinion, even then your situation doesn't look positive in the circumstances.

Post by **CR001** » Wed Jul 26, 2017 9:12 pm

Vidyashri wrote:
CR001 wrote:
I believe I'm not illegal?
Yes you are, since 2014 or expiry of your student visa. Why do you believe you are not illegal or an overstayer??

Why was your tier 2 refused?
Sorry, as per my limited knowledge I was thinking as we were on appeal , and the decision was pending we were legal..Isn't so?

Visa was rejected as cos was a bad quality one.

You stated that you had exhausted your appeals and that the UTT would not consider your request for permission. To be honest, trying to appeal when you used a f a k e CoS is pointless, it is deception in the eyes of HO. Whoever your 'sponsor' was back then, is long gone now probably so a Tier 2 appeal or visa based on that will not be of any benefit.

Vidyashri · Post by **Vidyashri** » Wed Jul 26, 2017 9:14 pm

Casa wrote:Submitting a f a k e COS will have weakened any application to remain considerably.

Have you read through the link to the Freemovement article I posted earlier, or looked up the Case reference? I can't see that there is any way to fill the gap to your child's 7 years of residence and in my honest opinion, even then your situation doesn't look positive in the circumstances.

Yes, Casa
Thanks for the info..I have gone through the link and understood the scenario..
But as per human rights the children's best interest should be considered rt? In that will the parents status or history will affect them,?

Post by **Casa** » Wed Jul 26, 2017 9:36 pm

An appeal court Judge will balance the parents disregard for the Immigration Rules (including deception in previous applications) with the best interests of the child.

Vidyashri · Post by **Vidyashri** » Wed Jul 26, 2017 9:47 pm

CR001 wrote:
Vidyashri wrote:
CR001 wrote:
I believe I'm not illegal?
Yes you are, since 2014 or expiry of your student visa. Why do you believe you are not illegal or an overstayer??

Why was your tier 2 refused?
Sorry, as per my limited knowledge I was thinking as we were on appeal , and the decision was pending we were legal..Isn't so?

Visa was rejected as cos was a bad quality one.
You stated that you had exhausted your appeals and that the UTT would not consider your request for permission. To be honest, trying to appeal when you used a f a k e CoS is pointless, it is deception in the eyes of HO. Whoever your 'sponsor' was back then, is long gone now probably so a Tier 2 appeal or visa based on that will not be of any benefit.

Thanks Cr001

Vidyashri · Post by **Vidyashri** » Wed Jul 26, 2017 10:47 pm

Casa wrote:An appeal court Judge will balance the parents disregard for the Immigration Rules (including deception in previous applications) with the best interests of the child.

Oh .. I see..
I didn't intentionally apply fake cos but the company issued it after conducting the interview, here I was innocent. I know it's not an excuse, but I hv to stay back anyway here , we r not in a position to go back.
I will seek what all the way I and my family can survive, even if we hv to go for 20 years route!!.

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Flr fp and seven years children rule

Flr fp and seven years children rule

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Re: Flr fp and seven years children rule

Re: Flr fp and seven years children rule

Re: Flr fp and seven years children rule

Re: Flr fp and seven years children rule