Calculation of 7 years continuous residence by a child

[koolkate]

Hi
I'm new to this forum and not sure if I'm posting this question in the correct area.

Mine is regarding an FLR (FP) application which was made almost 9 months ago with no decision made yet. Below is a summary.

6/Sep/2016 - Posted FLR(FP) application to home office
23/Sep/2016 - Received acknowledgement from home office saying it'll take more than their usual timescales as the application 'raised issues relating to the European Convention on Human Rights which are complex in nature'.
15/Dec/2016 - Biometrics done

April/ 2017 - Requested local MP to check on the matter and he has received a similar response that Home office cannot give a timescale and that they'll let me know as soon as a decision is made.

It's been almost 9 months since the application now.

I just want to know if anyone has had similar experiences with extreme delays and if anyone has any idea how much long they'll keep me waiting.

Thanks

Hi, my case is also 7 years child concession and we got a refusal same as yours about 3 weeks ago after a long 2 year wait. Did yoi hear anything back yet?

[vsoma]

Hi, my case is also 7 years child concession and we got a refusal same as yours about 3 weeks ago after a long 2 year wait. Did yoi hear anything back yet?
[/quote]

Hi
Our refusal came after 1 year. We filed the appeal forms within 14 days and received the acknowledgement from the Courts last week. Waiting for a hearing date now. From what my solicitor says it'll take a few months for us to get one.

[Idriss1984]

Any one got his visa
People who applied on 03/01/17
Any good news??
Still waiting

[vsoma]

to be honest, most of the flrfp refusals are copy and paste, same thing they write for everyone. I believe the short holidays don't count, that must have been an error by HO which you should raise in your appeal. I have recently gone through flr(fp) appeal 7 year route which was successful by God's grace. My child had previously been out of the country too a few times for short holidays which didn't count against him. We also own our home and the judge mentioned this in our favour in the determination, you have a strong case which you will most likely win in appeal. My case is very much similar to yours, except for the fact my child was born in the UK and our barrister mentioned at the hearing that he would be able to register as a british citizen next year as an entitlement as he will turn 10 next year.

Thanks doubledee for the positive comments! I too am hoping the judge will show some compassion towards us at the hearing.
How long did you wait for a hearing date? My solicitor is filing the appeal papers this week. Just wondering how long I'll need to wait before a date!

The appeal date came exactly 1 year after and the appeal date was then 4 months after that. To be honest your case is better than mine on 2 fronts, one being I applied slightly before my son turned 7, so we were outside the rules, you are within the rules, also your child is now older as the first 7 years don't count as much as older 7 years (e.g. age 4 - 11 is stronger than 0-7). So don't stress too much, most of those things you listed are exactly what we listed as insurmountable and it was accepted perfectly, the language one was a main one, that he did not understand and couldn't speak the local language and we stated how that would affect his education back home as he won't be able to go grassroot ^normal^ schools as local language is needed, we stated that the alternative was to go to top private schools which were expensive and couldnt afford. We presented a few emails from those schools to show the high amount of school fees , to be honest the judge made no mention of those at all at both hearing and determination. He even mentioned that taking away my child from his friends at his age he had already formed friendships would be an obstacle. Most people think its difficult to prove insurmountable, not really. 7 year child cases have a very high success rate at appeal from what i gather. You are quite lucky you got an appeal, not every one does, it's just the waiting time is quite unbearable. Our length of stay was also mentioned in the determination and the fact that we entered legally, all those would go in your favour as well. Get a good solicitor/barrister and put your faith in God.

Hi Doubledee

My appeal is coming up in 3 weeks time and my solicitor has just started asking for more documents. E.g he wants letters from my son's friends' parents, teachers, clubs etc..
Just want to know the type of documents that you provided? Do you have lot of family here who also gave letters?

[lippo]

Hello@VSoma

Could you please share your experience about your appeal and the outcome. We are also in the same situation like yours. It may be helpful for us and many others in a same situation.
Thanks

[adesuwa]

Hi Doubledee

My appeal is coming up in 3 weeks time and my solicitor has just started asking for more documents. E.g he wants letters from my son's friends' parents, teachers, clubs etc..
Just want to know the type of documents that you provided? Do you have lot of family here who also gave letters?

Any updates Vsoma ?

[KVee]

to be honest, most of the flrfp refusals are copy and paste, same thing they write for everyone. I believe the short holidays don't count, that must have been an error by HO which you should raise in your appeal. I have recently gone through flr(fp) appeal 7 year route which was successful by God's grace. My child had previously been out of the country too a few times for short holidays which didn't count against him. We also own our home and the judge mentioned this in our favour in the determination, you have a strong case which you will most likely win in appeal. My case is very much similar to yours, except for the fact my child was born in the UK and our barrister mentioned at the hearing that he would be able to register as a british citizen next year as an entitlement as he will turn 10 next year.

Thanks doubledee for the positive comments! I too am hoping the judge will show some compassion towards us at the hearing.
How long did you wait for a hearing date? My solicitor is filing the appeal papers this week. Just wondering how long I'll need to wait before a date!

The appeal date came exactly 1 year after and the appeal date was then 4 months after that. To be honest your case is better than mine on 2 fronts, one being I applied slightly before my son turned 7, so we were outside the rules, you are within the rules, also your child is now older as the first 7 years don't count as much as older 7 years (e.g. age 4 - 11 is stronger than 0-7). So don't stress too much, most of those things you listed are exactly what we listed as insurmountable and it was accepted perfectly, the language one was a main one, that he did not understand and couldn't speak the local language and we stated how that would affect his education back home as he won't be able to go grassroot ^normal^ schools as local language is needed, we stated that the alternative was to go to top private schools which were expensive and couldnt afford. We presented a few emails from those schools to show the high amount of school fees , to be honest the judge made no mention of those at all at both hearing and determination. He even mentioned that taking away my child from his friends at his age he had already formed friendships would be an obstacle. Most people think its difficult to prove insurmountable, not really. 7 year child cases have a very high success rate at appeal from what i gather. You are quite lucky you got an appeal, not every one does, it's just the waiting time is quite unbearable. Our length of stay was also mentioned in the determination and the fact that we entered legally, all those would go in your favour as well. Get a good solicitor/barrister and put your faith in God.

Hi Doubledee

My appeal is coming up in 3 weeks time and my solicitor has just started asking for more documents. E.g he wants letters from my son's friends' parents, teachers, clubs etc..
Just want to know the type of documents that you provided? Do you have lot of family here who also gave letters?

vSoma - hope your case went well. What documents did you finally submit?