FLR(FP) Application Refused - 7 year child applications and parents

[hopeforwk]

Hello,

Flr (fp) applied 29/11/2016 on basis of 7 year ,child born in the UK ,age at the time of application 7 years 8 month,applied as a family ,Parents didn't had status

Refused 22 Sept 2017 after almost 10 months...With Right of Appeal,child will be eligible to register as British citizen in 1 year 4 months time....

Please advise if there are chances for the appeal to be successful or should we consider submitting a new (Flr fp) application.To wait another 1 1/2 year sounds very daunting.

[CR001]

What were the reasons for refusal?

[hopeforwk]

What were the reasons for refusal?

Its a long refusal i am just mentioning the important points!

All the refusals look similar apart from my sons the only difference is under the eligibility section where he has spent more than 7 years and is under 18 but they say it would be reasonable for him to leave as both the parents would and will have imparted some knowledge of their home country including customs , culture upon the child , therefore it is accepted that the child would be able to integrate back home with some guidance...," consequently you fail to meet the requirements of paragraph 276ADE".

Consideration has been given under exceptional circumstances but we don't qualify for that, according to them

They say
"It is generally accepted that best interest of child are best served by that child remaining with the parents "

"Your child is not old enough to have started to study towards a recognised qualification or have developed any skills which are not transferable"

"Parents speak their mother tounge and can teach the language to the child , hence it would not be difficult for the child to adapt the language"

My child has his first cousins and family settled in the UK but they think these relationships can be maintained via modern means of communication.Also the extra curricular activities he is involved in can be practiced when he is returned.

They say there may be a degree of disruption but it is proportionate to maintain effective immigration control.

[Wanderer]

What were the reasons for refusal?

Its a long refusal i am just mentioning the important points!

All the refusals look similar apart from my sons the only difference is under the eligibility section where he has spent more than 7 years and is under 18 but they say it would be reasonable for him to leave as both the parents would and will have imparted some knowledge of their home country including customs , culture upon the child , therefore it is accepted that the child would be able to integrate back home with some guidance...," consequently you fail to meet the requirements of paragraph 276ADE".

Consideration has been given under exceptional circumstances but we don't qualify for that, according to them

They say
"It is generally accepted that best interest of child are best served by that child remaining with the parents "

"Your child is not old enough to have started to study towards a recognised qualification or have developed any skills which are not transferable"

"Parents speak their mother tounge and can teach the language to the child , hence it would not be difficult for the child to adapt the language"

My child has his first cousins and family settled in the UK but they think these relationships can be maintained via modern means of communication.Also the extra curricular activities he is involved in can be practiced when he is returned.

They say there may be a degree of disruption but it is proportionate to maintain effective immigration control.

Hard to argue against...

[doubledee]

What were the reasons for refusal?

Its a long refusal i am just mentioning the important points!

All the refusals look similar apart from my sons the only difference is under the eligibility section where he has spent more than 7 years and is under 18 but they say it would be reasonable for him to leave as both the parents would and will have imparted some knowledge of their home country including customs , culture upon the child , therefore it is accepted that the child would be able to integrate back home with some guidance...," consequently you fail to meet the requirements of paragraph 276ADE".

Consideration has been given under exceptional circumstances but we don't qualify for that, according to them

They say
"It is generally accepted that best interest of child are best served by that child remaining with the parents "

"Your child is not old enough to have started to study towards a recognised qualification or have developed any skills which are not transferable"

"Parents speak their mother tounge and can teach the language to the child , hence it would not be difficult for the child to adapt the language"

My child has his first cousins and family settled in the UK but they think these relationships can be maintained via modern means of communication.Also the extra curricular activities he is involved in can be practiced when he is returned.

They say there may be a degree of disruption but it is proportionate to maintain effective immigration control.

Yes very high success rate in appeal, i have just gone through the same, the refusals are copy and paste. I will find post the link so I don't have to type it all again. Don't reapply. You will most likely win in appeal, you might even register your child as British Citizen before the appeal as appeal waiting times are currently so long.

[doubledee]

See my own case below:

immigration-for-family-members/flr-fp-7 ... 39337.html

and you can also read my comments towards the bottom of this link below

immigration-for-family-members/calculat ... l#p1540115

[hopeforwk]

Thank you so much Doubledee for your response , I have read through all of it , I found it all very helpful and encouraging .

I would also like to ask ...

Were there any other crucial points in you appeal (apart from the ones you have already mentioned) on the grounds of which you think your appeal was successful ?

Would I be able to register my child as a British citizen whilst the appeal is pending ? as i have heard that you cant submit 2 applications simultaneously ?



I am not sure how I will manage to spend this time waiting for my hearing date....

Many thanks in Advance!!

[hopeforwk]

See my own case below:

immigration-for-family-members/flr-fp-7 ... 39337.html

and you can also read my comments towards the bottom of this link below

immigration-for-family-members/calculat ... l#p1540115

Thanks Doubledee could you please shed some light on the questions I have asked above.....Thanks

Also if any other helpful member can advise if a child can be registered as British citizen at the age 10 while there is an appeal pending or do you have to withdraw the appeal and then apply to register the child as British National Please advise.

What are the strong grounds on which an appeal can be or have been successful in the court in relation to 7 year child case? please advise..Many thanks

[CR001]

Appeals under the immigration rules are completely separate to Nationality laws.

[doubledee]

Thank you so much Doubledee for your response , I have read through all of it , I found it all very helpful and encouraging .

I would also like to ask ...

Were there any other crucial points in you appeal (apart from the ones you have already mentioned) on the grounds of which you think your appeal was successful ?

Would I be able to register my child as a British citizen whilst the appeal is pending ? as i have heard that you cant submit 2 applications simultaneously ?



I am not sure how I will manage to spend this time waiting for my hearing date....

Many thanks in Advance!!

Yes you can register your child as a British Citizen while appeal is pending, I know a few people who did that and to be honest you are better off your appeal date is after that, as you can win the appeal just on the singular reason that it is not reasonable for a British child to leave the UK.

Regarding my own appeal, to be honest i was only asked 3 questions, my husband was interviewed before me whilst I was asked to wait outside:
- HOPO (Home Office Presenting Officer) said, I understand your mother has been to this country before and your son has met her, I answered Yes
- She then asked what is the relationship between my mum and my son, I said he knows her, but nothing more, they don't really understand each other due to different English accents
- She asked if I ever tried teaching my son the native language, I said "not really", she said what do I mean by that, I said he didn't really speak very well until about 4, I was keen for him to just be able to speak, learning the local dialect was the last thing on my mind at the time.
- She then said my parents and inlaws should be able to support us back home - I said they can't and even rely on us to send money to them from here.

That was it.

All the best with your case.

[hopeforwk]

Appeals under the immigration rules are completely separate to Nationality laws.

Thanks CR001 & Doubledee your replies are very helpful !!

[problem1]

what are the qualification you need to register your child as British citizen, child needs to born in the uk? OR
If the child is born in non EU country and lived in the Uk for more than 7 yrs are they eligible. please expalin

[hopeforwk]

Respected Members.....Kindly advise...

Appealing against HO decision of refusing 7 year child application.

1.Do we submit any supporting documents at the time of appeal ?

if so then

2.When submitting an appeal and providing grounds of appeals do we have to submit any new evidence we may have gathered since the date we submitted our application or do we provide evidence from the documents we used at the time of application ?

3.At the time of hearing will the court accept any new evidence in order to support our grounds of appeal if we have not submitted any evidence at the time of appealing ?


How does it work .....please advise

Many thanks for your time !!

[wakhra]

See my own case below:

immigration-for-family-members/flr-fp-7 ... 39337.html

and you can also read my comments towards the bottom of this link below

immigration-for-family-members/calculat ... l#p1540115

Hi
I want to apply on basis on my child 7 year basis, did you submit social worker report with your application , My solicitor is suggesting that i should get a social worker report which is extra money and the application by itself is so expensive.My child is 9.5 years ..help please

[CR001]

Hi
I want to apply on basis on my child 7 year basis, did you submit social worker report with your application , My solicitor is suggesting that i should get a social worker report which is extra money and the application by itself is so expensive.My child is 9.5 years ..help please

This is not a general discussion topic. Please start your own topic with your circumstances rather than tagging onto another members thread, which is considered rude, creates confusion when members respond and is unfair to the original poster.

[wakhra]

Hi
I want to apply on basis on my child 7 year basis, did you submit social worker report with your application , My solicitor is suggesting that i should get a social worker report which is extra money and the application by itself is so expensive.My child is 9.5 years ..help please

This is not a general discussion topic. Please start your own topic with your circumstances rather than tagging onto another members thread, which is considered rude, creates confusion when members respond and is unfair to the original poster.

Apologies for that ...Thanks for pointing out my mistake , Ill start my own topic...

[hopeforwk]

Respected Members.....Kindly advise...

Appealing against HO decision of refusing 7 year child application.

1.Do we submit any supporting documents at the time of appeal ?

if so then

2.When submitting an appeal and providing grounds of appeals do we have to submit any new evidence we may have gathered since the date we submitted our application or do we provide evidence from the documents we used at the time of application ?

3.At the time of hearing will the court accept any new evidence in order to support our grounds of appeal if we have not submitted any evidence at the time of appealing ?


How does it work .....please advise

Many thanks for your time !!

Could someone please advise on the above matter ....thanks

[Wise]

Are doing it yourself of what? because your Lawyer should be able to tell you these.

[koolkate]

Hello,

Flr (fp) applied 29/11/2016 on basis of 7 year ,child born in the UK ,age at the time of application 7 years 8 month,applied as a family ,Parents didn't had status

Refused 22 Sept 2017 after almost 10 months...With Right of Appeal,child will be eligible to register as British citizen in 1 year 4 months time....

Please advise if there are chances for the appeal to be successful or should we consider submitting a new (Flr fp) application.To wait another 1 1/2 year sounds very daunting.

Hi, we basically got the same answer as you at the same time however it took them 2 years to answer us. Did you hear anything back? Our case is the same, the only difference is that my son is 18 now but was 16 at the time of application.

[hopeforwk]

Update

Appeal submitted 2 weeks ago,Received an email with an acknowledgement letter and fee was also deducted 3 days after I received the email which was a surprise to me as I have heard that it takes up to 4 months for the appeal fee to be taken out and for a hearing date..

Board Members Please advise ..

Can some one please shed some light as to how long is it taking now a days for an appeal date / hearing date from the date of application submitted..I have heard that the process it is taking a lot less time then before..

[koolkate]

Update

Appeal submitted 2 weeks ago,Received an email with an acknowledgement letter and fee was also deducted 3 days after I received the email which was a surprise to me as I have heard that it takes up to 4 months for the appeal fee to be taken out and for a hearing date..

Board Members Please advise ..

Can some one please shed some light as to how long is it taking now a days for an appeal date / hearing date from the date of application submitted..I have heard that the process it is taking a lot less time then before..

Did you recieve any response ? We still didn't get a date yet.

[pragup123]

Hi, knowledge of your case and an update would be valuable for a lot of people who are in the same boat as you. Will appreciate if you can please provide an update. Thank you

[Kandamaya11]

From experience, your appeal will succeed if you present your case well. Solicitor or no Solicitor. Assist your solicitor in preparing your bundle. I didn't use a solicitor because I couldn't afford one.

Prepared bundle by myself. If mine could succeed without solicitor, then yours could succeed with solicitor if your case is well presented and argued.

As long as you have no terrible immigration history and criminal record.

The most important factors that determines the success of the appeal are:
Ability to present your case well, why it is unreasonable to remove you.
Applying relevant case laws in support of your reasons to remain in the UK.
Arguing why public interest does not require your removal using immigration rule as expressed by Parliament.

Reasonable Test :
1. Reasons why it is unreasonable for child to be removed.
2. Evidence of social, cultural ties to UK.i.e Letters from child's friends, relatives, school, church, mosque, extracurricular activities.
3. Having no links to parents country of origin.
4. Medical report if any.
5. Sometimes not being able to speak parents local dialect.

Parent :
1. No criminal records.
2. Not too poor or terrible immigration history.

Case Laws:
1.MA Pakistan....most important.
2. Azimi Moayed .
3. MM Uganda
4. Zoumbas
5.LD 2010 UKUT 278
6. PD Sri Lanka

Immigration Rules and IDI:
1. 276 ADE (iv).
2. Section 117 (6) B.
3. IDI on 7 years rule.

Summary:
1. Judge will look at reasons why it is unreasonable for your child to be removed.
2. Judge will apply the reasonable test. (look it up)
3. Judge will apply proportionality test. (look it up)
4. Judge will weigh your reasons to stay against home office decision to remove you. (Public Interest- Effective Immigration Control Vs Your Interest- To remain in the UK ).
5. If your have very terrible immigration history and criminal record that may likely tip the balance in favour of home office. (That could be the powerful or countervailing reason needed to remove you).
6. If your immigration history is poor but not that terrible and you have no criminal record then the balance may tip in your favour and against home office Refusal.
7. If you present why it is unreasonable properly and support with evidence then you are most likely to succeed with appeal provided No.6 does not apply to you.
8. The moment Judge agrees with your reasons why it is unreasonable, that is when section 117(6) will apply in your favour.

As long as you are not liable to Deportation, then the public interest does not require your removal if:
a. You have a qualifying child.
b. You have subsisting parental relationship with your child.
c. Judge has agreed in principle that it is unreasonable for child to be removed.
Any attempt to remove you and your family will not be in accordance with Article 8. And there will be no reasons to justify removal.
9. Your appeal succeeds.
It is not hard to prove 8a and 8b, most applicants already satisfy that criteria. 8c is what you need to present properly with as much evidence as possible, a good witness statement. Most importantly.. PRAYERS.
10. This is a guide and not a professional advise. I have no legal experience. If it worked for me then it can work for you.
All I have written are based on my single, humble experience and reading successful appeals regarding 7year rule that can be found on tribunal decisions website.

Good luck.

[hopeforwk]

Update !!!!

Thank you so Much to all the Administrators/Moderators and Members !! (This forum is really helping people with their immigration problems)

Thanks to Doubledee and kandamaya11 for their helpful posts information which really helped , Guys your feedback was invaluable , Thanks a lot!!

Appeal allowed march 2018 on the basis of exceptional circumstances , BRP cards received in May 2018!!!

[hopeforwk]

They granted us leave me and my wife on the basis of 10 year Parent route whilst to my child on 10 year private life route we applied on 10 year private life route on the basis of my 7 year old child is this correct ( both parents were without any status at the time of application) , please advise ?

Many Thanks in ADVANCE!!!