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urgent family migrated in 2006 please help

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ray264
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Joined: Sun Dec 27, 2015 10:26 pm

urgent family migrated in 2006 please help

Post by ray264 » Sun Dec 27, 2015 10:43 pm

Hi guys I just need to ask quick question
So basically we migrated in August 2006 on a visit visa which expired in 2007 and then we lived without the visa. We are 6 members. My kids were 3, 8, 11 and 12 years old when they came in this country.
We applied for indefinite in 2013 and they refused it in 2015
The reason they gave us was that other 2 kids are old so we can't give them the indefinite but we can give the younger ones.
So now we have applied to the court and the hearing is in April

All my kids studied here

Can you please tell me if we are eligible for the indefinite

Cheers please help me

Obie
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Location: UK/Ireland
Ireland

Re: urgent family migrated in 2006 please help

Post by Obie » Sun Dec 27, 2015 11:37 pm

Did they issue ILR to some of you or not.

I don't think you will qualify for ILR.
Smooth seas do not make skilful sailors

secret.simon
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Re: urgent family migrated in 2006 please help

Post by secret.simon » Mon Dec 28, 2015 12:54 am

Living in the UK does not entitle you to ILR.

For the younger children, they may issue FLR for a period of 2.5 years, renewable four times. You could then get FLR on the basis of being their parents.

But ILR is atleast ten years (of legal residence) away, assuming that rules do not change in the meanwhile.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ray264
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Posts: 5
Joined: Sun Dec 27, 2015 10:26 pm

Re: urgent family migrated in 2006 please help

Post by ray264 » Mon Dec 28, 2015 12:16 pm

They didn't issue to no one yet because they were only giving it to my other 2 young kids but not the other 2 who are grown now
I don't mind if we don't get it but I need to know if all my kids can get it
One is under 18 and the rest are over 18.

iamnew
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Re: urgent family migrated in 2006 please help

Post by iamnew » Mon Dec 28, 2015 1:55 pm

[quote="ray264"]They didn't issue to no one yet because they were only giving it to my other 2 young kids but not the other 2 who are grown now

Is this something they have told you in writing or you only assuming?

ray264
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Posts: 5
Joined: Sun Dec 27, 2015 10:26 pm

Re: urgent family migrated in 2006 please help

Post by ray264 » Mon Dec 28, 2015 2:03 pm

They told us in the writing

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: urgent family migrated in 2006 please help

Post by Obie » Mon Dec 28, 2015 2:07 pm

I have never seen them do that.

The over 18 will qualify in their own rights if they are under 25 and have resided in the UK for half of their lives.

Given that they entered in 2006 and provided they are just under 19, they may well qualify .
Smooth seas do not make skilful sailors

ray264
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Re: urgent family migrated in 2006 please help

Post by ray264 » Mon Dec 28, 2015 2:35 pm

So you're saying that my kids will get the ilr ?

secret.simon
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Re: urgent family migrated in 2006 please help

Post by secret.simon » Mon Dec 28, 2015 3:09 pm

They will all be eligible for FLR for 2.5 years, renewable four times and will qualify for ILR after ten years of legal residence.

Given their age when they entered the country, their current age should be 12,17,20 & 21. The requirements for FLR are listed below;
276ADE (1). The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:

(i) does not fall for refusal under any of the grounds in Section S-LTR 1.2 to S-LTR 2.3. and S-LTR.3.1. in Appendix FM; and
(ii) has made a valid application for leave to remain on the grounds of private life in the UK; and
(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or
(v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.
Your youngest should get it under (iv) and all the others under (v), but this, as I mentioned above, is FLR, with ILR in ten years time.

If they are offering ILR for any child, I would suggest grabbing it while the offer is good.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ray264
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Re: urgent family migrated in 2006 please help

Post by ray264 » Tue Dec 29, 2015 8:16 am

Thank you so much

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