flr fp appeal

[harcourt 360]

Hello everyone , trust we are all in good health , please i need some advice , am new in this forum . my son turned 10 in march although he was born here in the uk , he left the uk for about 10months , please are we still able to register him as a british citizen ? or do we wait till he's 11years old to counter the period he spent outside the uk
we are non eu family , my son is 10 years plus , my daughter is 8 . we have overstyed since 2007 , but have always sought out ways to regularize our status. we have presently put in an flr fp application .
please your advice is very much needed

[Obie]

10 months is a very long period and may break his continuous 10 years residence.

Did he have leave when he left and when he returned?

[vinny]

Unfortunately, an absence over 90 days may also break 1(4). However, there is some discretion under 8.4.

[harcourt 360]

Thank you obie and vinny for your response , he left in june 2006 and returned in march 2007 .
i was thinking if we applied when he becomes 11 years old it will counter the periodbhe left the uk .
I am so confused now .

[vinny]

I don't think that waiting will affect the child's entitlement to register. I think it would depend on why your son was absent beyond the limit, and whether they would use discretion in his favour. If he isn't entitled to register, then his registration may be subject to discretion under 3(1). This may be difficult as the immigration status of both parents and child may be taken into consideration.

Under the 10 years Long residence, he would require 10 years continuous legal residence. An absence of over six months normally breaks the requirement, unless they are able to use discretion in his favour. Moreover, if he has overstayed for longer than 28 days, then it's unlikely for him to succeed.

[Obie]

I concur with your view vinny, things does not look very good for OP, unless there are compelling reasons for the absence.

[harcourt 360]

Thanks vinny and obie for your valuable contribution . i guess i just have to try and see and hope discretion is used . please a 2nd question since my kids has spent all their lives here do you think flr fp can be granted. My son is 10years old and my daughter 8. Do you guys think we have any prospects of been granted?

[vinny]

Child being in the UK for at least seven years is a starting point.

[harcourt 360]

Hello everyone, so after about 7 months my flrfp application has been refused. i honestly dont know what to say or do .i have been given a right of appeal .my kids are 10 and 8 . my son will be 11 in march next year and my daughter 9 in august next year . please help me guys what are my chances . I am heart broken .

[Obie]

I can understand you must be heartbroken.

I think you should file an appeal, but the fee has gone up for an appeal, to £800, so you must try and apply to the Lord Chancellor to grant a waiver.

[harcourt 360]

Thanks obie for taking out time to answer me .please doesthat that mean the appeal will be £800x 4 since we are a family of 4 .
And i just heard the waiting time is about a year for appeal now . is it possible to expidite the hearing date? should i apply as a single parent instead of appealing ? i just dont know where to start from hence the many questions , i apologise for the many questions please .

[Obie]

They are most likely to refuse again, and this time there will be no right of appeal, as the government will be withdrawing appeal rights from December.

Your best bet to succeed is appeal, unless there is a British Child.

[harcourt 360]

Hello everyone , my flr fp application was refused 2016 september , i lodged an appeal september 2016 its been 8 months still no date for the appeal . Any idea how long it takes to get a date?

[Casa]

It can take 12 months or more.

[Obie]

Latest reports indicates that it could take up to 83 weeks.

[harcourt 360]

Latest reports indicates that it could take up to 83 weeks.

83 weeks my goodness !!! this is totally insane . making a fresh application will be even better .

[Casa]

Latest reports indicates that it could take up to 83 weeks.

83 weeks my goodness !!! this is totally insane . making a fresh application will be even better .

Yes, it would.

[Obie]

I never knew I will find myself recommending paper appeal, but at the moment in all cases, save for credibility, allegation of Forgery or deception and marriage of convenience, I am finding my self recommending and switching my appeals to paper, as it seems to have a much shorter turnaround of 4 months.

[harcourt 360]

Is it possible to switch from oral to paper appeal now ?.and what is the sucess rate since one is not there to defend his or herself . Sorry for the many questions , am.hoping to start uni by september so trying to sort this out .

[Obie]

It depends on the complexities of your case.

I find it much advantageous from appellant point of view, if their cases are straight forward.

I have had no refusal on papers yet, but this is because there is no complexities in the cases i put forward.

[CR001]

Topics merged so that members responding have the full details of your case.

[harcourt 360]

Hi everyone so after waiting for almost 10 months to get an aapeal date , we got one that was suppose to be on the 19th of sept, last friday we got a letter stating appeal has been adjourned and will be sent a new date later . my kids are 11 years and 6 months and my daughter is 9years and 1 month .My son is now in secondary school .my dauggter qualifies for citizenship next.
Any idea how long i need to wait again to get another date? thank you

[harcourt361]

Hello everyone happy new year all, its me harcourt 360 could not log on so i created a new account .We finally had our appeal in dec and its has been allowed .its about 20days now called the tribunal and they said ho did not challenge the decision .please how long before we get brp. its been 9 years of trying to regularize our status thanks obie for all ypur advice , you are appreciated .

[Waitinglong]

Congratulations! Must be a big relief for you.

Usually HO sends implementation letter within 3-4 weeks and another 2-3 months to get BRP. Hopefully you will not have to wait too long.

[harcourt361]

Am.over the moon , glad its all.over i hope i get brp and my documents soon .