Munna2pk wrote: ↑Fri Nov 10, 2017 4:08 pm
My children are only 8 months far from 7 yrs rule.
Be aware that the 7 years rule does not mean that just because your children have lived in the UK for 7 years, that they will definitely get the right to reside in the UK. It must also be proven that it is not reasonable for the child to leave the UK.
Immigration Rule 276ADE wrote: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:
...
(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...
The Home Office must make an assessment (which itself is subject to judicial review) whether it is proportionate for the children to remain in the UK. The Court of Appeal have opined in a recent case that the child's interests must also be seen in the wider context of the public interest, also taking into account the parents' immigration history.
Paragraph 28 of MA (Pakistan) and Ors vs Upper Tribunal wrote:The decision maker must ask whether, paying proper regard to the best interests of the child and all other relevant considerations bearing upon the public interest, including the conduct and immigration history of the applicant parent or parents, it is not reasonable to expect the child to leave. The fact that the child has been resident for seven years will be a factor which must be given significant weight in the balancing exercise, but it does not otherwise modify or distort the usual article 8 proportionality assessment.
That test requires that where the parents have no right to be in the UK that is the basis on which the article 8 proportionality assessment must be made.
Also see Paragraph 48 of the judgment to see what factors are taken into account for the proportionality test taking into account the best interests of the child.
In the
Zoumbas case in 2013, the UK Supreme Court took into account the parents' "unedifying immigration history" in a case where the children were born in the UK and had never been to the country of origin of their parents. Like you, the parents had arrived in the UK and had applied for political asylum, but failed repeatedly. The UK Supreme Court dismissed the appeal against the Home Office's refusal to give leave to remain.
From your description of your immigration history, the children were neither born in the UK nor are they British citizens. Furthermore, from your description, the majority of your (and the children's) residence history in the UK has not been legally sanctioned. There is therefore a very high possibility that your children's FLR(FP) application after 7 years residence will also be turned down.
The best course of action that I would suggest is to either look at the possibility of returning to your country of origin or to move to a country more receptive to refugees, such as Germany or Canada.
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.
