flr(fp) 7 year child appeal success - applied before child turned 7

[doubledee]

Glory to God, our FLR(fp) appeal Private Life - 7 year child was granted.

We applied in Nov 2015, about 6 weeks before our first child turned 7. We had to because we didn't want to break our continuous residence, after my ILR refusal. The application was refused but we were given in-country right of appeal in Mar 2016. The appeal was heard in Aug 2017 and at the time my child was over 8.5 years. The appeal was allowed, the hearing was actually very quick as the judge said the only thing up for consideration was the Reasonableness test, whether it was reasonable for the child to return. We are both non-EU parents who entered legally and we have bought our own home, the judge mentioned this in our favour. After the appeal was granted, HO was given 14 days to appeal the decision, but they didn't. Now awaiting our documents. HO told us this will be within 3 months.

[doubledee]

I applied for ILR Tier 1 in 2015, I was employed throughout my 5 year qualifying period, but on the day of the appointment, the caseworker spoke to me and said my 2010 tax details didn't match up from the data received from hmrc, she placed the application on hold. In Oct 2015, I received a refusal. I had applied with my husband as my dependant. I have 2 children who were also dependants at the time, but i didn't apply for them as my intention was just to apply for citizenship after my ILR.

When I received the refusal, it was a terrible time for me as I wasn't aware that my employer in 2010 hadn't paid accurate tax. I was refused under section 322 (2) - but not 322(5). Not entirely sure what the difference is. I did admin review, same response. At the time, I didn't realise i could do a jr and apply at the same time, my solicitor adviced me to apply for flr(fp) as my first child was almost 7 years but was short of about 2 months. We applied as a family within 14 days.

The application was refused in Mar 2016 with in country right of appeal. The homeoffice didn't mention at all about my previous ilr in the flr(fp) application and under the suitability criteria, they did write that i passed the suitability test. In March 2017, i clocked 10 years.

We had the appeal in Aug 2017, my child now over 8.5 years, the appeal was very brief, i was in for only about 5 mins, again no mention made of previous application, only about if it was reasonable to expect my child to return. Please note my child had visited my home country before when he was 4 for a few weeks, this went slightly in our favour as he presented his experience to the judge (via pre-recorded video) and mentioned things he didn't like about the country. Also judge mentioned that we owned our home and entered legally were in our favour.

The appeal was allowed. HO was given 14 days to challenge the decision but they didn't. I am grateful to God, been a very tough period but God is indeed faithful.

[CR001]

There is no need to post multiple posts across the various sub forums.

Also, you need to be clear on what was allowed in the appeal, ILR or FLR(FP) and stick to one topic please.

immigration-for-family-members/flr-fp-7 ... l#p1534332

[doubledee]

There is no need to post multiple posts across the various sub forums.

Also, you need to be clear on what was allowed in the appeal, ILR or FLR(FP) and stick to one topic please.

immigration-for-family-members/flr-fp-7 ... l#p1534332

I think I was pretty clear in my title and post that it was flr(fp) appeal success. I posted in both forums as I think people visit different sub-forums for different reasons. I have tried to delete my post, but I can't figure out where to. Please delete my post. thanks

[CR001]

Topics merged in the Family immigration sub forum.

[adesuwa]

Glory to God, our FLR(fp) appeal Private Life - 7 year child was granted.

We applied in Nov 2015, about 6 weeks before our first child turned 7. We had to because we didn't want to break our continuous residence, after my ILR refusal. The application was refused but we were given in-country right of appeal in Mar 2016. The appeal was heard in Aug 2017 and at the time my child was over 8.5 years. The appeal was allowed, the hearing was actually very quick as the judge said the only thing up for consideration was the Reasonableness test, whether it was reasonable for the child to return. We are both non-EU parents who entered legally and we have bought our own home, the judge mentioned this in our favour. After the appeal was granted, HO was given 14 days to appeal the decision, but they didn't. Now awaiting our documents. HO told us this will be within 3 months.

so are you on the 10 year 2.5 x 4 route now ?

What is your home country if i may ask ?