FLR(FP) 7 YEARS ROUTE HOW MANY APPLICATION NEED TO FILL

[problem1]

Dear All,
I have a dilemma and I hope you all could help me.
I came to the UK in September, 2008 for my studies and I returned to my country after I finished my 1st semester (after 3 months of being here). I went back to my country due to my mother's health issues and there was no one to look after my young daughter. During the time I stayed in my country, I did my dissertation as I was allowed to by my university. After 9 months, I returned to the UK with my family; after two months of returning, I applied for a 10 month extension. I finished my 2nd Semester and dissertation and I managed to graduate with my batch mates.

After PSW I applied for Tier 1 Entr. Visa, which got rejected; I appealed and managed to win the case. My business is not doing well but I paid all the taxes to HMRC , however I failed to give 2 jobs and spend all £50,000. However, my daughter is completed her 7 years in the UK, I was thinking of applying from her FLRO FP as she is 16 ½ years old. Sat for her GCSE last may awaiting Results.

When I met a solicitor he advised me to apply for the T1 extension and next year, after August, apply for 10 yrs. But my issue with that is the fact that I was in my country for 9 months and I don't qualify for the extension as I have not given 2 jobs. This is purely to get some time
I told him I am going to apply for 7 years to which he pointed out it will take another 10 years for me to get my citizenship. We will get visa for 2 ½ years and it will take another 10 years to get our citizenship, because I switched my visa category from Tier 1 Ent. to FLROFP.

Can you please tell me what the best option for me right now is:
1. Apply for Article 8 with my daughter
or
2. Apply for the extension, qualifying for the 10 years (keeping in mind that I was in my country for 9 months due to my mother's bad health)

I would highly appreciate any advice you're willing to provide,
Thank you

[zimba]

1. Apply for Article 8 with my daughter

It is very difficult to get a visa granted under the so called 7 years rule. Home office probably argue that your child is expected to remain with you and can move to your country. Very few applications have been granted under this

2. Apply for the extension, qualifying for the 10 years (keeping in mind that I was in my country for 9 months due to my mother's bad health)

You have broken your continuous period of stay as you were absent for more than 6 months. Again it will be very very difficult to argue that it was an exceptional circumstance to qualify for 10 year residence.

[problem1]

Thank you Zimba88!
yeha he told me this too i will be covering my 10 years in 2018 if my leave to my country is considered as a reasonable reason or in 2019. I was under impression if i can get 2 1/2 yrs with my daughters case i will be qualifying for 10 yrs? or i have to go for the appeal process which take me more timing and this will cover my 10 yrs in this country, what is your advice

[zimba]

The problem is you do not have 10 years lawful residence as I explained above. Even if you go through appeal, you don't have a strong 10 year ILR case

[problem1]

Thanks Zimba for much appreciated your advice I am clueless what to do? What is your best advice? also i found out few changes for article 8 is it effecting us with badly, sorry I am asking so many questions

[marcnath]

When was your Visa granted and when is it due for extension ? Are you still carrying on with your business ? If so, can't you meet the employment criteria before renewal ?

[problem1]

Thank you no i don't much timing to create 2 jobs. Unfortunately I don't have qualified people for do so, that is why this problem

[problem1]

i need to know what is the best option please help meeee

[ouflak1]

From what you've posted, it seems like the best option is to move back to your home country and go on with life there. That may not be what you want to hear, but if you start planning for that option now, it will be a far easier transition for you and your family. Also, it will be far cheaper and less stressful than hopeless visa applicatins where you won't be allowed to work for the most part (I'm making some assumptions about how a failed extension would play out). The UK just doesn't seem to have worked out for you.

Just to elaborate a bit on the seven years child visa, the spirit of this is for a child born in the UK who has only lived in the UK and doesn''t have strong family support. Even in those particular cases, these visas are very difficult to come by and almost always fail resulting in deporation of the parents. As your child is older and has lived more than half their life in the country of their parents, there is an easily valid assumption that they can resume a life back in your home country with manageable difficulties. Once that FLR FP application is refused, you will lose the right to work when/if your Tier visa has expired, a very difficult position to be in.

[secret.simon]

Just to elaborate a bit on the seven years child visa, the spirit of this is for a child born in the UK who has only lived in the UK and doesn''t have strong family support.

Just to clarify that the 7 year FLR(FP) that the OP is talking about does not have the requirement for the child to be born in the UK. I think you (Ouflak1) are conflating the 7 year FLR(FP) visa with the 10 year Section 1(4) entitlement to registration for children born in the UK.

Be that as it may, Ouflak1 is correct in as much as it is not just a case of reaching 7 years in the UK for a child that is relevant. It must also be proven that it is not reasonable for the child to leave the UK.

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...

While your child may have completed her GCSEs in the UK, that is no reason why her education cannot be continued in another country.

The Court of Appeal also 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.

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.

[ouflak1]

Just to elaborate a bit on the seven years child visa, the spirit of this is for a child born in the UK who has only lived in the UK and doesn''t have strong family support.

Just to clarify that the 7 year FLR(FP) that the OP is talking about does not have the requirement for the child to be born in the UK. I think you (Ouflak1) are conflating the 7 year FLR(FP) visa with the 10 year Section 1(4) entitlement to registration for children born in the UK.

Yeah I was only referring to the 'spirit' of the 7 year FLR(FP). It's been left purposely vague without such specific requirements to deal with all sorts of situations a child might find themself in that are completely outside of their control. That's one reason why there are almost zero (and perhaps exactly zero) successful cases where there are two married co-habitating parents. That's considered such a stable environment of support for the child that they should be able to get along in lfie no matter where the family moves to in the world. And certainly they should be able to do well enough if they move back to the country of their, and their parent's, birth where they have lived the majority of their life anyway.

I think the OP should take this into account. It's not just 7 years in the UK. It's a lot more, and it doesn't sound like the child's situation really qualifies.

[problem1]

Thank you very much for showing me the gravity of this visa, the problem is language barrier and she doesn't have any social life in my country she left my country when she was 81/2 yrs and all her friends in this country. She is doing very well her education and goes to grammar school she is very good in her sports and education. So i don't want to break her future that the reason we are trying our best. Anyway i need to think twice before applying. Appreciate your advice
please let me know any person got this visa

[surfsumi]

There are few successful cases based on 7 years child rule. but most of the cases children either came to UK very young ( 0-3 years) or born here. As someone mentioned earlier they parents immigration history really has a impact on the decision. I know a couple with 17 year old child applied under this rule but the decision is pending for almost 2 years now. I wouldn't say there is ZERO chance for success but the journey will be very very tough emotionally & financially. Best thing to contact a competent immigration adviser ( genuine person for a genuine advice) & evaluate your options. I know it is not easy to leave a country after living for long time ( specially for children). Good luck..

[jupiter2016]

Dear OP , just be careful with next move! Think twice and make a move. If you look at my story, The most unfortunate case! Me and my partner came to Uk in April 2006.

All visas ( Tier -4 & PSW) extended well in time without any refusal untill March 20th, 2015.

During these time I have completed MBA and CIMA quialified.

Submitted FLR-FP application on First week of March, 2015 .(At that time right of appeal was given)

Two UK born kids :​1).November 2008

​​​2- October 2015

My Son , made two visits to India :

​1st visit between 2009-10, for 229 days

​2nd visit between 2010-11, for 302 days.

Since September 2011, he is in th uk. He is doing really good in study and other curriculum activities.

During these time I was doing my master and also going through some severe illness with hospitalization , for that i am on medication for lifetime. Also need to visit specialist on regular basis.

While my son had his visits to back home, he was sufferring from illness and unable to travel and was also on regular medication until today..

Septmber 2015, we got our refusal on FLR-FP, certified our human rights claim with out In Country right of appeal.At this point we needed only about 5-6 months to complete10 years. ( life's biggest mistake that didn't make another application )

Sep 2015, sent Pre -Action protocol, resulted in negative and served with IS 96 (since then reporting every month , till date) .and no right to work as well.

We also tried paper based appeal and JR hearing in UT turned negative.



Now our case is live in COA since Feb 2016, for permission to appeal the decison to refuse permission to claim for judicial review. Awaiting a judicial decision on the papers .

Meantime, we applied for Set -LR, at PSC - Sheffield on October 2016 and refused again.no mention of right of appeal! Same copy paste refusal as FLR -FP application. Permission to appeal set for oral hearing in end of this this year in COA.. Sometimes thinking I am the most unfortunate person .. Only god knows where I will be end up!
There are very kind hearted people in this forum giving their valuable suggestions and advice. We can't forget their willingness to share their knowledge and experience!! believe in God! He never does anything wrong to kind hearted people... Good luck

[problem1]

Dear Jupiter
I am so sorry to to read your post. I am so scared to apply for anything and i dont know what i am going to do im so tress out with this situation, not only me my family too, I dont know what to do after result arrive how i can tell her to do AL if we have to go back after half way is will be a real disaster.

[problem1]

Dear all
I am applying FLR(FP) 7 yrs route my solicitor wanted me to fill 1 application and fill page 7 5 (main applicant and 2 dependants) and then dependants applying with you page 12 another page.

I fill 3 application one as main and 2 as dependants but he is saying that is wrong we have to fill only above pages only.
please let me know the correct way URGENTLY please

[koolkate]

I am pretty sure you have to fill in all the application, that's what we did.

[problem1]

thanks Koolkate
that means 3 applications NOT one application

[problem1]

thanks Koolkate
that means 3 applications NOT one application

[koolkate]

I think my lawyer completed 1 application but printed the front page 3 times for dependents.

[problem1]

Dear all
can you please help me with the covering letter

[ouflak1]

The only successful case I've ever heard of on another forum (couldn't dig up the topic, but will link to it when I find it) that I lurk in was that of a child born in the UK whose mother left for her home country shortly after birth (something like 3 months), leaving the child with a grandmother who was a long time overstayer. The was no father listed on the birth certificate and his identity was not known. The mother only had intermittent strained contact with the grandmother and even that had broken down. Child and grandmother lived in the UK equivalent of poverty.

In that situation, it was not reasonable to expect that the child could be reunited with a women whom she didn't know and never knew, and expect familial support to adjust to that country. The father was completely absent (and who knows? might have been a UK citizen anyway). The child had only lived with her grandmother, and the UK was the only country she had ever lived in.

The grandmother applied for this visa and got it within a year. This is the kind of situation the UK is looking out for with this visa. This is the kind of situation I wouldn't wish on any child.

I don't know that there is a covering letter that you can write that will convince the Home Office that your child is in a situation even vaguely similar to that.

I really think you ought to seriously consider what you mean by 'disaster' when thinking about returning to your home country, and try to keep this all in perspective. Life in the UK, with no ability to work, depending on an application that has a high failure rate resulting in quick deportation, doesn't sound too far from 'disastrous' to me. With proper planning, I believe you can soften the blow. But we all have our own points of view. If you don't have a solicitor, get one (a qualified experienced one). If after that advice, they are willing to support your application, then they should write the cover letter.

[CR001]

The only successful case I've ever heard of on another forum (couldn't dig up the topic, but will link to it when I find it) that I lurk in

Kindly do not post links to other forums. Your detailed explanation of the case is sufficient and very good, thank you.

[kumari75]

Dear all,

My son has received his via under the immigration rule article 8 for private life.

My daughter, my husband and I got outside the immigration rule for private life.

I was the main applicant always.

These two were informed us in two separate letters: one is for my son and another one for three of us.

Now i need to apply for our extension using FLR(FP) form.

My question: can i apply in one form for all of us or do i have to send two applications, one for my son and another one for three of us?

Please help me as I really need to know.

Thanks you very much in advance.