CAN A CHILD APPLY FLR FP ALONE

[naija99]

Hi
Please can anyone help - can a child 16yrs old make an FLR fp 7 YR rule application without an adult? She came to this country at 9 years old and she has just turned 16. She's been living with British maternal aunty. Her parents are back home, her mother frequents UK on visit visa. Would this be seen as an issue?

She was raised by her maternal grandmother who died in July 2011. She came to UK on a visit visa in Nov 2011 and refused to go back home because her grandmother (regarded as her mother) was no longer alive. She has lived here ever since (7yrs now) and just completed her GCSEs.

Is FLR FP the right application?

[naija99]

Can anyone advise?

[naija99]

Morning
Can anyone advise on this one? Vinny?

[bathanza]

If she has lived for 7 years continuously, she can apply for leave to remain on the basis of private life using FLR FP herself.

Paragraph 276ADE(1)(iv) requires that the applicant must be under the age of 18 years and must have lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it should not be reasonable to expect the child to leave the UK.

In terms of the proof and burden you'll need to provide is a lot, taking into consideration

"the best interests of the child;
the immigration status of the parents of the child;
the financial circumstances of the parents of the child which would affect the well-being of the child in their country of origin;
the circumstances in the country to which the child and the child's parents can be required to go and live in;
any medical conditions of the child or of the parents of the child;
any special needs of the child including any medical and educational needs of the child;
any special circumstances showing exceptionally strong private life established by the child in the UK which will be completely lost resulting in compromising the well-being of the child;
any psychological effect on the life of the child, etc."

if her mother comes and goes on a visit visa, the HO may say there's no reason why she cannot leave with her. So focus on her well being and continuous stay with the aunty, education etc.

Please, please get this lodged before 18 years old and after a full 7 year has been completed. Otherwise it's an uphill struggle

All the best.

[naija99]

Thanks so much bathanza, that’s really helpful