FLR FP 7 year child route application Refused with right of Appeal (Pls Help)

[lippo]

Hello Respected Board Members and Moderators

By mistake tagged in to another member Post. So hereby sending my own new topic. Sorry for the confusion it was created.

I am new to this forum and a silent reader for few years. I need an advice from you all regrading our appeal due in December 2018 for our FLR FP refusal based on 7 year child route.
Immigration History:
Feb 2010 Entered UK on Student Visa with Dependants (Husband & 8 year old Daughter)
Feb 2012-2014-Post Study Work Visa
Feb 2014-September 2015-Done another Masters
September 2015-October 2018 (Tier 2 Visa, Curtailed to July 2017 due to Sponser Licence revoked)
Applied FLR FP in July 2017 based on our child who completed 7 years 5 months in UK and who was 15 and half years old and got refusal in June 2018 after 11 months. Got appeal rights and put an appeal within 14 days got acknowledgement in weeks time and got hearing date in 3 weeks time (hearing due in December 2018)
Refusal reasons are similar that has been read before in this forum on 7 year child case.
We lived legally in UK until now please give your precious suggestions and advice what are the chances of winning this appeal.
Thanks in advance

[lippo]

Hello Moderators and board members,

Could you please suggest me on my post, as i am very worried about the appeal. Has my case arguable in Court? what are the chances of winning. If not do i have any other options to extend my leave?
Regards

[kingdadav84]

Hello Lipo, can you please state the full reason HO gave you for refusing your 7 year rule application?
From what I gathered they are refusing all 7 year rule application(outside the rule) because not single parents. HO plays dirty to discourage and punish married couples. But you are guaranteed to win in court since a similar situation like yours became precedence in in 2016. The case name ''Pd and others article 8:conjoined family claims) Sri Lanka[2016] UKUT 108(IAC). It is a good read and it is law(precedence as it was heard in upper court and Judge reverse the HO's refusal and parents and child got their papers.

[lippo]

Hi kingdadav,

Thanks for your reply, i read through the case you suggested there is a similarity in that case, we are expecting something good in our appeal next month fingers crossed. Refusal reasons are very minimal and not given any strong refusal reasons It was like our child and we can easily integrate to the country of origin as a family unit, education can be continued there as it has got a functional education system(though our daughter can not read and write the regional languages of our country), and they say family members can help you to integrate and help financially upon returning. (Since 8 years we have not visited our country or none of the family members visited us in UK and they are not in a position to help us financially) that all the reasons for refusal
Regards

[Garry20g]

Hi kingdadav,

Thanks for your reply, i read through the case you suggested there is a similarity in that case, we are expecting something good in our appeal next month fingers crossed. Refusal reasons are very minimal and not given any strong refusal reasons It was like our child and we can easily integrate to the country of origin as a family unit, education can be continued there as it has got a functional education system(though our daughter can not read and write the regional languages of our country), and they say family members can help you to integrate and help financially upon returning. (Since 8 years we have not visited our country or none of the family members visited us in UK and they are not in a position to help us financially) that all the reasons for refusal
Regards

Hi. I read on this www that so many 7 year child case were refused. But recently my friend apply and his son is 5 year old and born in uk. You are surprise to hear this with in 4 months. His son got british passport and both parents got status as well. Can someone explain me this. And all family were illegal in uk before.

[Mat135]

Hello Respected Board Members and Moderators

By mistake tagged in to another member Post. So hereby sending my own new topic. Sorry for the confusion it was created.

I am new to this forum and a silent reader for few years. I need an advice from you all regrading our appeal due in December 2018 for our FLR FP refusal based on 7 year child route.
Immigration History:
Feb 2010 Entered UK on Student Visa with Dependants (Husband & 8 year old Daughter)
Feb 2012-2014-Post Study Work Visa
Feb 2014-September 2015-Done another Masters
September 2015-October 2018 (Tier 2 Visa, Curtailed to July 2017 due to Sponser Licence revoked)
Applied FLR FP in July 2017 based on our child who completed 7 years 5 months in UK and who was 15 and half years old and got refusal in June 2018 after 11 months. Got appeal rights and put an appeal within 14 days got acknowledgement in weeks time and got hearing date in 3 weeks time (hearing due in December 2018)
Refusal reasons are similar that has been read before in this forum on 7 year child case.
We lived legally in UK until now please give your precious suggestions and advice what are the chances of winning this appeal.
Thanks in advance

Hi lippo,
Can I know what happened to your appeal at the court, we had ours at Birmingham Justice Centre and the judge dismissed the appeal saying the same reasons.
So desperate now.
Please let me know
Thank you

[Obie]

What was judge's reasons for dismissing the appeal.

[lippo]

@Mat135
We won our appeal at the first tier tribunal and received our Biometric Cards. Sorry to hear that judge dismissed your appeal. Stay positive and fight back in upper tribunal

Regards

[Mat135]

@Mat135
We won our appeal at the first tier tribunal and received our Biometric Cards. Sorry to hear that judge dismissed your appeal. Stay positive and fight back in upper tribunal

Regards

Hi Lippo,
Thank you for your reply....
Congratulations! I am happy to hear your success....

Given reasons were the same as HO reasons for refusal.
The judge was a lady, the hearing went 1 hour and 39 minutes, questioned from my husband and me seperately....
I have two children, the elder son entered to the UK on 27th January 2011, by the date of the hearing it was 8 years of resident in the UK for all of us.
The second child who was born in England was 6 years and 9 months old
They both are excellent in studies

I entered to the UK as a student
Completed my studies
Did ielts not toic or any fraud
No criminal records

In the decision the judge counted everything negative way, she says as I have gained good education in my country and I have good knowledge about English I can teach my children my language and help to settle in my back home.
She accepts that the elder child is a qualified child but it is not reasonable to leave as they both are extremely good at studies they can learn my language and make friends in there.

Even my barrister also surprised for the decision as we all expected it to be succeeded.
Worst days having