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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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hello i will like to ask question regading the home office

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hello i will like to ask question regading the home office i put in and application and i was been refused with my kids which there age range is 6yr and 6month and 4yrs and 2yrs can u advice me wat to do cos i just recieved a letter dat it been refuse at the ukba now pls wat can u advice me to do i need to act fast pls

What visa did you previously hold?

Customer: replied 3 years ago.

human right wen ur son is 7yrs application and am been refuse so wat do i need 2 do now


Your son is 6 months short of his 7th birthday, correct?

Has he lived in the UK since birth?

Customer: replied 3 years ago.

yes my son 6yrs and 6month and i have 3bois and the second is 4ys and the last one is 2yrs so i dont know why dey refuse the application

Drafting your answer. 5 mins.

Customer: replied 3 years ago.

pls i need to know wat i need to do may be to go for appel or wat


Thanks for your patience.

I presume that your child was born in the UK and has remained here since.

Frankly, I would probably wait until the child is 7 before making an application again. An application on this basis is much stronger once the child has reached 7 years residence in the UK.

Before the child has reached 7 years the case is much weaker. This is because before this time consideration is given to whether or not it would be reasonable to expect a child under 7 to leave the UK.

There is a bit more of an assumpation about the attachement of a child to the UK once they have reached 7 years of age and given that your child will shortly be 7 it will not be long before you can attempt to apply on the basis of his 7 years where your case would be much stronger.

Once the child has reached 7 years of age from birth in the UK, more often than not it will be regarded that the child’s future should be in the UK because of the important stages of their development having been carried out here.

You need to have a consultation with a solicitor on the basis of your application and whether the UKBA have correctly rejected the application. The difficulty is that because granting leave to remain before the child is 7 is highly discretionary it is going to be difficult to show that they have not acted reasonably in rejecting the application unless it is clear that they have not given consideration to substantial and material parts of the application.

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Kind regards,

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