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Article 8 - EX1 British Child

We were instructed to make an application to regularise your client's stay in the UK as she currently did not hold any valid leave to remain in the UK.

She was born in the UK and had previously held a British passport but this was cancelled, as it was issued in error. She has 3 children (aged 13, 10 & 7 ) and her 7 year old is a British Citizen. She also confirmed that all of her children were born in the UK.

The father of her children was granted ILR in 2008 but that they are not married, not living together and he has little involvement in the children's life. She further confirmed that sole responsibility for her children rests with her.

How we helped

From the information above, we decided to make an application based on the application of Immigration Rules pursuant to paragraph EX1 - which is the consideration of child's best interests under the family rules coupled with our client's Article 8 rights which also considers her right to a private and family life.

Our argument was based on the following:-

  • That our client has subsisting parental relationship with her children
  • Her children being under the age of 18
  • Your children residing in the UK and are either British citizens or are children that have lived in the UK for continuous period of 7 years;
  • The fact that it would not be reasonable to expect your children to leave the UK;

On the basis of some of the points mentioned above, we concluded that she met the criteria in regards to submitting an application on the form FLR (FP).

We lodged an application on this basis and it was successful.

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