There is a considerable number of undocumented Zimbabwean nationals who were born in Zimbabwe, and following arrival in the UK, now have children of their own born here, aged under 18years. Some of these children may not yet have accrued the necessary continuous residence in the UK required to enable them to place reliance upon the 7year Rule as a basis of application for leave to remain. In such circumstances, fulfilment of the 10years continuous residence in the UK required to enable an application for registration as a British citizen would accordingly be inapplicable.
“In Agyarko the Supreme Court made clear that the scheme established by the Rules and the Secretary of State’s Instructions are lawful and compatible with article 8. Accordingly, the Secretary of State is entitled to apply a test of insurmountable obstacles to the relocation of the family within the Rules and a test of exceptional circumstances as described outside the Rules………Despite the clarity of the conclusions in Agyarko, the appellants seek to persuade the court that there remain important issues relating to how the principles in Agyarko should be applied. Before embarking on a short analysis of those issues, I say at the outset that I am wholly unconvinced that any gloss is needed on the principles described by Lord Reed. I shall at the conclusion of this judgment set out an evaluative mechanism that should be adopted by First-tier tribunals that is consistent with the decisions of the Supreme Court, follows existing good practice across jurisdictions and meets the failure to adequately describe the evaluative judgment undertaken in the reasoning in these cases, despite the fact that the ultimate decisions were and are correct”, said the Court of Appeal in TZ (Pakistan) and PG (India) v The Secretary of State for the Home Department  EWCA Civ 1109 (17 May 2018)
Nothing deflates an Appellant more than leaving an appeal venue without their substantive appeal having been heard by a Tribunal Judge. Such a situation can arise where a Tribunal Judge cannot consider a raised new matter not previously considered by the Home Office unless the Secretary of State has given consent for the Tribunal to do so.