7 years children route:

The ‘seven-year rule’ is a concession that allows for children who have lived in the UK for at least seven years to qualify for leave to remain in certain circumstances, and for illegal over-stayers (who are not subject to deportation) to qualify for leave to remain in the UK if they are the parents of children who have lived in the UK for at least seven years or children who are British, again, in certain circumstances.

We understand that from a child’s perspective, seven years of residence in the UK can be literally a lifetime. It may be the sum of all the child’s experience and the UK may be the only home they know in any meaningful sense. On top of that, children do not make their own decisions about moving homes and countries. To put it another way, whilst adults make informed choices about where to live, children have to cope with the consequences of other people’s choices.

7 Years Continuous Residence by a Child in the UK can be complex and using the services of an immigration expert are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. You will need to ensure that you meet all of the mandatory requirements before you apply. You will need to complete the relevant forms and collate your evidence for submission to the Home Office. This will need to be extensive and prove that your child’s residence has been continuous in the UK.

7 Years Continuous Residence by a Child in the UK requirements:

To qualify under seven years children rule you must satisfy the requirements of Paragraph 276ADE (1)(iv) of the Immigration Rules which are as follows:

• The child is under the age of 18 years
• The child has lived continuously in the UK for at least 7 years and
• It would not be reasonable to expect the child to leave the UK

What factors are considered by the Home Office in 7 Years Continuous Residence by a Child application:

The Home Office position in almost all cases is that it would be reasonable for a child to accompany his or her parents abroad. Its guidance sets out relevant factors for caseworkers making that decision. These include:

• Whether the child would be leaving the UK with their parent(s) — “it is generally the case that it is in a child’s best interests to remain with their parent(s)”
• The extent of wider family ties in the UK
• Whether the child is likely to be able to (re)integrate readily into life in another country, relevant factors including the extent of any social, cultural, linguistic ties, access to citizenship, and whether the child has ever attended school in that country
• Whether removal would give rise to a significant risk to the child’s health
• Country specific information

What is the Home Office duty to safeguard and promote the welfare of children:

Under section 55 of the Borders, Citizenship and Immigration Act 2009, the Secretary of State for the Home Department (SSHD) has a duty to safeguard and promote the welfare of children when making decisions affecting them (the s 55 duty).

The starting point is that it is in the best interests of a child to be brought up by, and live with their parents, subject to very strong counter-indication. In cases of removal or expulsion of a family member, or the family unit, the decision-maker should ensure that the best interests of the child affected are a primary consideration.

How a valid application can be made under the 7 years children rule:

A valid application will require the payment of the applicable fee unless the applicant meets the requirements of fee waiver policy.

How do you apply on the basis of the 7 Years Continuous Residence by a Child in the UK:

You will have to follow an online application process by completing the FLR(FP) application form to apply under 7-year children rule. You will be expected by the UK Visas and Immigration (Home Office) to provide supporting documents to prove your residence and integration in the UK. You may also have to enrol your biometrics (known as fingerprints) and photograph will be taken as part of the application process.

Duration and conditions of your leave under 7-year children rule:

If an application is successful under the 7-year children rule, the applicant will be granted up to 30 months’ leave to remain. Those granted leave will normally not be permitted recourse to public funds, but the Home Office can allow recourse to public funds at its discretion.

If you have been previously granted leave to remain in the UK as a child or as a parent of a child under the 7 years child residence rule, you can apply for extension of your stay by making an application for renewal of your leave to remain under this category.

You may become eligible to apply for indefinite leave to remain (ILR) in the UK after spending a continuous period of 60 months or 120 months with limited leave under the route, depending under which paragraphs the limited leave was granted.

What happens if your leave to remain application under 7-year children rule is refused:

At Aaryan Solicitors, team of our immigration law specialists’ can advise you on the merits of making a fresh application and/or challenging the decision by way of an appeal to the Immigration Tribunal.

Why Choose Aaryan Solicitors?