A child who has lived in the UK for 7 years continuously can apply for leave to remain based on private life. But the 7-year child rule processing time can be complex and daunting. Our team of expert immigration Lawyers and Solicitors in Bedford, UK, are always available to guide you through the process quickly and efficiently.
Parents of a child who has lived in the UK for 7 years or more can also benefit from the 7-year rule. If you are an overstayer and you have a child who has lived in the UK for a continuous seven-year period and/or is British, you as the parents may also be able to apply for Leave to Remain on the basis of your family and private life in the UK.
The updated 7 years child immigration rule 2021 state as follow:
The rules require that the applicant must be under the age of 18 years and must have lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it should not be reasonable to expect the child to leave the UK.
The Home Office has a duty to safeguard and promote all children's best interest and welfare in the UK. It considers that a child that has spent 7 continuous years in the UK generally would have adapted or integrated to live in the UK and that it would not be reasonable to remove them.
In some circumstances, it may also become detrimental to their well-being. It is not enough to show that you have a child who has lived in the UK for 7 years or is British.
You must also show that you have a ‘genuine’ and ‘subsisting’ parental relationship with your child, and it must not be ‘reasonable’ to expect your child to leave the UK. It is important to remember that each application is assessed on its own merit, and it is vital to instruct an experienced immigration solicitor from the outset.
Based on the Below answers to all those questions, the grant to discretionary leave to remain in the UK will be determined. The success rate of applications comes down to how the application and evidence are presented. To increase your chances of a successful application, we advise seeking professional assistance from our legal experts.
If instructed to represent you for your application for leave to remain based on 7 years of residence as a child, our immigration solicitors will carry out the following work:
If successful, the applicant will be granted discretionary leave to remain in the UK for 30 months under the 7 years route to settlement. A child who has lived in the UK for a period of 10 years is eligible to apply for 10 Years Settlement Application, indefinite Leave to Remain (ILR) as a route to settlement. Legal advice should always be sought before an application is submitted, the case must be argued well and in detail to show evidence that you meet the requirements.
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