You can apply for indefinite leave to remain upon completion of 10 years in the UK with leave to remain granted on the basis of 7 years child residence or if you child was born in the UK, he/she may be entitled to apply to register as a British citizen in the UK. This process is know as registration as a British citizen and it is important you seek the correct advice before an proposed application is submitted to the Home Office in this category.
What is the 7 Years Child Rule?
If you have a child born in the United Kingdom and has lived in the UK for a period of at least 7 years child in the UK, he/she may be entitled to apply for leave to remain in the UK on the basis of their private life. The 7 year child residence rule is incorporated into the Immigration rules. The Home Office will consider several factors to reach a decision to grant leave to remain in the UK.
What are the Requirements to apply under the child seven years application?
The Home Office must be satisfied you meet the following requirements:
- The Child is under 18:
- The Child is in the UK:
- The Child has lived continuously in the UK for at least 7 years (discounting any period of imprisonment); and
- It would not be reasonable to expect the child to leave the UK.
What is meant by it would not be unreasonable to expect the child to leave the UK?
The Home Office will consider various factors when considering whether it would not be reasonable to expect the child to leave the UK.
- Is the child integrated into the British society
- Whether it would be reasonable for the child or children to return with his or her parents to their respective home country
- Does the chid have any medical needs/conditions and whether the treatment would not be available to the country they would be returning
- Does the child have any friends and family in their home country
- Does the child have any extended family in the UK
- Has the child ever visited or been back to their home country
- Can the child integrated back into his home country and/or start or continue their education
- Is the child able to speak, write or read a language to the country they would be returning
If you need help with your 7 Year's Child Residence application, Call us Today
How much is the cost of the Home Office application for child seven years application?
The Home Office application visa fee currently is £1,067.20, which includes the Biometric fee of £19.20 per applicant. This is a mandatory visa application fee, which must be paid online and applies to per applicant that is applying for a child seven years application to the Home Office.
Do I need to pay for the Immigration Health Surcharge?
You will be required to pay the Government NHS Surcharge, which is a separate fee (currently £1,035 (previously £624) per year) and currently £2,587.50 for the length of your visa to obtain a visa under the 7 Years Child rule. The IHS charge must be paid otherwise your application will be rejected and not considered by the Home Office caseworker.
How long is my seven years rule immigration application granted for?
If your application is successful, the Home Office will grant you leave to remain in the UK for a period of 2.5 years. This route leads to the grant of indefinite leave to remain in the UK, followed by British nationality.
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Can the child or children’s Parents apply?
Yes they can. They can either apply at the same time or at a later date to regularise their own stay in the UK once the child has been granted initial grant of leave to remain in the UK. The Home Office will consider many factors including the best interest of the child or children under Section 55 of the Borders Citizenship and Immigration Act 2009.
How long does the Process Take?
On average it can take between 2-4 months for a Caseworker to reach a decision on your application for your application for indefinite leave to remain in the UK. It some cases it can be a lot less and decided quickly. The Home Office can also request additional information and/or documents during the application, should this feel this is required to enable them to reach a decision.
Which documents are required to apply?
Depending on your circumstances, you will be required to provide documentary evidence in support of your application. The Home Office will consider your documents and it is important you get the right legal advice to show you meet the relevant criteria to increase your application being granted.
What if my application is refused?
If your application is unsuccessful you will be given an in country right of appeal. You will have the right to lodge an appeal to the First tier Tribunal to appeal and challenge the Home Office to refuse your application for leave to remain on the basis of the child’s 7 years long residence?
How can we help?
Our Friendly Team of Immigration Solicitors are experts in dealing with your application on the basis of 7 years child rule in the UK or parent of a child. We will help you every step of the way and deal with any concerns or questions from the outset you may have or what you need to do for your application for leave to remain in the UK to the Home Office.
Once instructed, please feel assured we will include the following:
- Taking detailed instructions from you and advising you about the relevant immigration laws and procedures in your child’s 7 years child application for leave to remain in the UK to the Home Office;
- Assessing and checking your documents and evidence to ensure that your child’s 7 year long residence application fulfils the relevant requirements
- Advising you if any documents are missing or additional documents are required to support and strengthen your child’s 7 years child application for leave to remain in the UK
- Completing of your entire application process and any information to process your application
- Preparing a representation letter to the Home Office as to why you and any dependants qualify for leave to remain in the UK
Our Top 7 Years Child Rule FAQ’S
The child or children will need to be under 18 years of age in order to benefit under the 7 years rule. If you are over 18, unfortunately you will not be able to qualify under this visa category type.
If you have a child who has British citizenship, the parent or parents may be able to apply for the right to remain in the UK under the Immigration rules. If your child has been granted leave to remain under the 7 years child rule. If the parent (s) application is successful, they would also be granted leave to remain as the same time period of the child.
If your child or children is a British citizen, you may be entitled to apply to remain in the UK on the basis of your British born child or if the child is settled in the UK. You may also qualify for the visa if you and your child are in the UK and your child has lived here for 7 years.
If you secure leave to remain in the UK on a parent visa because of your relationship with your child then you can apply for Indefinite Leave to Remain after you have been in the UK for at least five years. This is provided that you meet the continuous residence requirement under the Immigration Rules.
