The Home Office once had a seven-year child policy known as DP5/96, which established that a child who has resided in the UK continuously for seven years should not be banned from the country without any other mitigating circumstances.
This rule was dropped in December 2008. The Immigration Rules reinstated the seven-year requirement as a benchmark in family proceedings involving children as of 9th July 2012. The rules formally recognised a child’s residence for seven years as long enough for the child and parents to remain there.
The UK Border Agency is required by Section 55 of the Borders, Citizenship and Immigration Act 2009 to carry out its current duties while taking into account the requirement to protect and advance the welfare of children in the UK. It does not add any new components or replace any current functions.
The UKBA has brought back the previous seven-year child concession policy by introducing new provisions under the Immigration Rules. The only difference is that it was a temporary regulation before becoming part of the Immigration Rules.
Additionally, the UKBA previously granted indefinite permission to remain under the seven years child concession provision (ILR). The UKBA will now grant first leave to stay for 30 months in line with the Immigration Rules. A person may apply for indefinite leave to remain (ILR) once they have lived in the UK for ten years under this category unless they are already eligible to do so based on ten years of continuous and lawful residence.
Statement of Changes HC760, added in December 2012, added a new test for determining whether it would be appropriate for the child to leave the UK. Since then, a two-stage test of seven years of continuous residency and whether it would be reasonable for the child to leave the UK have been added to the new statutory human rights presumptions in Part 5A of the 2002 Act.
New 7 Years ILR Child Immigration Rule:
The following guidelines are currently in effect as a result of the new private life immigration policy published in Appendix Private Life 2 on 20th June 2022:
- After seven years of residence in the UK, a child born there may apply for settlement (ILR).
- A child who entered the UK as a kid has lived there continuously for seven years and has been granted permission to stay based on their private Life may now apply for settlement after five years.
- Young children between the ages of 18 and 25 who immigrated to the UK as youngsters must have lived there for half of their lives.
- These immigration law changes make it possible for children and young people to become citizens more quickly than the typical 10-year residence requirement for minors. Due to these, the 2021-enacted 7-year kid concession policy is now a part of the immigration laws permanently.
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ILR Requirements for a 7 Year-old Child With a Private Life:
Application requirements for the 7-year private path to ILR as a youngster include:
- Satisfy the requirements for continuous residency.
- Pass the UK Life exam (if aged between 18 and 64 years)
- You must possess English language proficiency at the CEFR level B1 in speaking and listening to meet the requirements in this area. Alternatively, candidates with a degree taught or researched in English will fulfil these criteria.
Requirements of Continuous Residence:
Applicants must possess the following to satisfy the requirements for continuous residence:
- A child who has lived in the country continuously for at least 7 years, or
- Fulfilled all of the requirements for entry into the UK as a child:
- When between the ages of 18 and 24, the first visa is granted based on private life
- Emigrated as a child to the UK
- Have a valid visa and have resided in the UK for five years
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Conclusion:
Immigration legislation in the UK is quite complicated and is constantly changing. The UKVI has strict requirements for several visa classes. You must thus get the appropriate legal advice from a knowledgeable UK immigration lawyer to ensure the success of your original request.
Expert solicitors of My Legal Services will walk you through every step of the process to put you in the greatest position to achieve success. For more information about 7 years ILR child visa and immigration route, Call us at 02037324736 or schedule your meeting with our professional immigration solicitor in the UK.