The Supreme Court judgement answers when it will be unreasonable to expect a non-British child who has been resident in the UK for seven or more years to leave the UK.
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Child 7 Year Visa
Child 7 Year Visa Eligibility Requirements
It is worth noting that, it is not an automatic grant of leave on the basis of 7 year residency and evidence must be provided to support that it would not be reasonable to expect the child to leave the UK. The outcome of the child’s application depends on many factors including but not limited to consideration of the child’s best interest, immigration status of parents, financial circumstances of the parents, circumstances in the country to which child would be required to go, medical conditions or any special needs, well being and psychological impact on child’s life etc.
The successful applicant will be granted leave to remain for 30 months under the 10 years route to settlement whereby an application for Indefinite Leave to Remain (ILR) can be made after 10 years of continuous residence in the UK under this visa category. There are provisions within the Immigration rules under Appendix FM for single parents to apply under parent route. There is no specific provision within the Immigration rules to grant leave to the parents or family of a child who spent 7 years in the UK, where neither of the parents have status and the parents are still together. However, depending on the circumstances, it may be appropriate for the parents to apply for leave outside the rules. In most cases, if the child is deemed qualified for the leave, the family should be granted leave in line with that under the private life route.
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Frequently Asked Questions
The rule states that the child and/or parents must have lived in the UK for a period of 7 years before their application for leave to remain can be submitted to the Home Office.