A child who is under the age of 18 years old who has lived continuously in the UK for at least 7 years can apply under the private life route, if it can be proved that it is not reasonable to expect that child to leave the UK.
In order to qualify under the private life route within the immigration rules, the child must the below 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.
Our Immigration lawyers at City Legal have worked within most areas of often complex immigration law. We can undertake a detailed assessment of the child’s circumstances and identify any reasons that may be deemed unreasonable to move back to the home country. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.