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.
Private Life Claims
The private life route is currently integrated within the Immigration rules. The relevant paragraphs of the Immigration rules for the consideration of Article 8 claims include paragraph 276ADE to decide the private life factor of an Article 8 claim and Appendix FM to decide the family life of an Article 8 claim.
Eligibility for leave on Private Life grounds
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Frequently Asked Questions
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 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 is granted leave in line with that under private life route.
The court of appeal recently considered the case of Onwuje v Secretary of State for the Home Department  EWCA Civ 331 under Article 8 and Underhill
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.