7 Years Child Rule
What is the 7 Years Child Rule?
If your child was 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 would 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
What are the Requirements to apply under the 7 Years Child Rule?
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
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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?
The Home Office application visa fee currently is £1,052.20, which includes the Biometric fee
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 and currently £1,560 for the length of your visa to obtain a visa under the 7 Years Child rule.
How long is my visa 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 under the 5 or 10 Year route. After a certain period of time, your visa can lead to indefinite leave to remain and also 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.
Which documents are required for me 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.
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.
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
For Further Information or to talk to us, Contact us to discuss your application for 7 years child residence in the UK. Kindly contact one of Immigration Solicitors in London on 0203 7324736 or complete the contact form or email us. Thank you