7 years child residence rule – a Child’s Path to Settlement in the UK

Many Immigrants are living in the United Kingdom with their children or a child, and they are eligible to apply under the 7-year child residence rule.

It applies to all those applicants whose children or child has lived in the United Kingdom continuously for 7 years and has established a private life in the UK and could not be expected to leave the UK as the decision of the Home Office/UKVI will be unduly harsh.

The Home Office/UKVI guidelines state that the best interest of the child is paramount and the caseworker should consider and weigh on the balance of probability the best interest of the child as stated under Section 55 of the Borders, Citizenship, and Immigration Act 2009.

It is the Home Office/UKVI’s duty to regard the welfare of the child.

i) The child has lived continuously in the UK for at least 7 years

ii) The child is under 18 years old and in the UK

iii) It is not reasonable to expect the child to leave the United Kingdom.

As the child has lived in the UK, then the child and his/her parents can apply under this 7-year child residence rule and will be granted a leave to remain on the basis of private life for 30 months, but they will be entitled to apply for Indefinite Leave to remain after 10 years continuously living in the UK.

If you cannot afford to pay the fees as you are destitute or you will become destitute after paying the fees, then you can apply for help with fees, which is also known as a fee waiver.

Child Born in the UK stateless:

As your child is born in the UK and you have not applied for his/her passport, then the child will be considered stateless, especially if the child is born to Indian parents.

So should you wish, then feel free to contact our team of expert Immigration Solicitors who have dealt with many such applications.