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Child 7 year visa

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Child 7 Year Visa

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.

Child 7 Year Visa Eligibility Requirements

In order to qualify under the private life route within the immigration rules, the child must the below requirements.

  • Child is living in the UK
  • Be under 18 years of age
  • Has spent at least 7 years continuously in the UK (discounting any period of imprisonment)
  • It would not be reasonable to expect the child to leave the UK.

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.

How can we assist?

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 providing clear, transparent and reliable advice to our clients.

Frequently Asked Questions

How can I show that it is not reasonable for the child to leave the UK?

This is based on individual circumstances and some factors may include the strength of the relationship and ties the child has in the UK, child’s age and time spent in the UK, not being able to pursue the same level of education, not being able to speak the language of the home country, medical conditions that may provide better care in the UK, psychological impact etc.

Does the child need to be born in the UK to qualify under this route?

This is a common misconception regarding this route. It is not required that the child should be born in the UK to qualify for this route, but just need to satisfy 7 year residency rules and meet the unreasonableness test.

How do I apply under the child 7 year route?

The child 7 year private life route application is made online under the FLR(FP) form. Applicants are recommended to obtain legal advice prior to completing the application, as this is a complicated route requiring specialist knowledge to ensure maximum success scope for the application.

Is it possible to have short absences in the 7 year continuous residency?

‘Continuous period’ is not interpreted so absolutely in the Immigration Rules whereby applicants can make visits outside the UK, not more than six months at any one time, and it would not count as a break in the continuous period of at least seven years required.

What happens if my application is refused?

The Human Rights/Private Life applications normally carry a right of appeal unless the Home Office certifies the claim as clearly unfounded. If an appeal right is granted, the applicant may apply to the First-Tier Tribunal.
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