Children - 7 Years residence
For children who have lived continuously in the UK for at least 7 years. Such children can apply for leave to remain on the basis of their 'private life'.
What do the Immigration Rules say?
Paragraph 276ADE(1)(iv) requires that the applicant must be under the age of 18 years and must have lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it should not be reasonable to expect the child to leave the UK.
What will the Home Office look for?
These types of applications can be complex in nature and a sucessful outcome is dependant on a number of factors including:
- where the best interests of the child lie
- what is the immigration status of the parents?
- what is the financial circumstances of the parents?
- how would the child's well-being be affected if the child were to return to their country of origin?
- what are the circumstances in the country of origin?
- any medical conditions of the child or of the parents
- does the child have any special needs including any medical and educational needs?
- are there any special circumstances showing exceptionally strong private life established by the child in the UK i.e. school, future goals, firends and wider family
- would there beany adverse psychological effect on the child?
What will be my child's status in the UK if the application is sucessful?
The child will be granted leave to remain for 30 months under the 10 years route to settlement. After completing 10 years under this route, the child (or adult if 18 or over at the time) becomes eligible to apply for Indefinite Leave to Remain (ILR).
How can we help?
We are specialist Immigration Solicitors and are well exp[erienced in these type of applications. We know the pitfalls and can expertly present your child's case to the Home Office. We will instruct the right experts on your behalf, help you liaise with your child's school and doctor. We conduct all the country of origin research on your behalf, we work closely with a panel of expert child counsellors and psychologists., we take the frustration and angst out of the entire application process by guiding you through to sucessful conclusion.
We offer consultations by appointment nationally. At Kewalion & Co we endeavour to provide a five-star service by listening to our clients' needs, actually caring about their case and giving a high level personal service to each and every one.
We are a specialist immigration law practice, providing specialist advice on all aspects of Personal, Business, British Nationality and Human Rights immigration. Our clients range from private individuals and sole traders, to multinational corporations.