The child born in the UK and has lived in the UK for at least 7 years may be eligible for Indefinite Leave to Remain. However it needs to be proved that it will not be reasonable for the child to leave the UK. 

Please note that parent (s) can apply for leave to remain on basis of the child. Once the parent has completed 10 years on this route. They will be able to apply ILR once they have completed the 10 years.

Indefinite leave to remain gives you the right to live, work, and study in the UK without time restrictions on your immigration status, or in other words, for as long as you like. With ILR, you can apply for benefits such as access to the NHS (National Health Service) if you are eligible. You can use this status to apply for British citizenship.

Why is there a 7-year rule?

The 7-year rule exists because UK immigration law recognises that a child who has lived in the UK for a long time may have integrated and adapted to life in the UK, and removing them from the UK would be detrimental to their well-being. The UK Government is bound to make the decision on the basis of human rights principles under ECHR - Article 8 (right to private and family life), and has the legal duty to consider the child’s best interests. 

However, the 7-year rule does not automatically grant ILR for children. It must be proved that it is not reasonable for the child to relocate with their parents to another country.

Who can apply for Indefinite Leave to Remain on the basis of 7 years?

Usually, a child born in the UK who has lived here for 7 years continuously can apply for ILR on the basis of their private life.

To be considered a child, you must:

• Be under 18 when you apply; and 

• Not be leading an independent life; and

• Usually live with your parent(s)

The child does not need to be British, and their parents’ immigration status may be irregular — the child’s residence history is the key factor.

Other eligibility for ILR for children

Apart from meeting the continuous residence requirement, you also have to meet other requirements, such as how to count 7 years’ continuous residence with excessive absences, and proving that it would be unreasonable to expect you to leave the UK. 

Please note that children under 18 are usually exempt from the Life in the UK test and English language requirements.

You may also need to prove your identity and provide supporting documents.

1. Continuous years in the UK

While counting your continuous years in the UK, you can include time spent in the UK on a family or private life visa and any UK visa that leads to ILR.

If you include time spent on a visa other than a family or private life visa, you must have had a private life visa for a minimum of one year on the day you apply.

Continuous residence is usually broken if you have:

• been outside the UK for more than 6 months at one time, or 

• spent 550 days or more outside the UK in total during the 7-year period. 

However, the Home Office, when deciding based on absence, can still consider exceptional circumstances and your best interests.

2. Prove how it must be unreasonable to expect you to leave the UK

Your parent (s) need to show clear, evidence-based reasons why staying in the UK is in the best interest of your welfare, stability, and development. The caseworker is instructed to assess this under the Borders, Citizenship and Immigration Act 2009 - Section 55, and influenced by the “Every Child Matters” guidance.

Your parents can provide the following evidence.

a. Evidence of your education

Evidence can show that the child’s education would be affected if you leave the UK.

They can submit documents such as school letters confirming your enrolment, progress reports/report cards, letters from teachers about your performance and integration, and evidence of exams you have appeared for and passed, or important academic stages. 

b. Child’s social and cultural Integration

Your parent (s) should show that the child is integrated into the British society through evidence such as your participation in sports/clubs/community groups, community/church/organisation involvement, and awards or achievements. 

It is most important requirement to prove that the child has established their private life in the UK, which means that the connections they have established outside their family is irreplaceable. Once the child’s strong connection to the UK are established the reasonability aspect can be addressed. 

c. Length of your residence in the UK

Your residence in the UK for 7 years is often considered significant for the private life route. To establish this, evidence such as school records over time, medical records, tenancy agreements, and utility bills showing continuous residence can be provided.

3. Your parents’ immigration status

Your parents’ immigration status also matters equally if you want to apply for ILR on the basis of 7 years' residence in the UK. Ideally, your parent(s) should either be applying for ILR at the same time or already have limited leave to remain under a family/private life route. 

How can Visa and Migration help?

If you are in the UK (born or arrived on a visa as a child) and have lived in the UK for 7 years continuously, you can apply for ILR if it would be unreasonable to expect you to leave the UK. 

We can assess whether you are eligible for this route. We will help you prove why leaving the UK would be unreasonable for you. 

We make sure your application is approved, and you are able to settle in the UK.

For expert advice and queries on ILR for children, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com