New ILR rules for children under 7 years (Private life route)
New ILR rules for children under 7 years family life rule
On 20th June 2022, the Home Office re-introduced the 7-year continuous residence category. Under the current 7-year child immigration rules, the person can stay in the UK and apply for settlement on the basis of private life.
New ILR rules for children under 7 years continuous residence
The key requirement for a non-British citizen child to stay in the UK on a permanent basis is the length of residence – at least the last seven years. Seven years is a long time for a child to have a private life in this period.
The UK may be the only home the child knows of, with no memory of a life lived elsewhere. It is against their best interests to uproot the child from their friends, family, school, and everything they know.
Under the new private life immigration policy, the Home Office has announced a few changes to the 7-year child private life rule. The following rules apply to the applications made on or after 20th June 2022:
- Child born and raised in the UK – Child born and raised in the UK can immediately apply for settlement (ILR) after 7 years of continuous residence in the UK.
- Child who is not born in the UK – Any individual who came to the UK as a child and has been living here for 7 years and obtained permission to stay based on private life can apply for Indefinite Leave to Remain after 5 years.
- Young Adults – Young adults (aged 18 to 25) who came to the UK as children, spent half of their lives in the UK and obtained leave to remain on the basis of private life can also apply for ILR after 5 years
These new changes have made it easier and faster for children and young adults to get ILR either straight away or with in 5 years of obtaining leave to remain on the basis of private life.
Eligibility Requirements for 7-year child route to ILR
The applicant must meet the following requirements to qualify for the 7-year private route as a child
- The child must be under 18 years of age
- The child must be present in the UK
- The child has been continuously resident in the UK for 7 years
- It would be against the best interests of the child to leave the UK
Continuous Residence Requirements
- The child was born and raised in the UK and resided here continuously for 7 years
- Applicants have to meet the following criteria if they arrived in the UK as a child
- They were first given visas based on a private life when aged between 18 and 24
- They arrived in the UK as a child
- They have resided in the UK for 5 continuous years with a visa (time spent on any other visas can be included)
Documents Required
Submit the following documentation in support of the ILR application
- Birth certificate
- Passport or travel document
- Evidence of 7 years of continuous residence in the UK
- An explanation for periods of absence
- Other evidence relevant to the case
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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