There are provisions in the Immigration Rules to allow an individual to make an application for leave to remain where they are the parent of a child that is British or has lived in the UK for seven years continuously.
From 9th July 2012, the Immigration Rules re-introduced the idea of seven years as a benchmark in family cases involving children. Seven years of residence by a child was formally incorporated into the rules as a sufficient period to justify continued residence by the child and parents
In simple words, this provides a route for a child without leave (and their parents), to apply for leave to remain where they have lived in the UK continuously for 7 years.
In order to qualify for a grant of leave under this policy, you would need to show that:
We advise our clients to provide as much evidence as possible to show that the child in question has settled into life in the UK. This should include evidence from the school (by way of letters and school report), as well as evidence of extra-curricular activities, letters and statements from wider family members and friends.
The above advice is generic and it is best that you receive tailored advice based on your circumstances if you are considering an application of this sort. Our experts at Batley Law have helped many clients making the 7 Year Child Concession application. You can contact us today if you wish to discuss your case.
The length of time for a decision can vary from case to case, but we would advise that in general, such cases will take 6-12 weeks to conclude.
If the application is successful, you will receive an initial grant of leave for 30 months (2.5 years). This can then be extended for a further 30 months (2.5 years), and once 10 years of continuous residence are complete, you are then eligible to apply for Indefinite Leave to Remain.
The law in this area can be complex and difficult to navigate. At Batley Law, we will guide and assist you in making this application, in order to achieve a successful outcome.
From the outset, we will examine your specific circumstances and advise you in relation to the support evidence you can provide in order to maximise your chances of success.
To discuss your case further, contact us today.
