Under the Immigration Rules, a child who has lived continuously in the UK for seven years may have a basis to apply for leave to remain. This long residence is one of the factors the Home Office considers when assessing whether it would be reasonable to expect a child to leave the UK, particularly where a parent is facing removal or has a precarious immigration status. The seven year period does not automatically grant leave, but it is a significant consideration in the assessment of the child's best interests and the Article 8 rights of the family.
Applications on this basis are assessed under the private and family life provisions of the Immigration Rules and require the applicant to show that it would not be reasonable to expect the child to leave the UK given the length of their residence and the strength of their ties here. The assessment also considers the immigration history of the parents, the child's circumstances at school and in the community, and wider family circumstances. Each case is assessed on its own facts.
NARA Solicitors has experience advising families in complex immigration situations where a child's long residence in the UK forms part of the basis for an application. We advise on the strength of the case, the documentation needed to support it, and how to present the child's circumstances effectively. If the family's wider immigration situation is complex, we take a holistic approach to advising on the best route forward.