7 Years Child Application
Mr. Sajjad Kayani
Overview
The 7-Year Child Rule in UK Immigration Law is a pivotal pathway for parents whose children have resided in the UK continuously for seven years. This rule prioritises the best interests of the child, evaluating the emotional, educational, and social impact of removal on their well-being. Designed to protect established family life and provide stability, this provision offers parents the opportunity to secure leave to remain in the UK based on their child's extensive ties to the country. At Kayani Legal, our experienced solicitors specialise in navigating the complexities of the 7-Year Child Rule, ensuring a seamless application process while safeguarding your family’s future. Contact us today for expert guidance tailored to your unique situation.
Table of Contents
How to Apply for Leave to Remain Under the 7-Year Child Rule
01. Determine eligibility
Ensure your child has lived continuously in the UK for at least seven years and that it would be unreasonable for them to leave the country.
02. Prepare the application
Complete the relevant application form, typically the FLR(FP) form, and gather all required documents.
03. Pay the application fee
The fee for the application varies depending on your circumstances. Ensure you pay the correct amount, including the Immigration Health Surcharge (IHS) if applicable.
04. Attend a biometric appointment
Schedule a meeting to submit your biometric information, including fingerprints and a facial image.
05. Apply
Send your application and all required documents and fees to the UK Home Office.
06. Await a decision
The processing time may vary, but expect to wait several months for a decision.
Document Requirements for the 7-Year Child Rule
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Proof of your child's continuous residence in the UK (e.g., school records, medical records)
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Evidence of your relationship with the child (e.g., birth certificate, adoption papers)
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Proof of your immigration status in the UK
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Evidence of financial support for the child (e.g., bank statements, payslips)
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Documents demonstrating the impact of removal on the child (e.g., letters from teachers or medical professionals)
Tips for a Successful Application
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Provide accurate and complete information in your application.
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Ensure all documents are up-to-date and well-organised.
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Demonstrate your child's strong ties to the UK and the potential impact of removal.
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Seek professional advice from Kayani Legal to thoroughly understand the requirements and process.
Common Reasons for Refusals and How to Address
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Insufficient evidence of continuous residence: Provide comprehensive documentation to prove your child's continued residence in the UK.
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Failure to demonstrate the impact of removal: Gather strong evidence showing the potential adverse effects of removal on the child's well-being.
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Incomplete or inaccurate application: Double-check your application for accuracy and completeness before submission.
Visa Extensions, Changes, and Rights and Restrictions
Under the 7-Year Child Rule, successful applicants may be granted leave to remain for 30 months. You can apply for extensions, and after ten years of continuous residence, you may be eligible for Indefinite Leave to Remain (ILR). It's essential to understand the rights and restrictions associated with your visa, such as access to public funds or employment limitations.
Case Studies and Success Stories
At Kayani Legal, we have successfully assisted numerous families in securing leave to remain under the 7-Year Child Rule. Here are five real-life examples highlighting the challenges and strategies we employed to achieve positive outcomes:
Case Study 1
A single mother with a child who had lived in the UK for over seven years struggled to prove the impact of removal on her child. Our team advised what evidence to gather, for example, from teachers and medical professionals, demonstrating that the child had strong ties to the community and was integrated into the UK's education system. The application was successful.
Case Study 2
A family with two children, one born in the UK and one who had lived in the UK for more than seven years, faced difficulties in demonstrating their continuous residence. We helped them compile comprehensive documentation, including school and medical records, to prove the children's long-term presence in the UK. The family was granted leave to remain.
Case Study 3
A couple with a child who had lived in the UK for eight years encountered issues with their financial evidence. We advised them to gather bank statements and payslips to demonstrate their financial stability and support for the child. The application was approved.
Case Study 4
A father, who had irregular immigration status, sought to apply under the 7-Year Child Rule for his UK-born child. Our team advised him on regularising his immigration status and helped him gather evidence of a strong relationship with his child. The application was successful, and the family was granted leave to remain.
Case Study 5
A family who had previously been refused leave to remain under the 7-Year Child Rule approached us for assistance. We reviewed their previous application, identified the reasons for refusal, and worked with them to address them. We successfully helped the family reapply and secure their leave to remain in the UK.
Case Laws on 7-Year Child Route
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Azimi-Moayed & Others (Decisions affecting children; onward appeals) [2013] UKUT 00197 (IAC)
The case focused on the best interests of children when making immigration decisions. The Upper Tribunal stressed that the child's best interest must be a primary consideration in such cases.
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EV (Philippines) and Ors v Secretary of State for the Home Department [2014] EWCA Civ 874
This landmark decision held that, in certain circumstances, requiring an applicant to return to their home country to make an entry clearance application would be disproportionate, mainly when there is little doubt that such an application would be successful.
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MA (Pakistan) and Ors v Secretary of State for the Home Department [2016] EWCA Civ 705
The court held that a child's best interests must be assessed independently of the parent's immigration status, even if the parent's unlawful status may be a factor in the overall decision.
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Zoumbas vs Secretary of State for the Home Department [2013] UKSC 74
This case highlighted that decision-makers should not separate the child's best interests from the overall immigration decision, and the child's best interests must be given proper weight.
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KO (Nigeria) and Ors v Secretary of State for the Home Department [2018] UKSC 53
The Supreme Court clarified that a child's best interests should not be determined based on their parents' conduct, even if the parents have a poor immigration history.
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R (on the application of Kaur) vs Secretary of State for the Home Department [2019] EWHC 339 (Admin)
The court underscored that the child's best interests should be considered in the context of the whole family's circumstances, including other siblings and the parents.
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PD & Others (Article 8 – best interests of the child) Sri Lanka [2011] UKUT 00483 (IAC)
This case highlighted that the child's best interests should be assessed with due regard for their need to grow up in a stable and loving family environment.
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Treebhawon & Others (NIAA 2002 Part 5A – compelling circumstances test) [2015] UKUT 00674 (IAC)
The Upper Tribunal examined the term "compelling circumstances" in relation to the seven-year rule, emphasising that it should be applied flexibly to protect the child's best interests.
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R (on the application of Chen) vs Secretary of State for the Home Department (Appendix FM – Chikwamba – temporary separation – proportionality) IJR [2015] UKUT 00189 (IAC)
The case reaffirmed that temporary separation of a child from their parent due to immigration reasons should be considered in light of the overall proportionality assessment.
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AB (Jamaica) vs Secretary of State for the Home Department [2019] EWCA Civ 661
The court emphasised that a child's best interests must be considered when assessing the proportionality of a parent's removal, even when that parent has a criminal history. These cases demonstrate the significance of the 7-Year Child Rule in UK Immigration Law and the importance of considering the child's best interests when making immigration decisions.
Find Your Answer
Frequently Asked Questions
- proof of your child's continuous residence in the UK,
- evidence of your relationship with the child,
- proof of your immigration status,
- evidence of financial support for the child, and
- documents demonstrating the impact of removal on the child.
Switching to a different visa category depends on your circumstances and the specific visa category you wish to switch to. It's advisable to consult with Kayani Legal for guidance on your eligibility and the process involved in switching visa categories.
Why choose Kayani Legal
Kayani Legal stands out as a trusted legal partner for those navigating private life applications under the 7-Year Child Route. Here are five compelling reasons to choose Kayani Legal for your immigration case:
Specialist Expertise in Complex Immigration Cases
- Our team has extensive experience with private life applications, including cases involving the 7-Year Child Route.
- We are well-versed in immigration laws, including Appendix FM of the Immigration Rules, and the best interests of the child principles under Section 55 of the Borders, Citizenship and Immigration Act 2009.
Tailored Strategies for Your Unique Circumstances
- Every case is different, and we provide customised advice based on your family's specific needs and situation.
- We meticulously review your case, ensuring that your application is presented in the strongest possible way, with all necessary documentation.
Proven Track Record of Success
- Kayani Legal has successfully assisted numerous clients in securing leave to remain under the 7-Year Child Route.
- Our proactive and detail-oriented approach significantly enhances the chances of success for our clients.
Focus on the Best Interests of the Child
- We understand the critical importance of highlighting the best interests of the child in private life applications.
- Our legal arguments are centred on protecting the child's welfare and stability, which is a crucial factor for Home Office decision-makers.
Transparent and Compassionate Service
- We pride ourselves on offering clear, straightforward advice with no hidden fees.
- Our team provides empathetic support throughout the process, keeping you informed and reassured during what can be a challenging time.
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