Currently a child may apply to remain in the UK on permanent basis under this rule, if the child:
- Is under 18 years old,
- Is in the UK,
- Has lived continuously in the UK for at least 7 years, and
- It would not be reasonable for the child to leave the UK.
The factors relating to reasonableness to leave that are taken into account include:
- any significant risk to the child’s health, for example, where a child is undergoing a course of treatment for a life threatening or serious illness and treatment would not be available in a country to which he or she would be returning;
- whether it would be reasonable for the child to return with his or her parents;
- any wider family ties in the United Kingdom;
- whether he or she is a citizen of the country he or she may return to;
- whether he or she has previously visited or lived in that country;
- any family and friendship networks there;
- any relevant cultural ties there and whether the child understands that culture having been part of a diaspora here;
- his or her ability to speak, read and write a language spoken there;
- whether he or she ever attended school in that country.
If successful, limited leave would be granted for up to 30 months. You can then apply for an extension by making an application for renewal.