7 Years Continuous Residence By A Child In The UK
The New 7-Year Child Immigration Rule: Key Changes and Pathway to Indefinite Leave to Remain (ILR)
The 7-year child immigration rule in the UK is a significant provision for children who have spent a substantial part of their lives in the country. Recent changes, particularly the update introduced on 20th June 2022, have made it easier for children who have lived in the UK for a significant period to apply for Indefinite Leave to Remain (ILR), thus opening up faster routes to permanent residency.
In this article, we will delve into the details of the new 7-year child immigration rule, the 7-year child private life route to ILR, and how to transition from ILR to British citizenship once eligible.
Key Changes in the New 7-Year Child Immigration Rule
The recent updates to the private life immigration rules have brought about significant improvements in the pathways to Indefinite Leave to Remain for children. Here’s a breakdown of the changes introduced on 20th June 2022:
1. Child Born in the UK – 7-Year Route
A child who was born in the UK and has lived continuously in the UK for 7 years can apply for settlement (ILR) immediately after meeting this requirement. This offers a faster route to settlement for children who have been born and raised in the UK and have established strong ties to the country.
2. Child Who Came to the UK – 7-Year Route
A child who came to the UK and has been continuously residing in the country for 7 years can now apply for ILR after 5 years of residence if they have been granted leave to remain based on their private life.
Additionally, the rules apply to young adults between 18 and 25 years who arrived in the UK as children. For these applicants, they must have spent at least half of their life in the UK to qualify for this route.
These changes are intended to speed up the process of obtaining ILR, which typically requires 10 years of residence under the usual rules. This means that the 7-year child concession policy introduced in 2021 has now become a permanent fixture in the immigration rules.
7-Year Child Private Life Route to ILR Requirements
The 7-year child private life route allows children who have established a private life in the UK to apply for Indefinite Leave to Remain (ILR). To qualify for this route, applicants must meet several important criteria:
1. Continuous Residence Requirements
To apply under the 7-year child private life route, the applicant must meet one of the following conditions:
•Born in the UK: The child must have been born in the UK and lived continuously in the country for at least 7 years.
•Arrived in the UK as a child: The applicant must have arrived in the UK before the age of 18 and must meet these additional conditions:
•Have been granted a visa on the basis of private life when aged between 18 and 24.
•Have lived in the UK for 5 continuous years on a private life visa.
2. English Language Requirements
Applicants must meet the English language requirement. This can be demonstrated by:
•Passing an approved English language test at CEFR level B1 in speaking and listening.
•Alternatively, the applicant can meet this requirement if they hold a degree taught or researched in English. If the degree was obtained outside the UK, certification from UK NARIC will be needed to confirm the degree’s equivalency.
3. Time on Private Life Visa
Applicants must have held a private life visa for at least one year before applying for ILR. The Home Office rules allow the inclusion of time spent in the UK on any other visa type that led to ILR, as long as the applicant can prove continuous residence and legal status.
British Citizenship After ILR
Once a child has been granted Indefinite Leave to Remain (ILR), the next logical step for many applicants is to apply for British citizenship. Here are the key requirements for applying for British citizenship after obtaining ILR:
Eligibility for British Citizenship
To apply for British citizenship for your child, the following conditions must be met:
1.Residence Requirement: The child must have lived in the UK for at least 5 years before applying for citizenship and held ILR status for at least 12 months.
2.Good Character: The child must meet the Home Office’s good character requirement. This includes background checks to ensure the applicant has not committed any serious crimes or breached immigration rules.
3.Proof of Identity and Relationship:
•The child will need to provide a full birth certificate.
•Any passports used to gain entry to the UK and any subsequent passports must be provided.
•If applicable, a marriage certificate or civil partnership certificate of the parents will need to be submitted.
•Evidence of guardianship (e.g., a deed, will, or court order) may also be required if the child is in the care of a legal guardian.
4.English Language and Knowledge of Life in the UK: The child will need to meet the English language requirement and pass the Life in the UK test, unless they are exempt (for example, due to age).
Application Process for British Citizenship
Once your child meets the above requirements, you can begin the application process for British citizenship:
1.Complete the Application Form: The application can be completed online or by post, and will require supporting documents like the child’s passport, birth certificate, and evidence of ILR status.
2.Attend an Interview (if required): In some cases, the Home Office may require the child to attend an interview to assess their eligibility.
3.Citizenship Ceremony: If the application is successful, the child will be invited to attend a citizenship ceremony. During the ceremony, the child will take an oath of allegiance to the UK and receive their certificate of British citizenship.
4.Apply for a British Passport: After receiving British citizenship, your child will be eligible to apply for a British passport, which grants the freedom to travel internationally without restrictions.
What to Do if the Application is Refused
If the ILR application or British citizenship application is refused, there are options to challenge the decision. This could include:
•Appeals: In some cases, you may have the right to appeal the decision if the Home Office makes an error in law or fact.
•Judicial Review: If an appeal is not possible, you may consider seeking a judicial review of the decision in court, especially if you believe the decision was unfair or unlawful.
How We Can Help You
Applying for ILR under the 7-year child immigration rule and transitioning to British citizenship can be a complex process. Our team of immigration solicitors at [Your Firm Name] are here to help guide you through every step of the process, ensuring the application is correctly completed and supported by the right evidence.
We can assist you with:
•Eligibility assessments
•Document collection and preparation
•Application submission
•Appeals and judicial reviews (if necessary)
Contact Us Today
If you believe your child qualifies for ILR under the 7-year child immigration rule or you need assistance with applying for British citizenship after ILR, contact us today. Our experienced immigration lawyers will work with you to ensure the best possible outcome for your case.
Call us now or fill out our contact form, and one of our experts will get in touch to discuss your case in more detail. Let us help you secure a permanent future for your child in the UK!