If a child enters the UK on a visa and they have lived in the UK for a continuous length of 7 years, they might be able to switch to a private life route in order to stay in the UK.
The parent of the child who is granted a stay under private life route can also apply for a stay on the basis of family life in the UK.
An application under the private life category can be submitted by the child alone or the application can be submitted jointly with the parent.
Validity
The applicant child must complete the relevant form which in this case is an FLR (FP) form. The applicant must pay the relevant fee associated with the application.
The validity requirements can be waiver in case the claim is made under the Article 8 of the ECHR at the same time as a protection claim or further submissions after a protection claim is refused. When the applicant is in detention or during a appeal.
Continuous Residence
The period of 7 years child's continuous residence is broken if any of the following apply:
- The child has been absent from the UK for more than 6 months at a time; or
- The child has spent a total of 550 days or more outside the UK during the period of continuous residence; or
- The child has been deported, removed, or has left the UK following an application for permission to enter or stay in the UK refused; or
- The child left the UK with no reasonable expectation when they left that they would lawfully be able to return to the UK
Children born in the UK who meet the continuous residence requirement can apply for Indefinite Leave to remain by completing the form child settlement
Reasonable Test
Once it has been established that the child is continuously resident in the UK for the 7 years period, they must prove that it is not reasonable for them to be removed from the UK. The Home Office guidance confirms that the consideration for reasonability is based on facts -
- How old is the child
- whether the child has ties to the UK including relationships with other family and friends whose lives are established in the UK
- who the child would be expected to leave the UK with – it is normally in the best interests of the child for the family to remain together
- whether they have family and friends in their country of return
- whether they have ever visited the country of return, for how long and when
Therefore, the applicants who can prove that the child has significant ties to the UK and they are socially and culturally integrated in the UK.
The evidence can be –
- Letters from school or teachers
- Letters from friends and their families;
- Letters extra-curricular activities
- Any charity the child may have contributed to
- Any research the child is a part of
- School reports showing the educational ties the child has;
- Any other medical or mental health report relevant to the facts
The evidence generally depends on circumstances on the date of application and all the evidence should be presented to prove that the child's welfare lies in the UK and it is not reasonable to remove the child from the UK.
Best Interest of the child
Borders, Citizenship and Immigration Act 2009 - Section 55 requires the Home Office to have regard to the best interests of the child as a primary (but not the only or the paramount) consideration, as reflected in case law, in particular, ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4.
Also, the findings in the Court of Appeal case of Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661 reflects, where the relevant child is a qualifying child (a British child or a child who has lived in the UK for 7 years in a row), it will be unjustifiably harsh to refuse the application for a parent if:
- There is a genuine and ongoing parental relationship to the qualifying child; and
- It is not reasonable for the child to leave the UK
Applying for permission to stay as a parent of a child who has continuously lived in the UK for 7 years
The applicant parent can apply online from within the UK. They need to pay the application fee of £1,321. They may also have to pay a healthcare surcharge of £1,035 per year.
They may apply for an application fee waiver in certain situations.
They will be required to attend an appointment to provide their biometrics (their fingerprints and a facial photograph).
The applicant will be required to provide certain supporting documents:
- Proof of relationship with their child, such as a birth certificate or adoption papers;
- Proof of the Child's UK residency status, such as a passport, BRP card or e visa documentation;
- Financial Evidence, such as payslips, bank statements, or tax returns to meet the maintenance and accommodation requirement;
- Proof of proficiency in the English Language (if applicable), such as an IELTS certificate or a degree taught in English;
- Accommodation Details (if applicable), such as a rental agreement or utility bills
A person applying for permission to stay as a parent from inside the UK will usually get a decision within 12 months. They may be able to pay for a faster decision.
If their application is approved, they will get an eVisa (an online record of a person's immigration status).
They can also add other children to their application as dependants.
Summary
A child who has spent 7 years in the UK and can prove that it is not reasonable for them to leave the UK can apply for a stay under private life rules. The parents of the child in the UK seeking permission to stay as a parent under the family route may be allowed to live with their child who is under 18, has lived in the UK for 7 years in a row, and it would be unreasonable for them to leave the UK. Applicants must demonstrate they have a genuine and ongoing parental relationship with the child and fulfil specific eligibility requirements, including financial capability, adequate accommodation, and active involvement in the child's upbringing.