In order for a child under the age of 18 to apply under the private life route, it must be proven that it is not reasonable for that child to leave the United Kingdom.
VISA REQUIREMENTS FOR CHILDREN UNDER 7 YEARS OLD
The child must meet the following criteria in order to be eligible for the private life route under immigration rules.
- Currently, the child is living in the United Kingdom
- Be under the age of 18 at the time of entry.
- Has lived in the United Kingdom for at least seven years (discounting any period of imprisonment)
- In this case, it would be unreasonable for the child to leave the United Kingdom.
However, it’s important to note that this isn’t an automatic grant of leave, and that evidence must be provided to show that it would be unreasonable for the child to leave the country after seven years of residency. If the child’s application is successful, many factors, including but not limited to consideration of the child’s best interest, immigration status, financial circumstances of the parent(s), the country to which child is required to go, medical conditions or any special needs, the well-being and psychological impact on the child’s life, etc. are taken into account. Immigrants who have been in the UK for a minimum of 10 years can apply for Indefinite Leave to Remain (ILR) under the 10 years route, which grants the right to remain for 30 months.
Appendix FM of the Immigration Rules contains provisions for single parents to apply under the parent route in the immigration process. Parents of a child who has lived in the United Kingdom for seven years are not eligible for leave under the Immigration Rules if neither parent has status and the parents are still living together. However, in some cases, it may be appropriate for the parents to apply for leave outside of the regulations. Most of the time, the family should be granted leave in accordance with the private life route if the child is deemed eligible.
QUESTION AND ANSWER
Q: HOW CAN I SHOW THAT THE CHILD SHOULD NOT LEAVE THE UK?
A: These include the child’s age and time spent in the UK, inability to pursue the same level of education, inability to speak the native language, medical conditions that may require better care in the UK, psychological impact, etc.
Q: MUST THE CHILD BE BORN IN THE UK TO QUALIFY?
A: This is a common misconception. To qualify for this route, the child must have lived in the UK for 7 years and pass the unreasonableness test.
Q: HOW DO I APPLY FOR A 7-YEAR-OLD CHILD?
A: The FLR(FP) form is used to apply for the child 7 private life route. Applicants should seek legal advice before submitting their applications, as this is a complex process requiring expert knowledge to ensure maximum success.
Q: CAN I TAKE SHORT BREAKS DURING MY 7 YEAR RESIDENCY?
A: The Immigration Rules do not define ‘continuous period’ so strictly, allowing applicants to spend up to six months outside the UK without breaking the seven-year requirement.
Q: WHY WAS MY APPLICATION DENIED?
A: There is usually an appeal right unless the Home Office certifies the claim as clearly unfounded. Unreserved appeal rights are available to applicants.