PHONE NUMBER

+44 7853 844688

EMAIL ADDRESS​

info@kqsolicitors.com

5 Years Child Immigration Rule 2022 | Continuous Residence Guide

5 Years Child Immigration Rule 2022 | Continuous Residence Guide

The 5-year child immigration rule 2022 is the new policy for children who have lived in the UK for the last five years, even if their parents’ legal status is uncertain. The concept of continuous residence is the key to applying this policy. Any break in residency in the last five years increases the risk and leads to rejection. 

In addition, this policy aims to provide valuable status to the kids facing any difficulty in their lifestyle. It gives you the right place to establish yourself in the new community with all the legal rights. The details of this process are shown below. 

Why is the 5 Years Child Immigration Rule 2022 Important?

The 5-year child immigration rule 2022 is essential for several reasons that are given below:

  • It aims to tie strong bonds in the UK.
  • It claims to provide a better lifestyle with excellent stability and safety. 
  • You will get all the legal rights as it ensures permanent residence.
  • It prevents the concept of birth tourism.

What Is The Eligibility Criteria?

Each country has its requirements, policies, and criteria, and some of the UK 5 years child immigration rule 2022 criteria are given below:

  • Children who want to apply for this process must have evidence of continuous residence. 
  • In some cases, if kids do not have constant residency and their parents have, they can get the chance to provide evidence of parental residency. 
  • You need to provide proof of residency, such as your bills, employment records, school records, and rental agreements.
  • Under exceptional circumstances, some countries have exceptions for humanitarian reasons. 

Documents Required

The following documents are required to apply for 5 years of child immigration rule 2022:

  • Current passport.
  • A valid ID card is needed to show your identity is discernible.
  • Valid biometric residence permit (BRP).
  • All passports that you have whenever you travel to the UK. 
  • The life in the UK test is not mandatory, but if required, then it is provided. 
  • The documents you submit are not in formal language: first, translate them and then submit them. 

How Does It Affect Families?

5 years child immigration rule 2022 affects families in the following ways:

  • Families face financial problems to fulfill healthcare, study, and housing requirements. 
  • The certainty and the fear of separation of the kids affects the parents emotionally. 
  • In case of meeting residency requirements, kids found residences far from the school, which impacted their education. 
  • Families need legal assistance for family navigation as they do not allow their kids to move alone, and they need an immigration lawyer. 

What Is The Impact Of 5 Years of Child Immigration?

5 years child immigration Rule 2022 impacts positively and negatively both: 

Positive Impact

Following are the positive impact of 5 years child immigration rule 2022: 

  • To fulfill the resident period, smiles have to integrate themself into the new community with the whole family, and they learn a lot in a new environment and create a new community. 
  • Moreover, non-EEA kids move to the UK for higher education and good health care. Due to limited resources, they must perform social services while applying this process to free them from social services. 
  • People go to the UK for childbirth to get citizenship in the UK, but this process prevents it. It is only for those kids who fulfill the requirements of this process. 

Negative Impact 

Following are the negative impact of 5 years child immigration rule 2022: 

  • The kids must leave their country and cannot meet their family members to meet residency.
  • Families often try to navigate, which becomes lengthy and time-consuming.
  • Under 18, kids are not mature enough to learn how to settle in another country if their parents do not have legal status, and many kids face statelessness. 

Challenges & Controversies

The process has the following challenges and controversies: 

  • In a few cases, the UK government refuses to give these kids citizenship by saying they are immature.
  • Kids are unable to meet their parents to fulfill the residency requirements.
  • Immigration authorities, when they find difficulty in verifying your evidence and documents, lead to delays and rejection.
  • Local families face problems with language tests, and their communication is inaccessible to the immigration officers, causing rejection.
  • To find residency in an emergency, families have to obtain unconventional residences. 

Solution of these problems

The process has the following solutions to challenges and controversies: 

  • Before applying, you need to understand the process of application. In case of confusion, consult with immigration officers and seek their advice.
  • If you cannot read English and think immigration authorities can not understand your language, try to submit documents in multiple languages. 
  • People with limited resources have to search a lot to get a residence of their type that is not too expensive. 

Citizenship After ILR

After being guaranteed, kids get ILR; after twelve months of ILR, they are eligible for citizenship. With this citizenship, they can have the opportunity to travel anywhere in the UK, apply for a passport, and get a free, fully-funded education. Requirement to get citizenship for kids:

  • Must have 12 months old indefinite leave to remain and five years continuous residency. 
  • Birth certificate.
  • A passport that you use to travel in the UK.
  • You must have guardian evidence. 

Conclusion

To conclude, the 5 Years Child Immigration Rule 2022 is crucial for the assistance of overseas kids who are under 18 and have been living in the UK for the last five years. Kids can apply for immigration status if their parents have legal status. It is to ensure that kids can get the right to live in the UK with peace and stability, and the government of the UK will support these kids. Kids can get the chance to study and work there without having asylum violence. It is a way to establish a new life in the UK peacefully. Understand the criteria and other requirements to navigate your family successfully in the UK. 

(FAQs)

How can a child apply under the five-year immigration child rule?

If you want to apply, get an application form online and submit it. Before applying, check the given requirements and the rules to avoid rejection. The primary requirement is the continuous residence of the child who will apply for this application. 

Do the parents need legal status for the child to qualify for these rules?

The rule is introduced to protect the child, and they can apply for their well-being if their parents do not have legal status. Children who are facing difficulties in their lives while living in the UK because of their lack of legal status are allowed to apply under this rule. You need to fulfill the eligibility criteria and other conditions if you can meet the policies that must apply. 

What does continuous residence mean under this 5-year immigration rule?

Under this rule, continuous residence means that the child was there throughout the previous five years. This claims the child never goes out of the country on holidays and does not visit the home country. Because continuous residence is the main criterion of these five-year immigration rules, if you move from the UK, it will affect your eligibility criteria. 

To whom does the 5-year immigration child rule apply?

The five-year immigration child rule applies to children under 18 who have been in the UK for five years. The rules apply to these children due to the uncertain status of their parents’ immigration. Moreover, they are intended to provide safety and stability for the children’s welfare. 

Share This Post:

Leave a Comment

Our Head Solicitor
Khurram Amir Qureshi

Khurram Amir Qureshi has been an advocate of Pakistan since 2004, a Solicitor of England and Wales since 2009, Solicitor of Ireland since 2015. He has extensive experience in family law, Immigration law, Personal injury cases, and Civil and Commercial litigation gaining over 13 years of continuous practice in England and Wales.

Recent posts
Follow us on
Get Expert Advice From Our Legal Team