Are you considering having children in the UK but need clarification on what the law states? In this blog post, we are going to share all the latest information about the 7 Years Rule for Child Born in the UK. Through this comprehensive guide, you’ll learn about immigration rules for a child born in the UK. That includes whether they are eligible for citizenship and naturalization rights. So, if you’re looking for answers and clarity on these matters, read on!
What is the 7-Year Rule for Children Born in the UK?
The 7-year child rule refers to a provision in the UK Immigration rules. It allows a child born in the UK who has lived there for at least 7 years to apply for leave to remain based on their private life. The Home Office considers various factors when deciding on the child’s application for leave to remain.
What is the New 7 Years Child Rule 2022?
Under the new rules of the Private Life Immigration Policy, introduced on June 20, 2022, children and young adults may gain settlement in significantly less time than previously expected.
According to category:
Children Born in the UK
A child born in the UK and living for 7 years can apply for Indefinite Leave to Remain (ILR).
Children Born outside the UK
A child born outside the UK may apply for ILR after 5 years of continuous residence with permission to remain based on their private life. Young individuals between 18 and 25 must have lived in the UK for at least half their lifetime.
These changes make the 7-year child concession policy introduced in 2021 a permanent feature of the immigration rules. These timeframes are considerably shorter than the usual 10-year residence rule applicable to children. Thus, allowing them to gain settlement at a much faster rate.
What are the Requirements for the 7 Years Rule for Child Born in the UK?
To be eligible for the 7 Years Rule for Child Born, the child must fulfill/meet the following requirements. The child:
- Must have been born in the United Kingdom.
- Must be under the age of 18 when applying for residency.
- Must have lived in the UK continuously for at least seven years, with no more than six months of absences.
- No serious criminal convictions must be on the child’s record.
- Must be of good character and have a solid connection to the UK, including solid family ties.
- They must also show that they can meet all other immigration requirements, such as not being a burden on the state.
- Further have adequate English language skills
- The child must have proof of residence in the UK, such as school records or work history.
- Must be able to show that they need to stay in the UK in their best interests.
The Home Office must consider whether the child will likely have a positive future in the country if they grant the child leave to remain.
Finally, any family members of the child who apply for residence status on behalf of the child may be required to meet immigration requirements.
Possibilities for Immigration Status for Children Born in the United Kingdom
Depending on their parents’ nationality and legal status, children born in the UK are eligible to apply for various immigration statuses. The following are the most common paths children can take to gain residency.
- British Citizenship by Birth – If at least one parent is a British Citizen, this is automatic.
- Settled Status – Those born in the UK can apply for this. And whose parents have been legally resident in the UK for at least 5 years.
- Discretionary Leave to Remain – This option is available if both parents are foreign nationals with existing leave that is about to expire.
- Exceptional Leave to Remain – If the family faces extraordinary hardship, you can request this. And would face serious harm or persecution if they returned to their home country.
How Much is the Cost of the Home Office Application for Years Rule for Child Born Application?
The current application fee is £1,067.20, which covers the mandatory biometric fee of £19.20 per applicant. You can pay the fee online, which applies to each applicant.
How to Become a British Citizen?
Becoming a British citizen is possible after living in the UK for 5 years. After you have held Indefinite Leave to Remain (ILR) for 12 months, you can apply to naturalize as a British citizen. This process allows those eligible to access the privileges of citizenship and all its associated rights.
What are the Requirements for British Citizenship after ILR?
To gain British Citizenship after ILR, you must meet specific criteria set by the Home Office. These requirements include:
- You must have continuously lived in the UK on a valid visa for at least five years.
- You must have passed the Life in the UK test and proved your knowledge of the English language
- Must have held a valid ILR visa for at least 12 months before applying for citizenship.
- Must prove that you are of good character.
- Must show that you intend to make the UK your main home.
- If you meet all these requirements, you can apply for British Citizenship.
What Conditions Are Not Reasonable to Expect a Child to Leave the UK?
According to the Home Office, Caseworkers must consider the following criteria when determining whether expecting a child to leave the UK would be reasonable.
- Risk to the child’s health, considering any courses of treatment that may not be available abroad;
- Whether the child can travel with their parents;
- Any existing family ties in the UK;
- The child’s citizenship status of the country they may return to;
- If they have previously lived or visited that country;
- Presence of family and friendship networks abroad;
- Cultural ties and understanding of the culture;
- Ability to speak, read, and write a language spoken in that country;
- Any history of schooling or education abroad.
Can I Acquire UK Citizenship Through My Child?
The answer to this question is no; parents cannot gain British citizenship simply through their children. However, a child may be eligible to apply for UK citizenship. If one of their parents holds British citizenship or has indefinite leave to remain in the country.
Notably, even those born inside the UK do not automatically acquire British citizenship. But a parent may be able to apply for leave to remain. If your child has British citizenship or has lived there for at least 7 years, you can get ILR. So, this could then become the first step towards naturalizing as a British citizen. Possible only when you have obtained indefinite leave to remain after 5 years.
Can You Apply to Remain as a Parent If Your Child is Not a British Citizen?
Suppose your child is not a British national or has not been residing in the UK for at least seven years. In that case, you may still be eligible to apply for parental leave in the country. This can be done by creating a human rights-based application. It is based on your right to family life as outlined under Article 8 of the European Convention on Human Rights.
Such applications are complex and challenging. It requires you to prove that removing you from the UK would constitute an unjustifiable breach of your family life. You should demonstrate strong connections to the country. Also, identify how a departure would negatively influence your child’s well-being. If successful, you will get permission to continue living in the UK as a parent.
How Can KQ Solicitors Help?
KQ Solicitors can provide comprehensive immigration services to clients seeking settlement in the UK. It includes obtaining Indefinite Leave to Remain (ILR) through the private life route. Our immigration solicitors can:
- Conduct an eligibility assessment to determine whether you or your child are eligible for ILR under the private life route.
- Advise on any alternative routes to ILR that may be available to you. That includes the EU Settlement Scheme or other immigration options.
- Besides, prepare and submit your ILR application on your behalf or that of your child. They ensure that you submit all the required documents accurately.
- Provide guidance on overcoming any eligibility issues that may arise during the ILR application process.
- Act as your representative and communicate with the Home Office on your behalf. Further, they respond to any queries or requests for additional information.
FAQs
Can you get UK citizenship after 7 years?
ILR can be a pathway to British citizenship. You can’t get British citizenship simply by living in the UK for 7 years. However, those who have lived in the UK continuously for at least 10 years may be eligible to apply for ILR.
Does London give citizenship by birth?
You are usually a British citizen if you were born in the United Kingdom on or after January 1, 1983. If either of your parents were British citizens or had ‘settled’ status in the UK, then you were born with a claim to British citizenship.
Do I need to pay for the Immigration Health Surcharge?
Yes, you must pay the Immigration Health Surcharge (IHS), a fee of £1,560 for the entire length of your visa. Failure to pay the IHS fee will result in the rejection of the application. The Home Office caseworker will reject it. Moreover, they will not consider your application.
Who is eligible for the 7-year rule?
Children who have lived in the UK continuously for at least seven years and meet specific other requirements may be eligible for the 7-year rule.
Can parents of eligible children also apply for permission to remain in the UK?
Parents of eligible children may be able to apply for permission to remain in the UK. But their eligibility will depend on several factors, including their immigration status and relationship with the child.
What happens if a child is not eligible for the 7-year rule?
Suppose a child is not eligible for the 7-year rule. In that case, they may still be able to apply for permission to remain in the UK under other provisions of UK immigration law.
How long does the application process take?
The application process can vary depending on the individual circumstances of the applicant and the complexity of their case. It usually takes 6-12 weeks. Sometimes, the process can take several weeks or even months to complete.
What happens if an application is denied?
The applicant may have the right to appeal the decision if an application is denied. And can make a new application under different circumstances.
Are there any fees associated with the application process?
You must pay fees when applying for permission to remain in the UK. However, these fees can vary depending on the type of application. Besides, it also depends on the individual circumstances of the applicant.
Conclusion
Well, we discussed all 7 years of rules for children born in the UK. It provides valuable insights for individuals who have children in the UK. By understanding this law, you can plan and decide per your requirements. The 7-year rule is an important concept to consider when living or working in the UK with a child born in the UK. With proper knowledge of the seven-year rule, you can ensure that your child is eligible for permanent residence in the UK. If you have any questions regarding this rule, contact KQ Solicitors for information and advice.
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