7 year rule for children
The "7-year rule" in the UK's immigration system allows children who have resided in the UK continuously for at least 7 years to apply for indefinite leave to remain (ILR), essentially permanent residency. This rule applies whether the child was born in the UK or entered the UK as a child.
Key Points:
- Continuous Residence: The child must have lived continuously in the UK for at least 7 years.
- Age: The child must be under 18 years old.
- Current Residence: The child must be residing in the UK at the time of application.
- Private Life: The application is typically made under the private life rules, which considers the child's ties to the UK and whether it would be reasonable to expect them to leave.
- No "Powerful Reasons" Presumption: While the 7-year rule is a significant factor, it does not automatically guarantee ILR. The application still needs to be assessed based on all relevant factors, and there is no longer a presumption that leave will be granted unless there are "powerful reasons" to the contrary, according to Free Movement.
In Summary:
The 7-year rule provides a pathway to ILR for children who have built a significant life in the UK and demonstrates that it would be unreasonable to expect them to leave. This rule, along with the private life rules, allows the UK immigration system to consider the child's individual circumstances and best interests.
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