The 7-year policy has been made the 7-year rule in the Immigration Act 2004.
The relevant section in the Act is section 276ADE (1)(vi) This states that a person is entitled to leave to remain if
“…..is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK”.
The above rule whiles it applies to children; it is very relevant to the adult parents.
This is because if a child has to use the 7-year rule to obtain leave to remain, it means both their parents do not have leave to remain. In addition, a child cannot be expected to live in the UK alone. This means the parents of such a child can tag along to obtain leave to remain.
The Approach
The requirements are self explanatory and easy to provide evidence to prove how a child meets the requirements except the last part of the rule. This is proving to the home office that it will not be reasonable to expect the child to leave the UK.
We will discuss how to approach the child applicant first before we deal with the adult (parents) applicant.
The Child Applicant
The child applicant must prove the following;
Length of stay in the UK. A child born in the UK will be able to prove this by producing a birth certificate and a passport. This is because a child born in the UK with no leave to remain will not be able to travel outside the UK and re enters without visa.
Full integration in the UK Society. It is important to prove how the child has fully integrated into the UK society. This includes extracurricular activities the child may be involved in. For example bally classes, football rugby cricket etc.
Child’s Age. This can be important because a child born here until 7 years old must emphasise that they have spent 100% of their life here in the UK.
The child’s family life. A child may have father, mother, brothers, sisters, stepbrothers and stepsisters living here in the UK. This can be an important factor; as such relationships will impact a child’s life.
Stage in a child’s life. It is also worth mentioning the critical stage in the child’s personal development and education. A child who is 16 years old will be preparing for GCSE exams. It is therefore a critical stage in such a child’s life.
Minimal ties with the child’s country of origin. It is also worth mentioning the minimal ties a child has with their country of origin. It may well be that the child has never visited their country of origin and do not speak their native language.
Best interest of the child. It is worth noting that it is not the child fault to have lived in the UK without leave to remain. A child lives with parents where the parents have chosen to reside. The best interest of such a child must not be denied because of the choices the child’s parent has made.
The Adult (Parent) Applicant
It is important to mention here that the parents’ part of the application is outside the rules. The parent applicant applies under article 8 of the Human Rights Act 1998.
The test for the parent part is compelling and exceptional circumstances. This means the parent applicant must provide compelling factors and exceptional circumstances when making application under the 7- year rule.
The following can be presented to the Home Office but they are by no means exhaustive list-
The length of stay in the UK. Parent applicant must state where part of the time spent in the UK includes lawful residence.
Law Abiding. Parent applicant must state if they are of good character
English Language. Parent applicant must state if they speak the English Language and any other language
Self-Sufficiency. Confirm in the application that the parent is economically self-sufficient
If the above has been proven, it follows on that the parents’ dismissal from the UK will interfere with the parents’ family life in the UK contrary to the provision of article 8 of the Human Rights Act 1998.
The Proportionality Test
The next policy to consider is the Proportionality test under section 117B (6). This is a two -stage process
Does the parent applicant have genuine and subsisting parental relationship with a qualifying child? The answer is almost always YES.
Would it be unreasonable to expect the child to leave the UK? Answer – if the child has lived continuously in the UK, then it is unreasonable.
Parent applicant should be granted leave because to dismiss such a person will stultify the 7 -year rule for children.
If you have a child who has lived continuously in the UK for 7 years, you must contact our immigration experts on free phone number 0800 468 10 11. Our experts will help you to make the application. Call us today.
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