The private life immigration rules allow a person to remain in the United Kingdom after a lengthy period of residence if they have established a private life and it would be unreasonable for them to leave.

Under the 7-year child private life route, a child (under the age of 18) who has continuously resided in the United Kingdom for 7 years may apply for a private life visa. Under this route, the Home Office will normally grant a private life visa for five years, following which ILR can be applied for. It is important to remember that a child born in the UK can immediately apply for ILR after 7 years of residence; the 5-year minimum applies only to individuals who entered the UK as a child.

Why 7 years for a child?

When the seven-year child concession was incorporated into the Immigration Rules, the explanatory notes accompanying that change (paragraph 7.6 of HC194) stated:

‘The key test for a non-British citizen child remaining on a permanent basis is the length of residence in the UK of the child – Which the rules set at least the last seven years, subject to countervailing factors. The changes are designed to bring consistency and transparency to decision-making’.

When the child's parents have a poor immigration history and the child would leave the UK as part of a family unit, the majority of Home Office decision-makers and some judges believe that, regardless of the child's best interests, the balance should come down in favour of the state, resulting in the child's removal from the UK with the rest of their family.

Seven years is a long time for a child, and in the vast majority of circumstances, a child who has lived in one place for that length of time will have little or no recall of a life lived elsewhere. In the vast majority of cases, it is against the child's best interests to remove them from their friends, school, and all that they know.

Requirements to apply a 7-year route for a child

To make a successful application for a child 7-year private life visa, applicants must be:

• under 18
• present in the UK
• have lived continuously in the UK for at least 7 years, and it must be considered unreasonable by the Home Office to expect the child to leave the UK.
• A child born in UK 7-year route: a person who was born in the UK can apply for settlement (ILR) immediately after living in the UK for 7 years.
• A child who came to UK 7-year route: a person who came to the UK as a child and who has been continuously resident here for 7 years and gained permission to remain based on their private life can now apply for settlement after 5 years. Young adults between 18 and 25 years who arrived in the UK as children must have spent half of their life in the UK.

This private life rule allows children and young adults to get settlement faster than the normal 10-year-long residence rule for children.

Settlement Requirement

In accordance with the Home Office's 7-year rule, it is also possible to count time spent in the United Kingdom on any other type of visa if it leads to ILR. At the time they submit their ILR application, applicants must have held a private life visa for at least a year.

To qualify for the 7-year private route to ILR as a child, applicants must:

• been born in the UK and have resided in the UK for a continuous period of at least 7 years, or
• arrived in the UK as a child and meet all of the following conditions:
• first granted a visa on the basis of a private life when aged between 18 and 24
• arrived in the UK as a child
• have lived in the UK for 5 continuous years with a visa
• Pass the Life in the UK test (if aged between 18 and 64 years)
• The applicants (if aged between 18 and 64 years) have an English language qualification of CEFR level B1 in speaking and listening or have a degree taught or researched in English.

For experienced advice and support with an application for a 7-year child visa, please contact us at 0203 865 6219 or send us a message.