Seven Year Child/10 Year Parent Human Rights Application

These are both essentially human rights applications based on Art 8 of the Human Rights Act. They provide a route to regularise your stay.

What are the 7 year Child and 10 year Parent Applications

The Immigration Rules state that a child who lived continuously in the UK for at least 7 years may qualify for limited leave to remain if it shows that it would not be ‘reasonable’ to expect the child to leave the UK.

The 10-year parent route provides a basis on which leave to remain can be granted to a parent who has sole responsibility for or direct access to a child and who has lived in the UK for a period of 10 years.

Requirements

A parent and a child who have both lived in the UK for 7 years continuously can apply to get limited leave to remain in the UK.

They would need to show

  • The child is below 18 years of age on the date of application;
  • Is living in the UK;
  • Has lived continuously for 7 years in the UK (discounting any period of imprisonment);
  • It would not be reasonable to expect the child to leave the UK; and
  • The Best Interest of the child lies in the UK
  • The child has not formed an independent family of his own and is still dependent on the parent

A child can apply under the private life route if the child has lived continuously in the UK for at least 7 years and it is proved that it would be unreasonable to expect that the child to leave the UK.

In 2012 the new rules were officially ratified into the UK immigration rules and now it requires enough evidence to be submitted along with 7 years residency to prove that it would not be reasonable to expect the child to leave the UK.

The 7-year rule allows a child 30 months stay in the UK and then needs to be extended before his/her 30 months stay in the UK is over.

Indefinite leave is possible after 10 years on limited leave to remain.

This is a complicated area of law with a heavy documentation requirement and requires particular attention and expertise. At London Solicitors our specialist immigration solicitors can help you gather the necessary documents and create effective human rights applications. Remember the onus of proof in justifying that it would be unreasonable to expect the child and the parent to leave the UK is on the applicant.

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