What is considered reasonable and unreasonable under the seven-year children rule?

No matter how old you are, the immigration process can be a daunting prospect. There can be a lot of stages to go through in order to obtain a Visa in the UK. So, just imagine doing that move when you are only a child. Seven years can be literally a lifetime for a small child. Therefore, the time they have spent in a country, be it the UK or somewhere else, is bound to shape their personality, culture and sense of identity.

Children are known as dependents. That means there are many decisions they cannot make on their own. Therefore, if their parents decide to move homes or countries, this implies that the children are going to be joining them wherever they end up. This brings us neatly onto the subject of what is widely known as the ‘seven-year’ rule for children.

What is the seven-year rule for children?

Paragraph 276ADE(1)(iv) of the UK Immigration Rules provides that a child may be granted permission to stay in the UK on the basis of their Article 8 right to a private life, as long as the following conditions have been fulfilled:

They are under 18
They have spent at least seven years continuously living in the UK, discounting any periods of imprisonment
It would not be reasonable to expect the child to leave the UK

The latter point of ‘reasonableness’ is what we will focus on in this blog post. The reality is, if the child’s parents do not have any separate right of their own – in accordance with the Immigration Rules –to remain in the UK, then the Home Office will almost certainly decide it would be reasonable to expect the child to accompany their parents back to the country of nationality. Indeed, in almost all ‘seven-year’ cases, the parents turn out not to have the separate right to remain in the UK, so it therefore almost always turns out to be the case that it is judged to be reasonable to expect the child to leave the UK.

What exactly does the relevant text in the Immigration Rules say?

The specific text of paragraph 276ADE(1) reads:

The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:

(iv) 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 can be understood alongside the Nationality, Immigration and Asylum Act 2002, section 117B(6), which reads:

In the case of a person who is not liable to deportation, the public interest does not require the person’s removal where-

The person has a genuine and subsisting parental relationship with a qualifying child, and
It would not be reasonable to expect the child to leave the United Kingdom.

Section 117B(1) defines a “qualifying child” as one who is under 18 and either a British citizen or one who has “lived in the United Kingdom for a continuous period of seven years”.

In the case of an immigration appeal, where someone meets the test that section 117B(6) sets out, their appeal should be, (but not always) successful, as removing them would be disproportionate under Article 8.

If you’re confused or uncertain about any aspect of the ‘seven-year rule’ and how it may apply to your case, Cranbrook Legal can help you get up to speed. Simply call our immigration lawyers today, on 0208 215 0053, for further information, advice and support.

Why was the seven-year rule introduced?

Immigrating to a new country can be a tumultuous event in the life of a child. That’s why the seven-year rule was brought in to provide stability, consistency and strong decision making.

To quickly uproot a child from their lives, including taking them away from their school, family and friends, could cause them considerable trauma. The UK Border Agency is legally required to safeguard and protect the welfare of children around the country. That’s why the rule itself acts as a child concession policy. However, there may be instances where it would be okay for a child to leave the UK. Tests can be conducted to understand the personal circumstances of the child and where it is best for them to be brought up.

When would it be “reasonable” to expect a child to leave the UK?

In some circumstances, it may be judged to be better for the child to immigrate from the UK with their parents and family. When a child is considered under the seven-year rule, tests will be conducted to see if they would be happier to stay in the UK with their parents, as they have already been doing over the previous seven years. This will include looking into their background and how they have integrated into British culture.

With that said, there may be some circumstances in which it is reasonable for a child to leave the UK with their families. For instance, if the child is part of a family unit from a different country, should the family decide to leave the UK to live in their home country, it is expected that the child will go with them.

Another reason could be in relation to the parents’ history with immigration services. In some cases, even if it was judged that the child’s best interests would be for them to stay in the UK, it is likely that the balance will come down in favour of the state, with the child ultimately being removed from the UK with the rest of their family.

Another reason could also be in relation to pre-settled status. When you obtain pre-settled status, you will only be able to leave the country for around two years before you lose it. If the parents end up losing their pre-settled status, and decide to return to their own country, it is very likely that the UK court system will decide that the child should be able to go with them. If you are unsure about your own immigration or pre-settled status, please feel free to reach out to our solicitors at Cranbrook Legal. They can help you understand whether or not you and your children may be able to remain in the UK under a visa or settlement scheme.

Can I leave my child with a carer?

In some cases, if you intend to return to your own country, there may be circumstances where you need to have your child remain in the UK. Of course, this type of decision is not to be taken lightly and will need to be discussed with your solicitor before you make an application.

However, you will be able to leave your children with a carer or family member that currently resides in the UK if there is a good enough reason to do so.

Some examples of these circumstances include:

The parents of the child are already British citizens; therefore, they will have the full rights of a UK resident. That means they can leave their child in the responsibility of a carer or trusted adult
There is nothing that states that relocation is unreasonable in the country-specific information
The child is currently undergoing a medical emergency and must remain in a specialised medical facility
The child has not objected to remaining in the UK
The family already has cultural and familial ties in the UK

If you and your children wish to go down this route, it is important that you seek legal counsel before you start on your application. That way, you can help make sure it is the right immigration pathway for you, and you can put your children’s best interests at heart.

When is it not reasonable to ask a child to leave the UK?

Of course, when it comes to the seven-year children rule, there are times when it is simply not reasonable to ask them (or their parents) to leave the UK. Instead, they will be offered a settled status or the righttoremain within the country.

As we have mentioned previously, children in this situation are required to undergo a test to learn more about their backgrounds and personal lives. The decision that they will be allowed to stay in the UK will depend on a number of factors. These include:

Any risks to the child’s health (i.e., through discontinuing treatments or access to medication)
Whether the child is in danger if they stay with their parents
If they have any other relatives in the UK
If the child is already a citizen of the country they intend to return to
Whether or not the child has already visited or lived long-term in a different country
The extent of their family in both the UK and their birth country
The cultural ties of the child
The ability to read/write/speak the English language or the language of a different country
Whether or not the child attended school in a different country

Once these factors have been considered, if it is determined that the child would be better suited to life in the UK, they will be offered the chance to live in the UK permanently. However, to do this, the child (and their parents) will need to apply under the rule or through a Family visa.

How does a young child apply to live in the UK?

If you believe that you and your children will be eligible to request to settle within the UK because of the seven-year children rule, it is important that you make an application as quickly as possible. A legal specialist from Cranbrook Legal can help you get started and ensure that the paperwork is filled out as efficiently as possible.

With that said, the paperwork will detail that you are applying to remain in the UK on the basis ofyour child’s private life. You will need to provide evidence that your child has lived in the UK for over seven years and has no intention of leaving to live elsewhere in the future. It must also be shown that the child applying is under the age of 18 years old.

If the application is successful, you and your child will be allowed to remain in the UK for around 30 months. However, this may be altered based on the personal circumstances of the family. You can also apply for extensions if you are a parent or child living in the UK under this rule.

From there, if you and your children remain in the UK and extend the stay, you can be placed onto the 10-year route, an application process that can grant you indefinite leave to remain once 10 years of continuous residency passes.

The potential role of Family visas

Don’t forget that you aren’t restricted to applying to stay in the UK through the seven-year children rule. You can also take a look at Family visas.

Family visas can be used by parents to apply to live in the UK in order to look after a child who is dependent on them. The child must be under the age of 18. They must also have been this age when you were first granted leave. If you are to obtain this visa as a parent, your child must already be living in the UK and be a British or Irish citizen, or have settled or pre-settled status.

If you want to come to the UK as a parent under the Family visa, you will also need to prove that you are an active participant in your child’s life. Evidence of this can be provided in various forms – for example, a letter from your child’s school that confirms you take them to school or go to parent evenings, or a letter from your child’s doctor or dentist that confirms you take them to appointments.

Other requirements include being able to financially support yourself, and having a good knowledge of the English language.

Your solicitor can help you with your Family visa application. Find out more by contacting Cranbrook Legal today, so that we can help you get started with your application.

Trust Cranbrook Legal to help with your Family visa

Whether you want to look into the seven-year children rule or you wish to apply for a Family visa, Cranbrook Legal will be here to support you every step of the way. We understand that the immigration process can be daunting. That’s why you need an immigration specialist to help you take the right steps and maximise the likelihood of a positive outcome.

Ourcentral London-based team will always listen to every request you make about your visa or immigration case. Our highly professional solicitors will ensure that all your evidence and additional files are documented before your application is sent off. Whether you are rejected or allowed to reside in the UK, your legal specialist will be there to support you.

Find out more about how our legal team can help by calling us today on 0208 215 0053. We look forward to helping you with your immigration application soon.

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