leave to remain

Can children apply for leave to remain after 7 years of residence in the UK?

Paragraph 276 ADE of the immigration rules states that a child may be granted permission for Leave to Remain in the UK if they have been a resident in the UK for at least seven years. Under these circumstances, the home office nearly may grant permission for Leave to Remain if the child:

  • Has lived in the UK for at least seven years
  • It is expected they stay in the UK
  • They are under the age of 18

You can apply for your child toward discretionary Leave to Remain after residing in the UK for more than seven years. Under these circumstances, the UK border agency will allow the child 30 months of Leave to Remain. After that, they can apply for Indefinite Leave to Remain after residing in the UK for ten years.

The requirements to be able to apply for leave to remain are: 

  • The individual has not breached immigration rules and does not have a criminal record.
  • Prove that they can reasonably speak the English Language.
  • They do not leave the UK for more than 180 days within 12 months.
  • Passing the life in the UK test

To find out more about applying for Leave to Remain or Indefinite Leave To Remain, contact one of our experienced immigration solicitors now.

Perks for parents 

As a parent, you can apply for leave in the UK to look after your child under 18. If you share parental responsibility with the other parent, they must not be your partner. But they must either:

  • Be a British or Irish citizen.
  • Have settled in the UK or have indefinite leave to remain in the UK, settled status or proof of residence.
  • Be from the EU, Switzerland, Norway, Iceland or Liechtenstein. Have pre-settled status and living in the UK before 1 January 2021

If your child does not live with you and with the other parent, you must prove you have contact with your child and an agreement with the other parent or court order.

What evidence you will have to provide

It is necessary that you can prove that you play an active role in taking care of your child and their upbringing, and you intend to carry this on after applying. The evidence should be:

  • Proof from a school, government, school court or medical professional. These include letters from the school or doctor or parents’ evenings.
  • The proof is newer than four years old.
  • Proves that you are living or caring for your child. That includes a letter from the court confirming that you live with your child, that you are spending time with your child or applying for access.
  • You must also prove that you have good knowledge of the English language.
  • You must prove that you can financially support your child without claiming public funds.

However, if you cannot prove that you have adequate knowledge of the English language, you can extend your permission to stay if:

  • It would be unreasonable for you to leave the UK
  • Your child is a British or Irish citizen who has been in the UK for at least seven years.

You can either apply for this in the UK or outside, and completion of the application is online. You will also stay in the UK for two years and nine months under this visa. After that, you must apply to extend your stay.

How we can help 

We understand that applying to stay with your child in the UK is extremely important. That is why is it essential that the application and proof submitted is to the highest possible standard. Our solicitors have years and experience in these applications and will ensure that your chances are high so you can stay in the UK with your child. Call one of our experienced immigration solicitors, and we will make sure that your process is as easy and as stress-free as possible, enabling you to get back to your daily life in no time. Contact one of our experienced immigration solicitors now to get a free initial consultation.

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