Apply for a Human Rights case – Children residing in the UK for 7 years
Overview
In UK Immigration the law often refers to a ‘qualified’ child – and whether it would be right to remove a ‘qualified’ child from the UK.
Requirements
A ‘qualified’ child in law is:
- A child under 18 who is a British citizen (or)
- A child born in the UK that has resided in the UK to the age of 7 (or)
- A child who entered the UK at a young age and has resided in the UK for 7 years.
These cases are incredibly complicated and arise when a family has no leave to remain (Parents), and are seeking to remain in the UK on the basis of their Human Rights and either rely on Par 276 ADE (1) (v) of the Immigration rules if their child is NOT British.
“(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”
Or of their child IS British can rely on Appendix FM (EX.1) which states:
(i) the applicant has a genuine and subsisting parental relationship with a child who –
(aa) is under the age of 18 years or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied.
(bb) is in the UK.
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and
(ii) taking into account their best interests as a primary consideration, it would not be reasonable to expect the child to leave the UK
In all cases it is the question or whether it would be REASONABLE to expect the qualified child to leave the UK, and this area of the law is case heavy, in favour of the child. These cases are complex in nature and require substantial submissions.
What visa will I receive?
- The entire family can be granted two and a half years leave to remain.
- After ten years, the family can apply for indefinite leave.
- Applicants will have complete freedom to work or study in the UK
Costs of the application (UKVI fees / per applicant)
- Immigration Surcharge fees – 2.5 times £624 (£1560)
- UKVI Fees – £1523
Allan Van As has represented countless such cases and has been highly successful in helping families remain in the UK, both in cases directly to the UKVI as well as in appeals before the First-Tier Tribunal.
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