Private Life Applications for Children Background
The Private Life Application for Children comes under the private life route of the UK Immigration Rules which was previously incorporated as part of the Human Rights Visa Application move. Specifically, this immigration route provides an opportunity for children who are in the UK because of their parents’ unlawful immigration status to seek permission from the Home Office to remain on the merits of their own past residency in the UK.
Private Life Applications for Children Background Definition
A child may be entitled to make an application for leave to remain in the UK where the child is below 18 years old and has spent 7 years residing in the UK irrespective whether lawfully or not. It must also be deemed unreasonable to ask the child to leave the UK. Applications however may also be made outside the Immigration Rules where a child has spent less than the 7 years residency requirements in the UK. A Private Life Application therefore uses the above entitlements to grant permission to a child to remain in the UK for a designated period.
Private Life Applications for Children Background Requirements
There are currently no requirements that a child need be born in the UK to make an application although the greatest number of applications come from those born in the UK. Children who are born outside the UK but have since relocated to the UK and completed a total of 7 years uninterrupted residence before turning 18 years old are also eligible to apply.
Best Interests of the Child
Focal to Private Life Applications are the welfare and best interests of the child in question. Often, it is in a child’s best interest to remain in the UK particularly if the child was born in the UK and therefore settled in education with friends, family, and routine. The Immigration Rules dictate that any decision that will impact a child must be for the betterment. However, the welfare of the child should also be balanced against the interests of immigration control. Therefore, where parents have no separate right to remain under the UK Immigration Rules, the Home Office will most often resolve to send a child back to the country of origin alongside their parents.
7 Year’s Residency Rule
There was a previous policy (DP5-96) whereby a child and their family could be granted indefinite leave to remain status for simply being resident in the UK for a period of 7 years. In 2008, this policy ended, and all future cases were considered uniquely with no minimum residence period. However, this 7 year’s Residency Rule has since been re-introduced in part. The rule is now more difficult to fulfil for children and their families and on its own is not enough to secure legal status within the UK. Where an application involves a child and the 7 Year Residency Rule, there must be substantial evidence to prove that asking the child to leave the UK would be deemed unreasonable. The onus is therefore on the applicant to prove that it would not be reasonable for the child nor its family to be forced to leave the UK without good and proper reason.
Reasonableness
All Private Life Applications undergo a subjective assessment to determine the “reasonableness” of every potential scenario. However, because of this reasonable test, the Home Office, Immigration Authorities as well as a child and their family usually all have differing views. There is an exceedingly high threshold in assessing reasonableness under UK Immigration Rules. The primary consideration is often the child’s best interests and thus maintaining a close family unit. In certain instances, therefore, children return to their country of origin alongside their family even if they have satisfied the 7 Year Residency Rule as it is the best decision for their own welfare. To present an argument for reasonableness alongside your application, it is necessary to gather as much evidential proof as possible to show that the child would be better suited to remain in the UK alongside their family. The Home Office have provided guidance on determining reasonableness in certain cases. Accordingly:
- It is generally always in the child’s best interests to remain with their parent(s) whether that be in the UK or the country of origin.
- It is important to consider if the child has a wider network of family and friends present in the UK.
- The child’s health should be given some consideration and if removal from the UK would pose a health risk then this should be avoided.
- There should be research undertaken on the specific country particularly if a child has no ties to the country of origin or cannot speak the language.
Every application is uniquely considered therefore the reasonableness test is always dependent on the various factors surrounding each case.
Validity
Parents and all other siblings under the age of 18 at the time of a Private Life Application submission are eligible for leave to remain alongside their qualified child. Initially, the qualified child and their family will be granted 2 years and 6 months under the private life route. This visa can then be extended for a further 2 years and 6 months until a family has finally completed 10 years legal residency in the UK.
10 Year Path to Settlement
Through visa extension and continuous residency in the UK, a qualified child and their family will become eligible for settlement. Once a family has completed 10 years uninterrupted residency then it becomes possible to make an application for indefinite leave to remain. All other UK Immigration Rules would also need to be satisfied when making this application for settlement.
Additional Advice
Private Life Applications for Children are primarily dependent on the best interest of a child versus the interest of immigration control. Secondary to this, the 7 years residency requirement along with the assessment of reasonableness are uniquely considered and therefore require substantial evidence in support of an application. Our specialist team of immigration solicitors have a wealth of experience in guiding applicants through the application process and ensuring that the correct documentary evidence is also submitted. If you require assistance on any aspect of your Private Life Application, please do not hesitate to get in contact.
Our experienced immigration lawyers are on hand to offer you expert advice whatever your immigration case, contact us to book your consultation. Consultations are priced at £199 including VAT.
