Parent of Child Applications - 10 years Route
Prior to 09 July 2012, the applicants were able to make an application on the basis of the fact they had established private and family life in the UK through the course of their residence, work, having children in the UK and having strong connections with this country. The applications were usually made under Article 8 of the Human Rights Act 1998.
From 09th of July 2012, the home office has categorised such cases and brought these matters to be considered under the immigration rules. Now, in order to make any application on the basis that the applicant has a child who is either a British citizen or has lived at least 7 years of his life in the UK, the application must be able to fulfil the relevant requirements of the immigration rules.
Factors to be considered
The home office considers the following factors while make a decision on an application made on the basis of having a British citizen child or a child who has spent at least 7 years of his life in the UK:
- Does the applicant have a parental relationship of the applicant with the child?
- Is the relationship genuine and subsisting?
- Is the child a British citizen or has the child lived continuously in the UK for 7 years?
- Will the consequences of the refusal of the application be that that child is required to leave the UK?
- Would it be reasonable to expect the child to leave the UK?
Having children who have spent 7 years of life in the UK does not automatically make the applicants eligible for this visa and it is really important to make best possible case for the application to be granted. We urge our clients to provide all the background information, all the possible relevant documents allowing us to advise and make appropriate representation. On that basis, we have had several such applications approved without the home office asking for any further information or documents.
The applicant needs to make sure that he fulfills all the requirements of this application and is able to provide the relevant documentary evidences confirming the same. We discuss in detail about the background information of each and every case, advise our clients about the relevant documents, complete the application and draft our detailed representations in support of such cases, as it is really important to have all aspects of this visa application addressed fully.
If approved, the applicant will be given 30 months of leave on 10 years route, which means that he would need to apply for extension of his leave to remain for at least 3 more times in order to complete 10 years of legal and continuous residence in the UK.
This is a complex part of immigration law and we strongly advise to seek professional help from.
Not reasonable to expect the applicant to leave the UK
The Home Office has provided guidance to its caseworkers in relation to the test to be applied with regard to whether it would be reasonable to expect the child to leave the UK. The factors that are taken into account include:
- Any significant risk to the child's health, for example, where a child is undergoing a course of treatment for a life threatening or serious illness and treatment would not be available in a country to which he or she would be returning;
- Whether it would be reasonable for the child to return with his or her parents;
- You have to have adequate accommodation in the UK;
- Any wider family ties in the United Kingdom;
- Whether he or she is a citizen of the country he or she may return to;
- Whether he or she has previously visited or lived in that country;
- Any family and friendship networks there;
- Any relevant cultural ties there and whether the child understands that culture having been part of a diaspora here;
- His or her ability to speak, read and write a language spoken there;
- Whether he or she ever attended school in that country.
A child who has lived in the UK for 7 years continuously can apply for leave to remain on the basis of private life. Paragraph 276ADE(1)(iv) requires that the applicant must be under the age of 18 years and must have lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it should not be reasonable to expect the child to leave the UK.
Period of grant
Limited leave to remain may be granted for a period not exceeding 30 months if the application for leave to remain on these grounds is successful. Such leave (stay) shall be given subject to such conditions as the Secretary of State deems appropriate.
Please contact our office for more information.