Child Immigration Solicitors in London
Leave to remain, ILR and British citizenship for children who call the UK home.
Expert child immigration solicitors in High Holborn and Upton Park.
A child who has lived in the UK continuously for 7 years can apply for permission to stay in their own right, even if their parents have no visa. If the application succeeds, the child is placed on a 5-year route to indefinite leave to remain (ILR). Adam Bernard Solicitors helps families across London make child-based immigration applications, including the 7-year rule, the young-adult private life route and British citizenship registration.
Children are usually included as dependants on a parent’s visa, so their status rises or falls with the parent’s. When the parents have no leave, have overstayed or have been refused, an application based on the child’s own ties to the UK is often the stronger route. It can also open a path for the rest of the family.
What is the 7-year rule for children in the UK?
The 7-year rule lets a child under 18 who has lived in the UK continuously for at least 7 years apply for permission to stay, provided it would not be reasonable to expect them to leave the UK. It is set out in Appendix Private Life of the Immigration Rules and reflects the UK’s duty to put the child’s best interests first.
To qualify, the child must:
- Be under 18 on the date of application.
- Have lived in the UK continuously for 7 years on the date of application. Time spent in the UK without a visa still counts.
- Show it is not reasonable to expect them to leave the UK.
- Meet the suitability requirements, for example no serious criminality and no deception in previous applications.
The child does not need to have been born in the UK, and the parents do not need to hold a visa.
How does the Home Office decide if it is "reasonable" for a child to leave?
Home Office guidance says the starting point is that a child who has spent 7 years in the UK would not normally be expected to leave. The decision maker then looks at the child’s circumstances as a whole, including:
- the child’s age and how long they have been in education in the UK
- friendships, family relationships and community ties in the UK
- who the child would leave with, and whether that parent also has to leave
- the child’s links to, language skills in and previous visits to the country of return
- any health, safeguarding or educational needs
In KO (Nigeria) [2018] UKSC 53, the Supreme Court held that reasonableness is judged in the “real world”, taking into account where the parents are expected to be. The parents’ immigration history must not be held against the child. Refusals often come down to thin evidence rather than weak cases, a trend covered in our article on the rise in 7-year child ILR refusals.
What does a child get if the 7-year application succeeds?
A successful child is granted 30 or 60 months’ permission to stay on a 5-year route to settlement, so they can apply for ILR after 5 years with permission. This is quicker than the 10-year route that applies to most adult private life applicants.
Once the child has ILR, they can usually go on to register as a British citizen. A grant for a child also affects the family. A parent with a “genuine and subsisting parental relationship” with a qualifying child may be able to apply to stay as the parent of a qualifying child.
Settlement rules are under review. The Government’s “earned settlement” proposals had not been made law as of September 2026. We will tell you if any change affects your child’s route. See our guide to Settlement and ILR applications.
Young adults aged 18 to 24
A young adult aged 18 to 24 who has lived in the UK continuously for at least half their life can also apply under Appendix Private Life and be placed on the 5-year route to settlement. This protects people who arrived as children but turned 18 before securing status. Many families miss this route.
How do you apply for a child under the 7-year rule?
The application is made online from inside the UK, using the Home Office form for permission to stay on the basis of family or private life. You pay the application fee and the Immigration Health Surcharge (£776 a year for under-18s) unless a fee waiver is granted.
Typical evidence includes:
- the child’s passport or identity document and birth certificate
- school letters, attendance records and reports covering the 7 years
- GP and medical registration records
- letters from teachers, youth leaders, faith groups and friends
- evidence of the parents’ relationship with the child and the family’s circumstances
- a legal representations letter applying the reasonableness test to the child’s facts
Families who cannot afford the fee can apply for a fee waiver first. We regularly prepare waiver applications alongside the main application.
Can a child born in the UK become a British citizen?
A child born in the UK who is not automatically British can register as a British citizen once they have lived in the UK for their first 10 years, with no more than 90 days’ absence in each of those years. This is an entitlement under section 1(4) of the British Nationality Act 1981. Form T is used, and it does not matter whether the parents have a visa.
Other registration routes apply when a parent becomes British or settled, or at the Home Secretary’s discretion (Form MN1). The Home Office fee for registering a child fell to £1,000 on 8 April 2026. Our British citizenship by birth solicitors explain every route, the 10-year rule and absences in detail.
7-year rule vs 10-year citizenship route
| 7-year rule (Appendix Private Life) | 10-year rule (s1(4) BNA 1981) | |
|---|---|---|
| Who | Child under 18, born anywhere | Child born in the UK |
| Residence | 7 years’ continuous residence | First 10 years of life, ≤90 days’ absence a year |
| Extra tests | Not reasonable to leave + suitability | Good character (age 10+) |
| Outcome | 30/60 months’ permission → ILR after 5 years | British citizenship |
| Discretion | Reasonableness assessment | Entitlement if the rules are met |
Other visas and applications for children
- Joining a parent who lives in the UK: child visa to join parents
- Applying from overseas: entry clearance as a child
- Studying at an independent school: child student visa
- Children born through surrogacy: surrogate children
- Wider Article 8 claims: human rights applications
If you need help with where a child lives after separation (child arrangements), our family law team can advise.
What if a child's application is refused?
A refusal of a 7-year rule application is normally a refusal of a human rights claim, so it usually carries a right of appeal to the First-tier Tribunal. Any existing leave continues while the appeal is pending. Our immigration appeals solicitors handle these appeals. Where there is no right of appeal, a judicial review may be possible.
Why choose Adam Bernard Solicitors?
- Children’s immigration specialists. We prepare 7-year rule, young-adult and citizenship registration applications, and evidence the reasonableness test properly.
- Whole-family strategy. We plan the child’s application and the parents’ follow-on applications together.
- SRA-regulated solicitors listed on the Law Society’s Find a Solicitor directory, with 15+ years’ practice and 15,000+ clients.
- Two London offices, in High Holborn and Upton Park, plus free video consultations.
Speak to our child immigration solicitors today on 0207 100 2525 or book your free consultation.
Frequently asked questions
Can a child get leave to remain after 7 years in the UK?
Yes. A child under 18 who has lived in the UK continuously for 7 years can apply under Appendix Private Life. They must also show it would not be reasonable to expect them to leave and meet the suitability requirements. A successful child is placed on a 5-year route to ILR.
Do the parents need a visa for the child to apply under the 7-year rule?
No. The application is based on the child’s own private life, so it can be made when the parents have no leave. The parents’ immigration history should not be held against the child. A successful grant may then support the parents’ own applications.
Does the 7-year rule lead to ILR?
Yes. Children granted permission under the 7-year rule are on a 5-year route to settlement. After 5 years with permission they can apply for indefinite leave to remain, and they can later register as British citizens.
Is the 7-year rule automatic?
No. Seven years’ residence is the starting point, not a guarantee. The Home Office assesses whether it is reasonable for the child to leave, and weak evidence is a common reason for refusal. Strong school, community and family evidence matters.
What is the difference between the 7-year rule and the 10-year rule?
The 7-year rule gives a child permission to stay and a route to ILR. The 10-year rule, under section 1(4) of the British Nationality Act 1981, lets a child born in the UK register as a British citizen after living here for their first 10 years.
How much does a child citizenship registration cost?
The Home Office fee for registering a child as a British citizen is £1,000 (from 8 April 2026), plus a £130 ceremony fee if the child is 18 or over at the time of the decision. Always check the current fee on GOV.UK before applying.
Can a child's application be made with a fee waiver?
Yes. Families who cannot afford the fee for a private life application can apply for a fee waiver first. If it is granted, the application fee and Immigration Health Surcharge may be waived in full or in part.
What happens if a child's 7-year application is refused?
Most refusals are refusals of a human rights claim with a right of appeal to the First-tier Tribunal. An appeal must be lodged within the deadline on the decision letter. We can review the refusal and advise on the strongest route.
This page is for general information only and does not constitute legal advice. Immigration rules change frequently; please speak to a solicitor about your circumstances.
Request to book a Free Consultation
Our Clients Share Their Success Stories.
Good service 👍 👌 many thanks for the great service you have provided to us. Our visa got approved just within 2 weeks only because of your hardwork and subject matter expertise. I am very thankful to you
For me, it was the attitude towards the job the lawyers displayed. Totally unmatched. I've been in and out of law firms because of the divorce with my wife and other related issues but Adam Bernard Solicitors was it for me guys. The best!
I want to thank Adam Benard team, they really helped me in my process of purchasing a property, their team are listen and respond to their customers fast. I really love your service, thanks alot.
Adam Bernard team helped me to purchase the best property for the best amount of time for the best money i have . i personally love dealing with them and i thank the team for all the efforts they made to make the task better .
