Children are afforded greater protection under British and international law than adults. As a result, applications to seek leave to remain or settlement can be easier and quicker. Often children will be included as dependents on their parents’ applications and in which case the outcome of their application will be tied to that of the parent. However, in circumstances where the parents do not have leave, applying for the child to regularise their stay in the UK can prove a better option.
At Adam Bernard Solicitors, we have many years of experience in completing visa applications under this route and navigating the requirements that applicants will have to meet. We have achieved numerous successes in this field. In order to give your application the best prospect of success, visit either of our London officers and speak to one of our immigration solicitors who will guide you through the application process.
If a child has lived in the UK for 7 continuous years, they will be eligible for leave to remain in the United Kingdom as a result of their ‘private life’ facilitated through an FLR(FP) application. It is considered by the Home Office and the courts that due to this length of time spent in the UK, the relevant child would have established such ties to Britain that it would be unreasonable to expect them to leave.
Other than establishing the length of residency in the UK, there are not other strict requirements under this route. As it is an application based on the human rights of the child, it is deemed unnecessary to set any strict thresholds.
If a child is successful under this route, they will be granted limited leave to remain on a 10-year route to settlement.
A child born in the United Kingdom and has lived here for 10 years will be eligible to apply for British citizenship. As per the requirements under s1(4) British Nationality Act 1981, the 10 years continuous residence will be broken if the child has spent 90 days consecutively outside the UK. At which point, they will still be eligible, but the 10-year period they will have to meet will restart.