You can apply for extension of your leave to remain from inside the UK prior to expiry of your leave if you were granted leave to remain for 30 months under 7 years child residence route. An application for extension fo leave to remain granted under 7 years child residence route is made in accordance with requirements as set out in Appendix Private Life of the Immigration Rules. You can apply for extension either for 30 months or 60 months.
A child born in the UK who has been continuously resident in the UK for 7 years may qualify for immediate settlement on this route.
Family Members Of The Child Who Has Completed 7 Years Residence
Parent and minor siblings of the qualifying child who has completed 7 years child residence can also apply for extension of their leave to remain at the same time as the child's application for extension of stay. The family members will be granted further leave to remain for 30 months. A child born in the UK to a person who has permission on the Private Life route can apply for permission for the same duration as their parent.
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Our specialist team of immigration solicitors can provide fast, friend reliable and fixed fee immigration advice and legal representations in relation to your application for extension of stay under 7 years child residence route. Ask a question to our specialist team of immigration solicitors for free immigration advice online or book an appointment online for a detailed immigration advice and consultation session with one of our immigration lawyers concerning your application for extension of leave to remain granted under the 7 years child residence route.
Requirements For Extension Of Leave To Remain Granted Under 7 Years Child Residence Route
A child applying for extension of leave to remain granted on the basis of living continuously in the UK for 7 years should meet the following requirements of the Immigration Rules as set out in Appendix Private Life:
Valid Application
The applicant must submit a valid application for extension of leave to remain as a child who was born outside the UK and lived in the UK for 7 years continuously in accordance with requirements for a valid application as set out in Appendix Private Life of the Immigration Rules.
Suitability Requirements
The applicant's application for extenson of leave to remain as a child must not fall refusal on suitability grounds as set out in the Immigration Rules.
Immigration Status Requirement
The applicant must be currently in the UK with leave to remain granted under the 7 years child residence route.
Not Reasonable To Expect The Child To Leave The UK Requirement
The decision maker must be satisfied that it is not reasonable to expect the applicant to leave the UK. In accordance with the findings in the case of AB Jamaica (Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661), consideration of whether it is reasonable to expect a child to leave the UK must be undertaken regardless of whether the child is actually expected to leave the UK.
In the caselaw of KO (Nigeria) and Others [2018] UKSC 53, with particular reference to one of the appellants NS (Sri Lanka), the Supreme Court found that ‘reasonableness’ is to be considered in the real-world context in which the child finds themselves. The parents’ immigration status is a relevant fact to establish that context. The determination sets out that if a child’s parents are both expected to leave the UK, the child is normally expected to leave with them, unless there is evidence that that it would not be reasonable.
In relation to children whose parents do not have permission to stay, there is not a presumption in favour of them, and their parents, being granted permission to stay. It remains necessary in each case to evaluate all the circumstances in order to establish whether it would be reasonable to expect the child to leave the UK with their parents. If it would not be reasonable to expect the child to leave the UK, then the family as a whole may be entitled to remain.
The above assessment must consider the child’s best interests as a primary consideration. The Home Office UKVI should carefully consider all the relevant points raised in the application and carefully assess any evidence provided. Decisions must not be taken simply on any assertions about the child, but rather on the basis of an examination of all the evidence provided. All relevant factors need to be assessed in the round.
Super Priority Service For Decision Within 24 Hours
As specialist immigration solicitors based in London, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service for extension application for extension of leave to remain granted under the 7 years child residence route whereby decision on your application will be made within 24 hours if you submit your application through Super Priority Service. This way, you may not have to wait for the decision on your application for months (sometimes years).
How Can We Help?
Our specialist team of immigration solicitors can provide expert immigration advice and legal representations on fixed fee basis in relation to your application for extension of leave to remain under 7 years child residence route. Our fixed fee for your application for extension of leave to remain under 7 years child residence route will cover all the work of our immigration solicitors on your application for extension of leave to remain under 7 years child residence route until a decision is made by the Home Office UKVI on your application for extension of leave to remain under 7 years child residence route. The casework to be carried out by our immigration solicitors in relation to your application for extension of leave to remain under 7 years child residence route will entail the following:
- Advice on requirements: Our immigration solicitors will advise you on the relevant requirements you have to meet for your application for extension of leave to remain under 7 years child residence route to succeed.
- Advised on documents: Our immigration lawyers will prepare and email you a comprehensive list of supporting documents to be submitted in support of your application for extension of leave to remain under 7 years child residence route;
- Assessment of documents: Our immigration lawyers will assess your documents to make sure that all the documents you provide in support of your application for extension of leave to remain under 7 years child residence route are in accordance with the requirement of the Immigration Rules.
- Completing application form: Our immigration lawyers will complete the relevant application form for your application for extension of leave to remain under 7 years child residence route.
- Submitting application through Priority or Super Priority Service: Where possible, our immigration lawyers will submit your online application for extension of leave to remain under 7 years child residence route through priority or super priority service to get faster decision on your application for extension of leave to remain under 7 years child residence route.
- Booking an appointment with the application centre: After the online submission of your application for extension of leave to remain under 7 years child residence route, our immigration lawyers will book your appointment with the application centre for you to enrol your biometrics.
- Preparing a detailed cover letter: Our specialist immigration solicitors will prepare a detailed cover letter in support of your application for extension of leave to remain under 7 years child residence route explaining how all the legal requirements are met for the approval of your application for extension of leave to remain under 7 years child residence route.
- Uploading documents online: Before the biometrics enrolment date, our immigration lawyers will upload online all the supporting documents to be considered in support of your application for extension of leave to remain under 7 years child residence route.
- Follow up work: Our immigration lawyers will carry out all the follow up work until decision by the Home Office UKVI on your application for extension of leave to remain under 7 years child residence route.
Our One-Off Services For Immigration Applications
Our immigration solicitors can also provide a wide range of one-off legal services for UK visa and immigration applications. Using our one-off services can help those who do not want to use our full service for the immigration application. You can use one of the following one-off legal services offered for UK visa and immigration applications:
- One-Off Immigration Advice and Consultation
- Immigration Documents Checking Service
- Application Form Completion Services
- Submitting Application Through Priority and Super Priority Service
- Preparing Cover Letter For Immigration Application
- Uploading Supporting Documents Online
Our Fixed Fees For Extension Application Under 7 Years Child Residence Route
- Our immigration solicitors will charge a fixed fee ranging from £1,200 to £2,000 (no VAT) for your application for extension of leave to remain granted under the 7 years child residence route. We can provide Super Priority Service to get a decision on your application within 24 hours. The agreed fixed will depend on the complexity of the application and the volume of work involved in the application for extension of leave to remain under 7 years child residence route.
- Our fixed fee for the application does not cover any disbursements e.g. UKVI fee for the application and the applicant has to separately pay the Home office UKVI fees for the application.