What is the seven-year child rule?

The seven-year child rule lets a child under 18 who has lived continuously in the UK for at least 7 years apply for permission to stay on the private life route, if it would not be reasonable to expect the child to leave the UK. A child born in the UK can apply for settlement on the same basis.

How the seven-year child rule works

The seven-year child rule is part of the private life route. It is in paragraph PL 3.1 of Appendix Private Life in the Immigration Rules. A child applying aged under 18 must have been continuously resident in the UK for at least 7 years. The decision maker must also be satisfied that it would not be reasonable to expect the child to leave the UK.^{[1]Home Office, Immigration Rules Appendix Private Life}

The rule applies to applications made on or after 20 June 2022. Before that date the private life rules sat in Part 7 of the Rules.^{[2]UK Visas and Immigration, Private life: caseworker guidance} A child can be considered when applying in their own right or as part of a family. In a family application the Home Office checks whether any child has 7 years of residence.^{[2]UK Visas and Immigration, Private life: caseworker guidance} The application is made online, and the child must be in the UK on the date of application.^{[1]Home Office, Immigration Rules Appendix Private Life}

The two tests

There are two separate questions. Both must be answered in the child’s favour.

Residence. The guidance says the Home Office must check the date of application and the child’s age on that date.^{[2]UK Visas and Immigration, Private life: caseworker guidance} The continuous residence period may include time in the UK with or without permission. It does not include time in prison or detention after a conviction. It is broken if the child:^{[1]Home Office, Immigration Rules Appendix Private Life}

• was absent from the UK for more than 6 months at any one time
• spent 550 days or more outside the UK in total during the period
• was removed or deported, or left the UK after an application was refused
• left with no reasonable expectation of being able to return lawfully

Reasonableness. The guidance says this assessment must take place in every case where the child shows 7 years of residence. It looks at the child’s current circumstances and not at the future. The starting point is that a qualifying child would not normally be expected to leave the UK.^{[2]UK Visas and Immigration, Private life: caseworker guidance} The decision maker considers the child’s age, ties to the UK, who the child would be expected to leave with, whether the child has family and friends in the country of return and whether the child has ever visited it.^{[2]UK Visas and Immigration, Private life: caseworker guidance}

The guidance also refers to the Supreme Court decision in KO (Nigeria). It says reasonableness is judged in the real-world context of the child. If both parents are going to leave the UK, it is reasonable to treat the child as likely to leave with them, unless there is an evidence-based reason for not taking that view.^{[2]UK Visas and Immigration, Private life: caseworker guidance} This links to the right to respect for private life under Article 8.

Permission and settlement

A child who qualifies is granted 30 months or 60 months, depending on what they applied for.^{[1]Home Office, Immigration Rules Appendix Private Life} Work and study are permitted. A condition of no recourse to public funds applies unless an exception is met, such as destitution or a relevant child’s welfare.^{[1]Home Office, Immigration Rules Appendix Private Life} The applicant must also meet the suitability requirements.^{[1]Home Office, Immigration Rules Appendix Private Life}

A person first granted permission as a child with 7 years of residence can still extend after turning 18. The guidance says they are eligible to extend if they were under 18 with 7 years’ residence when first granted.^{[2]UK Visas and Immigration, Private life: caseworker guidance}

A child born in the UK can apply for settlement directly. The child must have been born in the UK and provide a full UK birth certificate. They must have lived continuously in the UK since birth for at least 7 years. The decision maker must also be satisfied that it is not reasonable to expect the child to leave.^{[1]Home Office, Immigration Rules Appendix Private Life} GOV.UK describes this as applying for indefinite leave to remain immediately, and gives a fee of £3,226 for each person applying.^{[3]Home Office, Indefinite leave to remain (private life)}

Example

Tomas is 10. He was born in the UK and has never lived anywhere else. His parents have no settled status. Tomas has lived in the UK continuously since birth for more than 7 years, so he meets the residence test. He can apply for settlement as a child born in the UK. He needs a full UK birth certificate, and the decision maker must still be satisfied that it is not reasonable to expect him to leave.

Leila is 12. She arrived aged 4 and has lived in the UK continuously for 8 years, with no long absences. She applies for permission to stay. She meets the residence test. The decision maker then looks at her age, ties, family and any visits abroad. If she is granted permission, it is for 30 or 60 months, depending on what she applied for.^{[1]Home Office, Immigration Rules Appendix Private Life[2]UK Visas and Immigration, Private life: caseworker guidance}

What people get wrong

Many families believe that 7 years in the UK gives a child an automatic right to stay. It does not. There are two tests, and the reasonableness assessment must be made in every case where the residence is shown.

The guidance gives a starting point that a qualifying child would not normally be expected to leave, but it still requires the assessment in every case.^{[2]UK Visas and Immigration, Private life: caseworker guidance} A second mistake is about age. The child must be under 18 on the date of application. A young person aged 18 to 24 is assessed under a different test, half their life in the UK.^{[1]Home Office, Immigration Rules Appendix Private Life}

A third is to think a child’s grant covers the parents. The guidance says a grant to a child does not mean parental permission will be of the same duration.^{[2]UK Visas and Immigration, Private life: caseworker guidance}

The bottom line

The seven-year child rule asks two questions: has the child lived continuously in the UK for 7 years, and would it be reasonable to expect them to leave? Both must be answered in the child’s favour. A child born in the UK can apply for settlement on the same basis. Time without permission can count, but long absences break the 7 years.