If you are an overstayer and you have a child who has lived in the UK for a continuous seven-year period and / or is British, you may be able to apply for Leave to remain on the basis of your family and private life in the UK. While the 7-year child concession UK application process can be complex and daunting, at GB Immigration our expert team understand you want to start the next chapter in your family life quickly and with minimal disruption and expense.
Why seven years?
The Home Office has a duty to safeguard and promote the best interest and welfare of all children in the UK. It considers that a period of 7 continuous years spent in the UK generally establishes such a level of integration into the life in the UK that it would not be reasonable to expect the child to leave the UK.
It is not enough to show that you have a child who has lived in the UK for a continuous period of 7 years or is British. You must also show that you have a ‘genuine’ and ‘subsisting’ parental relationship with your child and it must not be ‘reasonable’ to expect your child to leave the UK. If the child’s other parent is in the UK, it would be difficult to convince the Home Office that your stay is crucial as it would be expected that your child lives with the other parent. It is very important to bear in mind that each application is assessed on its own merit and it is therefore crucial to instruct an experienced and knowledgeable immigration lawyer from outset.
A successful application
A successful application will mean that the child and parent(s) will be given leave to remain for a period of two and a half years. You will be placed on a ten-year route to settlement.