Indefinite Leave to Remain (ILR) for Children Born in the UK After 7 Years of Residence

Overview

In the UK, children born in the country who have lived here continuously for seven years may be eligible to apply for Indefinite Leave to Remain (ILR). This route acknowledges the strong ties a child develops with the UK over time and offers a path to settlement based on their best interests and long-term integration.

Legal Basis

The relevant legal provisions come under:

• Paragraph 276ADE(1)(iv) (now replaced by Appendix Private Life as of June 2022)
• Section 117B(6) of the Nationality, Immigration and Asylum Act 2002
• Appendix Private Life of the Immigration Rules

Under these rules, a child:

• born in the UK
• who has lived continuously for at least 7 years from birth

may be considered for ILR if it is not reasonable to expect the child to leave the UK.

Eligibility Criteria

To apply for ILR under this category, the applicant must demonstrate:

1. Child’s Age and Residence:
   • The child must be under 18 years old at the date of application.
   • The child must have lived in the UK continuously for at least 7 years.

1. Place of Birth:

1. • The child must have been born in the UK.

1. Continuity of Residence:

1. • There must be no significant gaps or long absences from the UK during the 7-year period.

1. Reasonableness Test:

1. • It must be unreasonable to expect the child to leave the UK, considering factors such as education, family and social ties, language, and overall well-being.

1. Best Interests of the Child:

1. • UK courts and the Home Office must prioritize the best interests of the child, a key component in any immigration decision involving minors.

Application Process

1. Application Form:
   • Use Form FLR(FP) if applying for Leave to Remain on the private life route.
   • If eligible for ILR directly, use the relevant ILR application route under Appendix Private Life.

1. Fee:

1. • As of 2025, the ILR application fee is approximately £2,885, with additional charges like the biometric fee.
   • Fee waivers may be available for those unable to afford the cost.

1. Biometrics Appointment:

1. • The child (and parent or guardian) will attend a biometric enrolment appointment.

Benefits of ILR

• Permanent status with no time restrictions
• Access to public funds
• Freedom to work and study without limitation
• Pathway to British citizenship (usually after 12 months)

Conclusion

The 7-year rule for children born and raised in the UK is an important recognition of long-standing residence and ties to the country. While the process can be complex and evidence-intensive, it offers a clear pathway to permanent settlement and ultimately British citizenship. Families considering this route should seek legal advice to ensure a strong and well-documented application.