Overview
Under UK immigration rules, a parent may be eligible for Leave to Remain if their child has lived in the UK continuously for at least 7 years and it would be unreasonable to expect the child to leave the UK. This is part of the private life route and reflects the UK’s commitment to family life and the welfare of children.
Legal Basis
The key legal provisions are:
- Appendix FM of the Immigration Rules (especially the Parent Route)
- Appendix Private Life
- Section 117B(6) of the Nationality, Immigration and Asylum Act 2002
These rules are grounded in Article 8 of the European Convention on Human Rights (right to respect for private and family life).
Eligibility Criteria
To qualify for Leave to Remain as a parent of a child who has lived in the UK for 7 years, the applicant must meet the following criteria:
1. The Child Must:
- Be under the age of 18.
- Have lived continuously in the UK for at least 7 years.
- Be either:
- British, or
- Settled, or
- It would be unreasonable to expect the child to leave the UK.
2. The Applicant (Parent) Must:
- Have a genuine and subsisting parental relationship with the child.
- Be playing an active role in the child’s life (this applies even if the parent does not live with the child).
- Not be eligible for leave to remain under other immigration categories (e.g. spousal visa).
- Pass the suitability requirements (i.e. no serious criminal convictions, not a threat to public order, etc.).
Application Route
The application is typically made under:
- Appendix FM – Parent Route, or
- Appendix Private Life, depending on the applicant’s overall circumstances.
Form Used
- FLR(FP) – for family and private life applications
Unreasonableness Test
A key element of the application is proving that it would be unreasonable to expect the child to leave the UK. The Home Office will consider:
- Length of residence
- Education and development
- Cultural and linguistic ties to the UK
- Impact on the child’s well-being and best interests
This is a child-focused assessment — the parent’s immigration history is relevant but secondary.
Application Fees and Waivers
- Fee: £1,048 (as of 2025) + biometric enrolment fee
- Immigration Health Surcharge (IHS): £1,035 per year of visa duration (usually 2.5 years)
- Fee waiver: Available in cases of genuine financial hardship
Visa Duration and Conditions
- Leave is usually granted for 30 months (2.5 years).
- The visa is renewable and leads to settlement after 10 years on this route (or 5 years in limited cases if switching categories).
- The parent can work and study in the UK, but may have no recourse to public funds unless a successful application for NRPF exemption is made.
Settlement and Citizenship Path
After 10 years of continuous lawful residence on this route, the parent may apply for Indefinite Leave to Remain (ILR). Eventually, this can lead to British citizenship if other criteria are met.
Conclusion
The 7-year child residence rule provides a vital route for parents to secure their immigration status in the UK, ensuring family unity and safeguarding the child’s welfare. Because the application hinges on a complex “reasonableness” test and strong documentation, seeking legal advice or support from a qualified immigration adviser is strongly recommended.
