New Official Rules for Child Born in UK to Non British Parents | ILR (2024) British Citizenship

It’s about how kids can stay in the UK permanently, especially through something called the private life route. This route lets people who have made strong connections to life in the UK settle here. It’s for kids born in the UK or outside of it, as long as they’ve lived here for a while.

Let’s dive into today’s topic with a quick introduction. Hi there! I’m Rachel from Travel Abroad Migration. So what is the 7-year child rule?

The 7-year child rule in the UK is a provision that allows children born in the UK who have lived here continuously for 7 years to apply for immediate permanent residency, also known as Indefinite Leave to Remain (ILR). In other cases, if a child wasn’t born in the UK but has lived here continuously for 7 years, they can apply for permission to stay for up to 5 years. After this period, they can then apply for settlement. So, the official name for this visa category is the Private Life Application under Appendix FM.

Now, let’s break down what you need to qualify and the documents required for kids born in the UK. First off, they’ve got to be under 18 years old. To prove their age, you’ll need a passport or birth certificate. And to show they were born here, you’ll need a UK birth certificate. Lastly, you’ve got to prove they’ve been living here non-stop for 7 years. You can do this with passport stamps and letters from their school or local authority.

If all the requirements are met, the UK Home Office will then think about whether it’s fair to expect the child to leave the UK. They’ll look at things like the child’s age, their relationships with family and friends here, whether they have any ties back in their home country, or if they’ve even been there before. All these factors come into play to decide if it’s reasonable for the child to leave the UK.

Now, if the child wasn’t born in the UK, they still need to meet the residency requirements, just without the need for a birth certificate. They can be given permission to stay in the UK for 5 years, and after that time, they can apply for settlement. If the child is still under 18 years old, they don’t need to demonstrate knowledge of English or pass the Life in the UK test. However, if they’re 18 or older, they’ll have to provide an English-speaking certificate and pass the Life in the UK test. Additionally, young adults aged between 18 and 25 also need to have spent at least half of their life in the UK before they can qualify under this route.

So, does this route lead to permanent residency, also known as ILR? Absolutely! A private life application can indeed lead to ILR for both individuals born in the UK and those born outside the UK. For those born in the UK, ILR can be obtained immediately. For those born outside the UK, ILR can be obtained after 5 years under this route.

When can they apply for British citizenship? Generally speaking, after holding ILR for 12 months.

Now, the next important question: when can they apply for ILR? Well, that depends on when the parents are eligible. Parents must apply for ILR based on their own circumstances and visa status, typically under Appendix FM. If they’ve been on the private life route, it might take around 10 years. The child will be placed on the most favorable route for them, ensuring a quicker path to settlement.

In which situation might the Private Life Application get rejected? It’s a crucial question. The application may face rejection if it’s incomplete, with errors in the form or insufficient documentation, or if the fees aren’t paid correctly. Additionally, rejections could occur based on general grounds like criminal convictions or if the applicant fails the reasonable test we discussed earlier.

Now, can a child’s parent take child benefit from the UK government? It’s not a standard practice, but they can apply for permission to claim public funds. However, there’s a high threshold for this application. The parent must demonstrate destitution, showing that it would significantly impact the child’s well-being if they couldn’t access public funds.

Now, what exactly is the 5-year child rule? So, is the 5-year child rule in the UK the same as the seven-year rule? Here’s the breakdown. The 7-year rule allows a child born in the UK to apply for settlement right away without previously applying for leave. On the other hand, the 5-year rule applies to a child who wasn’t born in the UK but has spent seven years here. They can apply under Appendix Private Life, initially receiving a 5-year visa. After spending 5 years in the UK under this category, they can then apply for settlement.

Today, we’ve delved into how children can apply for settlement in the UK using the private life route.