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How long does a child need to be here to get legal stay

General UK immigration & work permits; don't post job search or family related topics!

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Uche
Newly Registered
Posts: 19
Joined: Sat Dec 30, 2017 8:22 am
Nigeria

How long does a child need to be here to get legal stay

Post by Uche » Wed May 17, 2023 2:41 pm

A child with a parent is here and their circumstances means they do not have any visa to remain here. They've been here for 6 years and the child is now 7 years old.
Can this innocent child who came here when he was 1 and now he is 7 apply to legally stay in the UK. Is this possible and if yes what route/form should he fill. Does he need a solicitor?

Any advice is welcome please. Thanks in advance

meself2
Moderator
Posts: 3439
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: How long does a child need to be here to get legal stay

Post by meself2 » Wed May 17, 2023 3:07 pm

What was their status before (and did it expire), or did they have no status at all?

Technically, there's a private life route:
You can only apply on the basis of your private life if you’re already living in the UK.

You must be able to prove that you:

are under 18 and you’ve lived in the UK continuously for at least 7 years, and it would be unreasonable to expect you to leave the UK
But notice the last part - unreasonable to leave the UK. If child's parent has no legal right to stay in the UK (and would have to leave), I'm afraid it would be expected for child to follow them.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

London22
Member of Standing
Posts: 306
Joined: Thu Jan 03, 2019 9:39 pm
United Kingdom

Re: How long does a child need to be here to get legal stay

Post by London22 » Thu May 18, 2023 2:22 pm

Uche wrote:
Wed May 17, 2023 2:41 pm
A child with a parent is here and their circumstances means they do not have any visa to remain here. They've been here for 6 years and the child is now 7 years old.
Can this innocent child who came here when he was 1 and now he is 7 apply to legally stay in the UK. Is this possible and if yes what route/form should he fill. Does he need a solicitor?

Any advice is welcome please. Thanks in advance
You can apply now and it is entirely up to the discretion of the caseworker to grant it or refuse it .
If you look at the law then if a child lives here for 7 years then they are eligible to apply for ILR .
There are cases where children living here for 5 or 6 years who have been granted status.
Ideally most cases are successful on 7 years basis .
There is nothing wrong to apply when child is 6 as most parents can apply for fee waiver .
You don't have to worry about money .
Parents status doesn't play a powerful role .
Good luck

secret.simon
Moderator
Posts: 11112
Joined: Thu Feb 21, 2013 9:29 pm

Re: How long does a child need to be here to get legal stay

Post by secret.simon » Thu May 18, 2023 9:19 pm

A Bible printed in 1631 went down in history as the Wicked Bible. It only missed out on one word, but that changed the meaning of the entire sentence. The omission of the word "not" in one of the Ten Commandments meant that it read "Thou shalt commit adultery" (which would have been very handy for Charles II a mere 30 years later).

Words matter.
London22 wrote:
Thu May 18, 2023 2:22 pm
If you look at the law then if a child lives here for 7 years then they are eligible to apply for ILR .
The missing words in this sentence are the word "born in the UK".

The seven years pathway to ILR is for children born in the UK, who would qualify for British citizenship at 10 years of age anyway, regardless of the legality of their stay (and with limits on absences per year).

A child born outside the UK needs at least five years of legal residence to qualify for ILR.

@London22, I understand that you disapprove of the UK's strict immigration laws. But do not put other people in harm's way by incorrect or incomplete advice. They may suffer monetary or legal consequences for following incorrect advice. Advise based on the law as it is, not as you would want it to be. If in doubt, say nothing at all.

The OP is advised to respond to @meself2's questions so that we can give fuller advice.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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