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Immigration Office:
17 Hanover Square, London, W1S 1BN

7 YEAR CHILD CASE

Helping you through tough times

Our Immigration Solicitors have worked within most areas of, often complex, immgration law. Our experience in dealing with the vast array of procedures, processes and legal regulations relating to immgration puts us in the ideal position to help you with your immigration requirements. Our firm is regulated by the OISC to the highest standard meaning that you can be safe in the knoweldge that our team is professional, knowledgeable and will be working for you.

We always strive to go beyond our clients’ expectations by supporting them during and aftert their application. Contact our team of expert immigration solicitors in London on 0207 118 7868, via info@westkin.co.uk or by using the enquiry box on the right hand side of the page.

We have provided a basic outline to 7 year child cases below. The information contained here is intended for guidance purposes only and should not be used as a legal guide.

If you have a child who is under 18 years old and has lived in the UK continuously for 7 years or more, then you may have a basis to make a human rights application under Article 8 ECHR asserting a right to a family and private life in the UK.

Please also see the Long Residence section which explains paragraph 276ADE which is the section relating to 20 year residence in the UK and private life and incorporates children living in the UK for 7 years or more.

For a 7 year application to be successful you will need to demonstrate that your child has been living in the UK for a continuous period of 7 years or more. It will not be enough to simply state this fact.

You must prove the following factors for a successful application:

• The child is under 18 years old
• The child is in the UK
• The child is a British Citizen or has lived in the UK for a continuous period of 7 years or more

You will note that the third requirement also identifies a British Citizen child. If your child is a British Citizen, you may not necessarily have to prove the 7 year residence in the UK and in some circumstances you can achieve a successful application without demonstrating residence.

Two further conditions must be satisfied. The first is that the parent must demonstrate that there is a ‘genuine’ and ‘subsisting’ parental relationship between themselves and the child. The second condition is that it must not be reasonable to expect the child to leave the UK.

On a successful application, the child (along with parents and potentially siblings) will be granted leave in the UK.

How can Westkin assist with your application?

• Take full instructions from you about your life in the UK with your child
• Explain the Immigration Rules and relevant case law in relation to children resident in the UK for 7 years
• Advise on the merits of an application
• Advise in relation to the documentation required to prove 7 year continuous residence, genuine and subsisting parental relationship and reasonableness test
• Submit detailed submissions to support the application

Our dedicated team of immigration solicitors are there to help you with your application and support you throughout the entire process. Contact us today on 0207 118 7868, via info@westkin.co.uk or using the Enquiry Box at the top of the page.

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