New Indefinite Leave Private Life Route

@Zimba

I've seen that you have replied on another thread about the new 7 years child immigration rules introduced on 20th June 2022 (Appendix Private Life).

I couldn't find an answer for this yet on any threads. Please can you let me know if you know anything about the below.

If overstayed (illegal) parents have a UK-born child who lived in the UK for over seven years (Child never had a visa, never left the UK, never registered under any country), can they apply under this new rule?

If the child applied under that rule, can HO directly refuse the application based on an overstay (no visa) reason for a child? Or will they process the application despite the child's legal status?

Thank you.

Zimba wrote: ↑

Mon Jun 27, 2022 10:30 am

The new Appendix Private Life retains the four grounds on which permission can be granted based on private life. As reminder, these are:

-be a child resident in the UK for at least seven years who can’t reasonably be expected to leave (‘seven-year children’), which will now be paragraph PL 3.1
-be aged 18 to 24 and resident here for at least half their life (‘young adults’), now PL 4.1
-be resident here for more than 20 years, PL 5.1(a)
-face very significant obstacles to integration in their country of return, PL 5.1(b)

This will not necessarily be a straightforward

Most notably, a child who was born in the UK can apply for ILR immediately after spending the first seven years of their life here – even if they have never had any leave to remain. This change is welcome, as it avoids the need for children in this position repeatedly to reapply for extensions. However, they must still show that it would not be reasonable to expect them to leave the UK. Where neither parent has an independent right to remain, this will not necessarily be a straightforward task

See: https://web.archive.org/web/20220317123 ... ife-rules/

Thank you for the reply and the answer.

Zimba wrote: ↑

Thu Sep 22, 2022 3:27 pm

This will not necessarily be a straightforward

Most notably, a child who was born in the UK can apply for ILR immediately after spending the first seven years of their life here – even if they have never had any leave to remain. This change is welcome, as it avoids the need for children in this position repeatedly to reapply for extensions. However, they must still show that it would not be reasonable to expect them to leave the UK. Where neither parent has an independent right to remain, this will not necessarily be a straightforward task

See: https://web.archive.org/web/20220317123 ... ife-rules/