ILR for Child After 7 Years of Continuous Residence in the UK
Children who are born and have lived in the UK continuously for 7 years are eligible to apply for Indefinite Leave to Remain (ILR) on the basis of private life. This means they can apply for settlement immediately instead of repeatedly applying for extensions.
Children Born Outside the UK
Children born outside the UK but who have lived in the UK continuously for 7 years are eligible to apply for settlement after 5 years instead of 10 years, as is currently the case.
Eligibility Criteria for ILR on the Basis of Private Life
To be eligible for ILR on the basis of private life, you must meet the following criteria:
- You were born in the UK and have lived here for 7 continuous years since your birth; OR
- You were first given a visa on the basis of your private life when you were aged between 18 and 24, arrived in the UK as a child, and have lived in the UK for 5 continuous years with a visa. You can include time spent on other visas that lead to indefinite leave to remain, as long as you have had a visa based on your private life for at least one year on the day you apply.
What Documents Are Required?
When applying for Indefinite Leave to Remain (ILR) in the UK on the basis of your ILR private life, there are specific documents you will need to provide to support your application. These documents help demonstrate your eligibility and fulfil the legal requirements outlined by UK Visas and Immigration (UKVI). Below is a more detailed explanation of each document required:
1. Birth Certificate of the Child
If you are applying for ILR based on your private life and have a child involved, providing a birth certificate for your child is crucial. The birth certificate proves the child’s identity, date of birth, and parentage, which are essential for establishing the family link under the private life route.
Why is it required?
It shows your relationship with the child, which could be a factor in the application for ILR based on private life.
The birth certificate helps prove the duration of your stay in the UK and the continuous residence requirements, especially when the child’s birth was in the UK.
What should it include?
Full name of the child, date of birth, place of birth, and the names of the parents.
2. Passport Copy of the Child (If Available)
In addition to the birth certificate, if the child has a passport, a copy should also be provided. This is particularly necessary if the child is a foreign national and not a UK citizen.
Why is it required?
A passport provides additional proof of the child’s nationality and identity.
It may be necessary to verify the child’s immigration status or previous travel history if the child is applying alongside you or has lived in the UK with you during the qualifying period.
What should it include?
A clear copy of the child’s biometric page (the page with the photo, name, nationality, and passport number).
3. Proof of 7 Years of Continuous Residence
To qualify for ILR based on private life, you must demonstrate continuous residence in the UK for at least 7 years. This requirement is central to proving that you have established a life in the UK and are settled here.
Why is it required?
The 7-year continuous residence requirement reflects the understanding that you have made the UK your home, with deep roots, especially if the application is tied to family life or private life.
For applicants with children, this requirement can demonstrate that the child has been living in the UK long enough to have developed private life ties there.
What should it include?
Evidence of your living arrangements, such as rental contracts, utility bills, bank statements, and letters from schools or medical practitioners.
If you’ve lived in the UK for 7 years but had periods of absence, you must explain and account for the time spent outside the UK.
4. Information Explaining Periods of Absence (Any Time Spent Outside the UK)
If there have been any periods during which you (or your child) have been absent from the UK, you will need to provide information explaining those absences. This could include brief trips, family visits, or other temporary stays outside the country.
Why is it required?
To prove that the 7 years of continuous residence have not been interrupted. The Home Office will assess whether your absences were temporary or if they broke the continuity of your residence in the UK.
For example, absences of more than 180 days in a 12-month period may break the continuous residence requirement, unless you can provide evidence showing the absence was justified or unavoidable.
What should it include?
Travel records: You may need to submit flight details, entry and exit stamps from your passport, or any official travel documentation.
Explanation letters: A detailed explanation of the reason for your absence, whether it was for work, family reasons, or any other personal or professional necessity.
Additional evidence: You might also need to provide evidence showing your continued ties to the UK during the absence (e.g., property ownership, work contracts, or maintaining a UK address).
Get in Touch with Us
Hire our specialist immigration lawyer to help you through this process and ensure a successful outcome for your ILR private life visa application. Contact us today to learn more about our services and how we can help you with your immigration matter.
