Children in the UK who are British, have ILR or Resident for 7 years

Do you have children who are British, settled or resident for 7 years?

Another situation in which it is possible to regularise your status is if you have children who have a right to live in the UK – so that is, children who are British or who have Indefinite Leave to Remain.  If the children are here illegally, or have visas but are not settled in the UK, then they need to have lived in the UK for at least seven years.

Decision makers have a positive duty to have regard for the welfare of any child in the UK, but while the welfare of the child is an important issue, it is not the only issue and has to be looked at along with all the other factors of the case.

The test, in this case, is whether or not it would be “reasonable” to expect the child to leave the UK. This, of course, is subjective, so that two different people looking at the same facts could come to two different conclusions about what is or is not reasonable.  As always when making an application to remain in the UK, you have to prove your case, and the closer the links you can show with your child, the greater the chance of your application being successful.

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