HUMAN RIGHTS & PRIVATE LIFE
Children and Seven-Year Residence
About Children and Seven-Year Residence
A child who has lived in the UK continuously for at least seven years may qualify for permission to stay under Appendix Private Life where it would not be reasonable to expect them to leave. A separate half-life test applies to young adults aged 18 to 24 who arrived before they turned 18. RakLAW Solicitors prepares these applications around the child's best interests and a properly evidenced record of residence.
Who this is for
- Children under 18 with at least seven years' continuous residence in the UK
- Young adults aged 18 to 24 who arrived as children and have spent half their life here
- Families applying together where one child has seven years' residence
- Children born in the UK who have lived here continuously since birth for seven years
How RakLAW helps
- Check the seven-year and half-life calculations against dates and absences
- Prepare the case on why it would not be reasonable to expect the child to leave
- Gather residence evidence from schools, GPs, landlords and local authorities
- Advise which family members apply under Appendix Private Life and which under Appendix FM
- Choose between 30 and 60 months and plan the route to settlement
- Review any refusal and advise on the right of appeal
Children and the Seven-Year Residence Rule
Paragraph PL 3.1 of Appendix Private Life sets two requirements for an applicant who is under 18 on the date of application: the child must have been continuously resident in the UK for at least seven years, and the decision maker must be satisfied that it would not be reasonable to expect the child to leave the UK. Time spent here with or without permission counts.
The application is made online from inside the UK, alone or as part of a family application. Home Office guidance tells caseworkers to check every family application for a child with seven years' residence and to consider that child under the private life rules even where the parents apply under Appendix FM. A child who meets both sets of rules is granted under Appendix Private Life, which gives the shorter route to settlement.
Children and young adults who qualify can choose permission for 30 or 60 months, with the Immigration Health Surcharge paid for the period requested. Adults relying on more than 20 years' residence or very significant obstacles to integration are covered on our Private Life visa page.
Is It Reasonable to Expect the Child to Leave?
Seven years' residence is only the first limb. Following Secretary of State for the Home Department v AB (Jamaica) [2019] EWCA Civ 661, the guidance requires the reasonableness assessment in every case where the residence test is met. It looks at the child's present circumstances, not the future, and its starting point is that a qualifying child would not normally be expected to leave.
Caseworkers must consider the child's age, their ties to the UK, who the child would be expected to leave with, and their family, friends and any visits in the country of return. In KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53 the Supreme Court held that reasonableness is judged in the real world the child lives in: if both parents are expected to leave, the child will normally be treated as likely to leave with them unless evidence gives a reasonable basis for a different view.
Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to have regard to the need to safeguard and promote the welfare of children in the UK. Following ZH (Tanzania) [2011] UKSC 4, the child's best interests are a primary consideration, though not the only one and not always decisive. The child is not blamed for a parent's immigration history, although that history is still weighed against the parent in the public interest balance.
A parent with a genuine and subsisting parental relationship with such a child may have a claim of their own under Appendix FM, but paragraph EX.1 is an exception to certain requirements rather than a route in itself. The parent must either have sole parental responsibility or the child must normally live with them and not with the child's other parent, and must not be eligible to apply as a partner, so a parent living with the child's British or settled other parent will normally have to apply as a partner instead. See our 10-year parent route page.
Young Adults and the Half-Life Test
Paragraph PL 4.1 covers an applicant aged 18 or over and under 25 on the date of application who arrived in the UK before the age of 18. They must have spent at least half their life continuously resident in the UK. There is no separate reasonableness test, only the arithmetic of age and residence, with continuous residence defined as for a child.
The guidance example is a person aged 24 years and 6 months on the date of application, who must have arrived by the age of 12 years and 3 months. Only the age on the date of application matters, so turning 25 during consideration is not a ground of refusal. Someone who falls short may still apply as an adult on the basis of very significant obstacles to integration.
Where a residence requirement is not met, paragraph PL 8.1 requires the Home Office to consider whether refusal would breach Article 8 on private life grounds. Paragraph PL 8.2 is an important exception: where the applicant falls for refusal under SUI 2.1, SUI 3.1, SUI 4.1 or SUI 5.1 of Part Suitability, which cover deportation, exclusion and the most serious criminality and conduct grounds, the application will be refused and that Article 8 assessment does not save it. Any criminal or adverse conduct history needs advice before applying.
Evidence and Common Problems
The burden is on the applicant to prove each requirement on the balance of probabilities. Continuous residence means an unbroken period in the UK. It is broken by a single absence of more than six months, by absences totalling 550 days or more, by removal or deportation, by leaving after an application was refused, or by leaving with no reasonable expectation of lawful return. Time in prison or detention following a conviction is not counted but does not break the period.
Paragraph PL 7.3 applies to the seven year and half life calculation on the first application. A stricter limit applies once permission is granted. Paragraph PL 15.1 requires the five year qualifying period for settlement to meet Appendix Continuous Residence, and paragraph CR 3.1 allows no more than 180 days outside the UK in any 12 month period. A child born in the UK applying for immediate settlement is the exception and keeps the six month and 550 day test under PL 15A.3. Families should check travel plans against the 180 day limit once permission is granted, not against the six month limit.
There is no specified document and no set number of documents. Official or independent evidence of ongoing contact over time carries more weight than proof of one-off events. The guidance lists tenancy or mortgage documents, landlord and local authority letters, household bills, bank statements, study documents and letters from schools or charities. For a child we add school, nursery, GP and club letters, year by year.
Common problems we see:
- absences left off the immigration history section of the form, which the passport stamps then contradict
- a residence timeline with gaps before school records begin
- nothing on why it would not be reasonable for the child to leave, beyond length of residence
- the half-life calculation done in whole years rather than to the day
- a child included in the parents' Appendix FM application with no private life case made for them
How the Application Process Works
- Confirm the dates. We calculate seven years or half a life to the day and check every absence against passports and travel records.
- Decide who applies under which rules. A child with seven years' residence is considered under Appendix Private Life; parents and other children normally under Appendix FM.
- Build the evidence and the statement. Residence documents are organised year by year, and the reasonableness and best interests case is set out with school, medical and family evidence.
- Apply online. The application is made on the family life or private life form with biometrics and identity documents. Where the family cannot afford the fee, a fee waiver request is decided first.
- Receive the decision. Permission allows work and study; access to public funds depends on the family's circumstances. Refusal of a human rights claim normally carries a right of appeal to the First-tier Tribunal, with 14 days from the date the decision notice is sent to appeal from inside the UK.
- Plan for settlement. Children and young adults granted on this route can apply for settlement after five years with permission. Time is not the only test. An applicant who is still under 18 at the settlement application is exempt from the English language and Knowledge of Life in the UK requirements, but an applicant aged 18 or over must pass both: English at CEFR level B1 in speaking and listening for applications made before 26 March 2027, rising to level B2 for applications made on or after that date, plus the Life in the UK test. We plan the language test into the timetable from the first grant.
When Legal Advice Is Especially Important
Advice matters most where:
- the child is close to, but not yet at, seven years' residence, or a young adult is nearing 25
- the parents have no permission or are expected to leave the UK
- the child has a disability, ongoing medical treatment or special educational provision
- the child was born in the UK and may qualify for settlement straight away, or may be able to register as a British citizen
- there is a conviction, previous refusal or allegation of deception in the family's history
- an earlier application has been refused and the appeal deadline is running
How RakLAW Solicitors Can Help
RakLAW Solicitors advises families from 42 Shad Thames in Southwark, a short walk from Tower Bridge. We calculate the residence tests, say which family members qualify and under which appendix, and prepare one coordinated application, with any wider Article 8 family and private life case prepared alongside the child's.
If an application is refused we review the decision letter with you and advise on the appeal. We do not offer legal aid; our work is privately funded and our immigration fees are set out before we start. Book a free 15-minute consultation on 0203 345 2000 or through our contact page.
Frequently asked questions
Does seven years' residence give my child a right to stay?
No. Seven years' continuous residence is the first requirement under paragraph PL 3.1, and the Home Office must also be satisfied that it would not be reasonable to expect the child to leave the UK. The guidance's starting point is that a qualifying child would not normally be expected to leave, but the assessment is made case by case.
Does time without permission count towards the seven years?
Yes. Paragraph PL 7.1 says continuous residence may include time spent in the UK with or without permission. Time in prison or detention after a conviction is excluded but does not break the period.
What breaks my child's continuous residence?
A single absence of more than six months, absences totalling 550 days or more during the period, removal or deportation, leaving the UK after an application was refused, or leaving with no reasonable expectation of returning lawfully. Shorter holidays and visits count as absences but do not break residence on their own.
Can my child apply if the rest of the family has no status?
Yes. A child with seven years' residence is considered under Appendix Private Life in their own right, alone or with the family. The parents' position still matters: if both parents are expected to leave, the child will normally be treated as leaving with them unless evidence shows otherwise.
What does 'half their life' mean for a young adult?
A person aged 18 to 24 who arrived before 18 must have spent at least half their life continuously resident in the UK on the date of application. Turning 25 after applying does not change the outcome.
Should we ask for 30 or 60 months' permission?
Children and young adults who meet the residence tests can choose either, and both keep the child on the five-year route to settlement.
Can my child be granted settlement straight away?
Only where the child was born in the UK, has lived here continuously since birth for at least seven years, provides a full UK birth certificate and it would not be reasonable to expect them to leave. Otherwise a child or young adult granted on this route applies for settlement after five years with permission.
Will my child have access to public funds on this route?
Permission on this route normally carries a condition of no access to public funds. The condition is not imposed where the applicant is destitute or at imminent risk of it, where there are welfare reasons relating to a child that outweigh it, or where there are exceptional financial circumstances. The child's best interests are a primary consideration.
What are the best interests of the child?
Broadly, the child's well-being. Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to have regard to the welfare of children in the UK, and the courts treat those interests as a primary consideration in any Article 8 decision, though one the public interest can outweigh.
What happens if the application is refused?
Paragraph PL 8.1 requires the Home Office to consider whether refusal would breach Article 8 on private life grounds, unless paragraph PL 8.2 applies because the applicant falls for refusal under SUI 2.1, SUI 3.1, SUI 4.1 or SUI 5.1 of Part Suitability. Refusal of a human rights claim normally carries a right of appeal to the First-tier Tribunal under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002, and if you are in the UK the notice of appeal must reach the tribunal within 14 days of the date the decision notice is sent (rule 19(2) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014). There are exceptions: a claim certified as clearly unfounded under section 94(1) carries no appeal at all, a claim certified under section 94(7) or section 94B can only be appealed after leaving the UK, and further submissions rejected as not amounting to a fresh claim under paragraph 353 of the Immigration Rules carry no appeal against that rejection. Send us the decision letter as soon as you receive it.
Does my child need to be in the UK to apply?
Yes. Paragraph PL 1.2 requires the applicant to be in the UK on the date of application. A child outside the UK may need to be considered under the family routes instead, such as the child visa.
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