A child may be eligible to apply for Indefinite Leave to Remain (ILR) based on their birth in the UK and seven years of continuous residence within the country. This application is made in accordance with the stipulations outlined in the Appendix Private Life of the Immigration Rules. The recent amendments to the Immigration Rules have introduced the option for children born in the UK and residing there for seven years to apply for ILR.

For personalized assistance, reach out to our expert team at Aden & Co Solicitors for free online immigration advice, or schedule a consultation with one of our experienced immigration lawyers to discuss the details of your ILR application as a child born and raised in the UK for seven consecutive years.

At Aden & Co Solicitors, our team of specialist immigration lawyers is committed to providing prompt, reliable, and affordable legal services. We offer fixed-fee consultations and expert representation regarding ILR applications for children born in the UK and who have maintained continuous residence for seven years.

Requirements for ILR as a Child Born in the UK and Residing in the UK for 7 Years

A child applying for Indefinite Leave to Remain (ILR) based on their birth in the UK and continuous residence for seven years must fulfill the following criteria outlined in the Immigration Rules under Appendix Private Life:

Valid ILR Application

The applicant must submit a valid ILR application, demonstrating that they were born in the UK and have lived there continuously for at least seven years. The application should adhere to the specific requirements detailed in Appendix Private Life of the Immigration Rules.

Birth in the UK

The applicant must be born within the UK and provide an official full UK birth certificate as proof of birth.

Suitability Requirements

The application for ILR will be refused on suitability grounds if the applicant does not meet the criteria as outlined in the Immigration Rules. It is essential for the applicant to ensure that no issues arise under the suitability provisions during the application process.

Residence Requirements

The applicant must have lived continuously in the UK since birth, with a minimum of seven years of continuous residence at the time of the application.

The duration of continuous residence can include periods spent in the UK with or without legal permission. However, time spent in prison or in any institution other than a prison will not count towards the residence requirement.

A break in continuous residence occurs if any of the following situations apply:

• The applicant has been absent from the UK for more than six months at any one time.
• The applicant has accumulated a total of 550 days or more of absence from the UK within the seven-year continuous residence period.
• The applicant has been removed, deported, or voluntarily left the UK following a refusal of an application for permission to enter or stay.
• The applicant left the UK without a reasonable expectation of being able to return lawfully.

Reasonableness of Expecting a Child to Leave the UK

The decision-making authority must ensure that it is not unreasonable to expect the applicant to leave the UK. As established in the case of Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661, the question of whether it is reasonable to ask a child to leave the UK must be addressed, regardless of whether the child is actively anticipated to leave.

In the ruling of KO (Nigeria) and Others [2018] UKSC 53, particularly concerning one appellant, NS (Sri Lanka), the Supreme Court emphasized that the concept of ‘reasonableness’ should be assessed in the real-world context of the child’s circumstances. The immigration status of the parents is a significant factor in understanding this context. The ruling clarified that if both parents are expected to leave the UK, the child is typically expected to accompany them unless there is compelling evidence that such an expectation would be unreasonable.

For children whose parents lack permission to remain in the UK, there is no automatic presumption that they, along with their parents, will be granted permission to stay. Instead, each case must be carefully evaluated in light of all the circumstances to determine if it would be unreasonable to expect the child to leave the UK with their parents. If it is found to be unreasonable, the family may have the right to remain in the country.

This assessment must prioritize the best interests of the child. The Home Office, UK Visas & Immigration (UKVI), must meticulously consider all pertinent aspects presented in the application and thoroughly review any supporting evidence. Decisions should not be based solely on unverified claims regarding the child, but rather on a comprehensive analysis of all the evidence provided. All relevant factors must be evaluated holistically.

Super Priority Service: Fast-Track Your ILR Decision Within 24 Hours

Aden & Co Solicitors, leading immigration experts based in London, are fully accredited by the Home Office, UK Visas & Immigration (UKVI), and its commercial partner UKVCAS Sopra Steria to offer the exclusive Super Priority Service for Indefinite Leave to Remain (ILR) applications. By utilizing this service, you can secure a decision on your ILR application within just 24 hours, significantly reducing the typical waiting time that can extend for months, or in some cases, even years. Submit your ILR application through our Super Priority Service and experience a swift, efficient process for your immigration journey.

How Aden & Co Solicitors Can Assist You with Your ILR Application

At Aden & Co Solicitors, our team of expert immigration solicitors offers comprehensive advice and legal representation for your Indefinite Leave to Remain (ILR) application, all for a fixed fee. This fixed fee ensures that all necessary legal work will be handled by our skilled solicitors until a final decision is made by the Home Office UKVI regarding your ILR application. Our services include the following key aspects of the application process:

Expert Advice on Requirements:
Our solicitors will provide in-depth guidance on the specific requirements you must meet to ensure the success of your ILR application.

Document Preparation and Guidance:
Our team will send you a complete list of the documents required to support your ILR application, ensuring you have everything needed to proceed.

Document Assessment:
We will thoroughly review your submitted documents to ensure they align with the stringent requirements of the Immigration Rules.

Completion of the Application Form:
Our immigration lawyers will carefully fill out the relevant ILR application form on your behalf, ensuring accuracy and compliance with the latest regulations.

Priority or Super Priority Submission:
Where available, we will submit your application using the Priority or Super Priority service to expedite the decision-making process for your ILR application.

Appointment Booking for Biometrics:
After submitting your application online, our solicitors will arrange your biometrics appointment at the application centre, ensuring you comply with all procedural requirements.

Comprehensive Cover Letter Preparation:
Our expert solicitors will draft a detailed cover letter that explains how your application meets all the necessary legal criteria for ILR approval.

Online Document Submission:
Before your biometrics appointment, we will upload all required supporting documents online for the Home Office’s review.

Follow-Up Services:
Our team will manage all follow-up actions until the Home Office UKVI makes a decision on your ILR application, providing you with continuous support throughout the process.

Comprehensive One-Off Services for UK Immigration Applications

At Aden & Co Solicitors, we offer an extensive range of one-off legal services to assist with UK visa and immigration applications. These services are designed for individuals who prefer not to engage with our full-service package but still require expert legal support. The following one-off services are available to ensure your immigration process is handled efficiently and effectively:

Fixed Fees for ILR Application – Tailored to Your Needs

At Aden & Co Solicitors, we offer a transparent and competitive fixed fee structure for your ILR (Indefinite Leave to Remain) application. The fee ranges from £1,500 to £3,000 (excluding VAT), depending on the complexity of your case and the amount of work required for processing your application.

This fixed fee covers the full legal support provided by our experienced immigration specialists in preparing and submitting your application as a child born in the UK, who has continuously lived in the country for at least 7 years.

Please note, the fixed fee does not include any additional costs such as UKVI application fees. Applicants will be responsible for paying the Home Office UKVI fees directly to the Home Office.