Seven years in the United Kingdom is not a guarantee of visa approval. A child must prove that it would be impossible or intolerable for them to leave the country. This does not protect parents: they must submit a separate application on their own grounds, and their immigration breaches do not transfer to the child.
What seven years of residence gives to a child
Seven years on the territory of the United Kingdom is merely a condition for the possible submission of an application based on the child’s best interests. The length of residence alone does not decide the case. The applicant must prove one more criterion: that it would be unreasonable to expect the child to live outside the United Kingdom. This means that the child has put down roots in the country, established social connections, and can only live here. It is a combination of factors: attachment to the place, status at school, language skills, state of health, and the absence of viable prospects in the country of origin.
Residence permit for a child born in the United Kingdom
A child born in the United Kingdom, upon successful application, receives unlimited leave to remain (ILR) — that is, settlement. This is the most favourable outcome for UK-born children.
What a child born outside the United Kingdom will receive
A child born outside the United Kingdom and who has lived in the country for seven years typically receives limited leave to remain at the first stage. After this, they can apply for settlement, but not automatically. The path to unlimited leave requires additional time and a reassessment of circumstances.
Parents do not automatically receive a visa
A child’s successful application does not guarantee approval for their parents in any way. Parents must submit a separate application on independent legal grounds. Each of them must have their own reasons for obtaining the right to stay — for example, complex medical circumstances or their own family ties. The decision for each parent is made independently.
Parental breaches and the risk of refusal
If parents have been present in the United Kingdom in breach of immigration rules (overstay), this may be taken into account in their application. However, a child cannot be punished for the actions of their parents. The immigration service is obliged to assess each case separately, paying attention to the best interests of the child. A parental breach does not automatically become grounds for refusing a visa to the child, although the relevance of this fact is acknowledged.
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