7 Years Child Residence Rule – Your Rights and How to Apply

If your child has lived in the UK for seven years without a break, you might be able to apply for them and potentially your whole family to stay in the country legally. This route is part of UK immigration law and is designed to protect children who have made the UK their home. Whether your child was born here or arrived when they were younger, the 7 year child residence rule could be your way forward.

What Is the 7 Years Child Residence Rule?

The 7 year child residence rule is part of the UK’s immigration system. It allows children who have lived continuously in the UK for at least seven years to apply for permission to stay. The idea behind the rule is that, after this length of time, a child is likely to have built strong ties to life here at school, with friends, in their community and it may not be reasonable to expect them to leave.

Although the legal reference used to be under paragraph 276ADE(1)(iv) of the Immigration Rules, recent changes now include this within the Private Life route. The Home Office will still assess whether it’s in the child’s best interests to remain in the UK, taking into account how well they’ve settled, their wellbeing, and how removal would affect their life.

Who Qualifies Under the 7 Year Rule?

To apply under the 7 year child rule, there are a few basic conditions that must be met:

• The child must be under 18 on the date of the application.
• They must have lived in the UK for seven continuous years, without any long absences.
• They can apply even if they or their parents don’t have lawful status. The Home Office will still consider the case.
• The application will also look at whether it would be unreasonable to expect the child to leave the UK, based on their personal situation.

Each case is looked at individually. It’s not just about ticking boxes, it’s about showing that the child is truly connected to life in the UK.

What About Parents and Siblings?

One of the most common questions we hear is whether parents can also stay if the child qualifies under this rule. In many cases, the answer is yes.

When a child is granted permission to stay under the 7 year rule, the Home Office often considers whether the parents and any siblings should also be allowed to remain. This is based on what’s called a “derivative claim,” meaning the parent’s right to stay is linked to the child’s situation.

Siblings who have lived in the UK during the same period or who were born here while the family was living in the country may also be included in the application.

How to Apply for Leave to Remain Based on 7 Years’ Residence

You’ll need to apply using the FLR(FP) form (which stands for Further Leave to Remain Family and Private Life). This is an online application that you can complete yourself, or with the help of an immigration solicitor.

The process involves:

• Filling out the online application form
• Paying the relevant fees (unless you apply for a fee waiver)
• Booking an appointment to enrol your biometric information (photo and fingerprints)
• Uploading your supporting documents online

It’s really important to provide strong evidence to support the application, as this helps the Home Office understand your child’s circumstances clearly.

What Evidence Do You Need?

Gathering the right documents is one of the most important steps in the process. You’ll need to show that your child has lived in the UK for at least seven years, and that they are well integrated into life here.

Here are some examples of what you might include:

• School attendance records and reports
• Letters from teachers, support staff or headteachers
• GP or hospital appointment records
• Letters from friends, neighbours or community groups
• Evidence of social activities, such as clubs or sports teams
• Tenancy agreements and council tax letters to show the family’s residence

You can also include personal statements from the child and parents, explaining how long they’ve lived here, what their life is like, and why they want to stay.

What Are the Fees and Timelines?

As of 2025, the Home Office application fee for FLR(FP) is around £1,048 per applicant, plus the Immigration Health Surcharge (IHS), which is currently £1,035 per year of leave granted. Most applicants receive 2.5 years of leave at a time, so the total cost can be significant.

If you’re on a low income or receiving certain benefits, you might be able to apply for a fee waiver. This would allow you to submit your application without paying the fees upfront.

Most decisions are made within 6 to 12 months, although times can vary.

What Happens If the Application Is Refused?

If your application is refused, you still have options. You’ll usually have the right to appeal the decision under human rights grounds, but it’s important to act quickly. There are strict deadlines for submitting an appeal, so don’t wait too long.

In some cases, it may be better to submit a fresh application with stronger evidence. If you’re unsure, getting legal advice at this point is a good idea. It can help you understand your chances and next steps.

7 Year Child Residence and Indefinite Leave to Remain (ILR)

Getting permission to stay under the 7-year rule doesn’t mean your child has permanent status straight away. However, it can put them and your family on the path to Indefinite Leave to Remain (ILR).

Usually, after living in the UK lawfully for 10 years, applicants can apply for ILR through the long residence route. If granted, ILR allows you to live in the UK permanently without any time restrictions.

Until then, you’ll need to keep applying for extensions under the Private Life route, every 2.5 years.

FAQs – 7 Years Child Rule

Can a child stay in the UK after 7 years?

Yes. If a child has lived in the UK for seven continuous years and it wouldn’t be reasonable to expect them to leave, they can apply for leave to remain. Each case is judged on its own facts.

What is the success rate for 7 years child applications?

Success often depends on the quality of evidence and whether the Home Office agrees it’s in the child’s best interests to stay. Applications supported by good documentation and legal advice tend to do better.

Do parents get leave to remain if the child qualifies?

Often, yes. If a child is granted leave, parents and siblings may also be allowed to stay to maintain family unity. The Home Office will consider the family’s full situation.

Is 7 years residence enough for ILR?

Not immediately. ILR usually requires 10 years of lawful residence. However, the 7 year rule is a step towards that, and each approved extension helps build your time in the UK.

Get Help Applying Under the 7 Year Rule

You don’t have to handle this process on your own. At Solicitors in Manchester, we provide free immigration advice to help you understand your rights and start your application confidently. Our experienced immigration solicitors offer:

• Free 5-minute advice via Live Chat (WhatsApp)
• Free Immigration Advice Helpline – Call 0161 464 4140
• Email support at ask@solicitorsinmanchester.co.uk

If your case is more complex, we also offer full consultations where we take time to go through your situation in detail and prepare your application properly.

The 7 years child residence rule has helped many families remain together in the UK when children have spent most of their lives here. While the process can feel stressful, having clear information and support can make all the difference. The key is to act early, gather strong evidence, and get proper legal advice.

If you’re unsure where to start, speak to one of our friendly solicitors today. A short free conversation could give you the clarity you need.

Call 0161 464 4140 or book an appointment to take the first step.