Q&As

Where a family of non-EEA nationals are living in the UK having overstayed their previous leave, and they wish to apply for leave to remain on the basis of one of the family being a child who has lived continuously in the UK for seven years, what are the possible bases of stay for such application(s), and what form(s) should be used (including who should be the main applicant(s) and who the dependants)?

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Produced in partnership with Gary McIndoe of Latitude Law
Published on LexisPSL on 28/11/2017

The following Immigration Q&A Produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:

  • Where a family of non-EEA nationals are living in the UK having overstayed their previous leave, and they wish to apply for leave to remain on the basis of one of the family being a child who has lived continuously in the UK for seven years, what are the possible bases of stay for such application(s), and what form(s) should be used (including who should be the main applicant(s) and who the dependants)?
  • Application based on private life under the Immigration Rules, Part 7, para 276ADE on Form FLR(FP)
  • Public interest considerations

Application based on private life under the Immigration Rules, Part 7, para 276ADE on Form FLR(FP)

Where neither parent nor children have leave to remain in the UK, this will be the appropriate application. The relevant alternative subsection(s) of Immigration Rules, Part 7, para 276ADE can be argued regardless of who is the main applicant. As long as all parties are named on the application, the application complies with the validity requirements found in the Immigration Rules, Part 1, para 7 and the relevant fees are paid, they must all be considered. Failure to do so is wrong in law, and may be challenged through either statutory appeal or judicial review depending on the nature of the final decision.

See: Long residence and private life resources—overview for details of eligibility under the private life rules.

Immigration Rules, Part 7, para 276ADE(1)(iv) states that a child may be granted leave on the basis of private life where he is ‘under the age of 18 years and has lived continuously in the UK for at least seven years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK’.

Immigration Rules, Part 7, para 276ADE(1)(vi) provides that a person may be granted leave on the basis of private life where, subject to subparagraph (2), he is ‘aged 18

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