Within UK law, there was formerly a presumption that a child who had lived here for seven ongoing years will be authorised to remain in the UK along with their parents. This was within policy DP5/6 by the Home Office, which was unfortunately withdrawn in December 2008. In 2012, having said that, the 7 year residency period of a child being a qualifier for leave to remain was renewed when it was officially validated into the Immigration Rules.
The 7 year rule for children was contributed to The Rules on the awareness that youngsters will have integrated and adjusted to life in the UK throughout this period of time, thus as to remove them would be detrimental to their well-being plus to expect them to be taken away will be taken into account as detrimental. The rule specifies in which the child and/or parents should have resided in the UK for a period of the 7 year rule before their document for leave to remain could be accepted by the Home Office.
The consideration for decision makers in cases of leave to remain consisting of youngsters where the application is based on Article 8 of the European Convention on Human Rights ought to consistently be the best interests of the youngster. In section 55 of the Borders, Citizenship as well as Immigration Act 2009, it is specified in which the law is in place to “safeguard and promote the welfare of children” in the UK, consisting of those who are the youngsters of migrants.
Guidance has been provided to guarantee that arrangements remain in place to provide confidences that the duty to think about the welfare as well as the interests of the child is being properly undertaken by judgement makers in these kinds of cases. It states that all people thinking about cases of this nature possess an express responsibility to thoroughly as well as extensively think about all proof as well as information submitted to them in regard to the youngster associated with the situation, as well as the result in which remains in their best interests. In which youngsters or their parents do not satisfy the arrangements as laid out in the Immigration Rules, judgement makers are after that underneath a further obligation to consider regardless if there are remarkable situations bordering the situation that might sanction a grant of Leave to Remain outside of the Immigration Rules. They must contain and detail in their last decision that all details have been fully thought about, and demonstrate why the choice is in the best interests of the child.
