The 7 Year Child Rule in the UK (2026): How Your Child Can Stay and Settle

Under the UK's 7-year child rule, a child under 18 who has lived in the UK continuously for at least 7 years can be permitted to stay if it would not be reasonable to expect them to leave. A child born in the UK can apply straight for Indefinite Leave to Remain (ILR). A child born abroad gets 30 or 60 months' permission first, then ILR after 5 years.

The rule sits in Appendix Private Life of the Immigration Rules, paragraph PL 3.1. It replaced the old paragraph 276ADE in June 2022. The test for children has not changed in 2026.

Has your child lived in the UK for 7 years or more? They may be able to stay, and if they were born here, apply straight for settlement. Our immigration solicitors will check your child's residence, age deadline and the right application before you pay any Home Office fee. Call 0203 959 7755 to speak to our team.

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What is the 7-year child rule?

The 7-year child rule is a private life route that protects children who have spent their formative years in the UK. It recognises that after 7 years, a child's life is usually rooted here, and that uprooting them may breach their right to private life under Article 8 of the European Convention on Human Rights.

The rule has three core parts:

• The child must be under 18 on the date the application is made.
• The child must have lived in the UK continuously for at least 7 years.
• It must not be reasonable to expect the child to leave the UK.

Time spent here without a visa still counts towards the 7 years (PL 7.1). That matters for families where the parents overstayed. Read the full breakdown on our 7-year child route requirements page.

Who qualifies under the 7-year child route?

A child qualifies if they are under 18, have 7 years' continuous UK residence, and the Home Office accepts it would be unreasonable for them to leave. They must also pass the suitability checks and make a valid application.

• Children born in the UK who have lived here since birth for 7 years. See UK-born child 7 years ILR.
• Children born abroad who arrived young and have now lived here for 7 years. See 7-year child rule for a child born abroad.
• Young adults aged 18 to 24 who missed the child route can rely on the "half of life" test instead. See the half-life rule for 18 to 24-year-olds.

Does a UK-born child get ILR after 7 years?

Yes, a child born in the UK who has lived here continuously since birth for 7 years can apply directly for ILR. They do not need to hold limited permission first. ILR is still not automatic: the reasonableness test and suitability checks apply.

This is the strongest position under the private life rules. Many families do not realise their child can skip straight to settlement. Our UK-born child page explains the evidence needed from birth onwards.

What happens if the child was born abroad?

A child born outside the UK is first granted 30 months or 60 months' permission to stay, then can apply for ILR after 5 continuous years with permission. Applying for 60 months avoids paying for an extension halfway through.

During those 5 years, stricter absence rules apply: normally no more than 180 days outside the UK in any 12-month period. If the child turns 18 before applying for ILR, they also need the Life in the UK test and English at B1 (B2 for applications made on or after 26 March 2027).

What does "not reasonable to expect the child to leave" mean?

It means the Home Office looks at the child's real life and asks whether moving them to another country would be fair. Home Office guidance says the starting point is that a qualifying child would not normally be expected to leave. But each case is decided on its evidence.

Decision makers consider:

• The child's age and how long they have lived here
• Their stage of education, especially exam years
• Friendships, community ties and wider family in the UK
• Health, disability or special educational needs
• Language ability and links to the other country
• Whether the parents are themselves expected to leave

The parents' position matters because of the Supreme Court's ruling in KO (Nigeria) [2018] UKSC 53. Our reasonableness test page explains how to build this evidence.

Do absences from the UK break the 7 years?

Continuous residence is broken by a single absence of more than 6 months, or 550 days or more outside the UK in total. Removal, deportation, or leaving after a refused application also breaks it.

Short family holidays rarely cause a problem. Long stays abroad with grandparents often do. Check every trip on our continuous residence and absences page before applying.

Can parents stay if their child has lived in the UK for 7 years?

Often yes, but the parents need their own application. A child's grant does not pass automatically to the parents. Parents usually apply under Appendix FM as a parent, or rely on Article 8 and section 117B(6) of the Nationality, Immigration and Asylum Act 2002.

Section 117B(6) says removing a parent is not in the public interest where they have a genuine parental relationship with a qualifying child, and it is not reasonable to expect that child to leave. A child with 7 years' residence is a qualifying child. See can parents stay if a child has lived in the UK 7 years.

How much does a 7-year child route application cost in 2026?

Permission to stay costs £1,407 per person, plus the Immigration Health Surcharge of £776 a year for a child. ILR costs £3,226 per person, with no health surcharge. These are the Home Office fees in force since 8 April 2026 and unchanged in the 8 October 2026 fee table.

• Permission to stay (30 or 60 months): £1,407 per applicant, plus health surcharge of £776 a year (child) or £1,035 a year (adult)
• ILR (settlement): £3,226 per applicant, no health surcharge
• Register a child as British (MN1): £1,000 per child, no health surcharge

A fee waiver can be requested for permission to stay if the family cannot afford it. There is no fee waiver for ILR. Full details are on our application fees page.

How long does the Home Office take to decide?

GOV.UK says private life applications for permission to stay take about 12 months. ILR on private life is usually decided within 6 months of biometrics. Complex cases can take longer. See our processing time page.

Which form and documents do you need?

Permission to stay uses the online form "Application to remain in the UK based on family life or private life" (FLR(FP)). ILR uses the online settlement application for a child on the private life route. The evidence must prove both the 7 years and why leaving would be unreasonable.

• Which application form to use
• Full documents checklist

Have the rules changed in 2026?

The 7 year test itself has not changed in 2026. The 8 October 2026 update to Appendix Private Life (Statement of Changes HC 584) lets families in the Family Returns Process raise a private or family life claim without a formal application, fee or form. Separate HC 584 changes tighten how fee waiver requests protect section 3C leave.

The Home Office's "earned settlement" consultation closed on 12 February 2026. No rule change has been made to implement it yet. Track developments on our 7-year child rule changes 2026 page.

What if the application is refused?

Most refusals of a 7 year child application are refusals of a human rights claim, which carry a right of appeal to the First-tier Tribunal. The deadline for an in-country appeal is 14 days from the decision. See refusal and appeal.

Can my child become British after ILR?

Yes, ILR is usually the step before British citizenship. A UK-born child may be entitled to register under section 1(3) once a parent settles, or under section 1(4) after their first 10 years here. Other children apply under section 3(1). See British citizenship after 7 year child ILR.

Why families choose Moeen & Co. Solicitors

We prepare 7 year child cases around the child's real life, not just a count of years. We check every absence, build a residence timeline, gather school and medical evidence, and link the parents' applications where needed.

• Clear advice on whether to apply for permission or ILR
• Parents' and children's applications prepared together
• Fee waiver requests where the family cannot pay
• Appeals and fresh applications after refusal

Does your child qualify under the 7-year child route?

If your child has lived in the UK for 7 years, understanding the immigration requirements is essential. Our immigration solicitors can assess your circumstances, explain your options and guide you through the application process.

Speak to Moeen & Co. Solicitors for expert immigration advice on the 7-year child route. Call us today on 0203 959 7755 to discuss your child's eligibility and find out how we can help.

Frequently asked questions