Can Parents Stay in the UK if Their Child Has Lived Here 7 Years?

Parents can often stay if their child has lived in the UK for 7 years, but they must make their own application. The child's grant does not pass to them automatically. A parent usually relies on Appendix FM as a parent, or on Article 8 and section 117B(6), which says removing a parent is not in the public interest where they have a genuine parental relationship with a qualifying child who cannot reasonably be expected to leave.

This is the question we hear most from families. The answer depends on the child's status, the parents' history and how the applications are linked. For the child's side of the case, see our 7-year child route guide.

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Does a child's 7 years give the parents a visa?

No. Each family member needs their own grant of permission. The child applies under Appendix Private Life. Parents apply on the basis of their relationship with that child.

• The child's 7 years make them a "qualifying child" in law.
• That status can make the parents' removal disproportionate.
• The parents must still apply, pay the fee and meet suitability rules.

What is section 117B(6) and why does it matter?

Section 117B(6) of the Nationality, Immigration and Asylum Act 2002 says the public interest does not require a parent's removal if two conditions are met.

1. The parent has a genuine and subsisting parental relationship with a qualifying child.
2. It would not be reasonable to expect the child to leave the UK.

A qualifying child is a child under 18 who is British or has lived in the UK continuously for 7 years or more. When both conditions are met, the parent's own immigration history does not, on its own, justify removal. This makes the reasonableness test the key battleground for the whole family.

Which route do parents apply under?

Most parents apply under the parent route in Appendix FM, using the exception in paragraph EX.1(a). EX.1(a) mirrors section 117B(6). It applies where the parent has a genuine and subsisting relationship with a child who is British or has lived here for 7 years, and it would not be reasonable for the child to leave.

• Child qualifies on 7 years, and the parent relies on EX.1(a): Appendix FM parent, 10-year route. ILR after 10 years with permission.
• Child is British or settled, and the parent has sole responsibility or direct access and meets all requirements: Appendix FM parent, 5-year route. ILR after 5 years.
• Family case outside the Rules: Article 8 leave outside the Rules. Settlement depends on the grant.

Grants on the 10-year route are usually for 30 months at a time. Each grant costs £1,407 per adult plus the health surcharge of £1,035 a year.

Should parents apply at the same time as the child?

Usually yes. Applying together lets the Home Office see the whole family in one decision. Linked applications avoid a situation where the child is granted but the parents are refused, or the reverse.

• Each person completes their own online form and pays their own fee.
• The applications should cross-reference and share one set of legal representations.
• A fee waiver request can cover the family where they cannot afford the fees.

What if the parents have overstayed or have a poor immigration history?

Overstaying does not stop a parent relying on section 117B(6), as the Supreme Court confirmed in KO (Nigeria) [2018] UKSC 53. The parent's conduct is not held against the child in the reasonableness assessment.

However, serious suitability issues can still lead to refusal:

• Criminal convictions, especially sentences of 12 months or more
• Deception or false documents in previous applications
• Outstanding litigation debts or NHS charges

If any of these apply, take advice before submitting.

What if only one parent is in the UK?

A single parent with the child can apply in the same way, relying on their relationship with the qualifying child. If the other parent is British or settled, the family may also have other options under Appendix FM.

Where the parents are separated, the parent who does not live with the child must show a genuine relationship, for example through regular direct contact and involvement in the child's life.

Can parents rely on the child's ILR?

Yes. If a UK-born child is granted ILR, they are settled, which can open the 5-year parent route or strengthen an Article 8 case. A settled or British child is a strong anchor. See UK-born child 7 years ILR.

What changed for families in October 2026?

From 8 October 2026, 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. This does not change the 7-year test or the parent route. It changes how families facing removal can raise their claim. See 7-year child rule changes 2026.

Can parents get ILR?

Yes, parents can get ILR, but not at the same time as their child. A parent who relies on the child’s 7 years usually goes on the 10-year parent route and can apply for ILR after 10 continuous years with permission. A parent who meets every requirement of the 5-year parent route can apply after 5 years.

Need advice on your immigration options as a parent?

A child's 7 years of residence in the UK may support a parent's immigration application, but it does not automatically give parents the right to remain. The correct route will depend on your family circumstances, your relationship with your child and the relevant immigration rules. Getting professional legal advice can help you understand your options and the evidence required.

Moeen & Co. Solicitors can assess your circumstances, explain the relevant immigration routes and advise you on the next steps. Contact our immigration team today on 0203 959 7755 to discuss your case and receive tailored legal guidance.

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