When Is It "Not Reasonable to Expect a Child to Leave the UK"?

It is not reasonable to expect a child to leave the UK when, looking at the child's real life, moving them to another country would cause unjustified harm to their welfare, education or development. For a child with 7 years' residence, Home Office guidance says the starting point is that they would not normally be expected to leave, unless there are strong reasons the other way.

The reasonableness test is the heart of every 7-year child application. It decides more cases than any other requirement. This page explains how decision makers apply it and how to evidence it. For the full route, see our 7-year child route guide.

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Where does the reasonableness test come from?

The test appears in paragraph PL 3.1 of Appendix Private Life and in section 117B(6) of the Nationality, Immigration and Asylum Act 2002. Both ask whether it would be reasonable to expect a child to leave the UK.

• PL 3.1 applies to the child's own application.
• Section 117B(6) applies to a parent's Article 8 case where they have a genuine parental relationship with a "qualifying child".
• A qualifying child is a child who is British or has lived in the UK for 7 years or more.

Is 7 years enough on its own?

No. Seven years creates a strong presumption in the child's favour, but it does not decide the case automatically. The Home Office must look at the individual child.

Courts have said that 7 years' residence, especially from about age 4 onwards, carries significant weight. This reflects the fact that these are the years when a child forms friendships and an identity outside the family. A family should still prove why the presumption applies.

What factors does the Home Office consider?

The Home Office considers the child's age, length of residence, education, relationships, health, language and links to the other country. The question is how relocation would affect this particular child.

The main factors:

• Age: older children usually have deeper roots.
• Length of residence: the longer the stay, the stronger the claim.
• Born in the UK or not: a UK-born child may have no lived connection elsewhere.
• Education: critical stages such as GCSEs or A-levels weigh heavily.
• Relationships: friends, wider family and community ties.
• Health and needs: disability, medical treatment or special educational needs.
• Language: whether the child can read or write the other country's language.
• Country links: visits, relatives, housing and support there.
• Who leaves with them: whether the parents are expected to leave too.

How does the KO (Nigeria) judgment affect the test?

In KO (Nigeria) [2018] UKSC 53, the Supreme Court held that reasonableness is judged in the "real world", which includes whether the parents are expected to leave. The parents' bad immigration history is not held against the child as such. But if both parents have no right to stay, the child is normally assumed to leave with them.

This means:

• The question is not whether the parents deserve to stay.
• It is whether, if the family left together, it would be reasonable for the child to go.
• If one parent has a right to stay, the analysis changes significantly.

This is why we prepare the child's and parents' cases together. See can parents stay.

How do the child's best interests fit in?

The child's best interests are a primary consideration in every decision, under section 55 of the Borders, Citizenship and Immigration Act 2009. They are not the only consideration, but they must be weighed first and carefully.

The Supreme Court confirmed this approach in ZH (Tanzania) [2011] UKSC 4. A decision that ignores the child's welfare, or treats it as an afterthought, is open to challenge on appeal.

What evidence best proves it is unreasonable for a child to leave?

Evidence from independent professionals carries the most weight. A short parental statement that the child "loves school" is rarely enough.

• Detailed school letters on progress, attainment and attachments
• Exam timetables showing the child is mid-GCSE or A-level
• Medical or special educational needs evidence, including EHC plans
• Letters from coaches, faith leaders or youth workers
• Evidence the child cannot read or write the other country's language
• Country evidence on schooling, health care or safety for that child
• An independent social worker or child psychologist report, in complex cases

The full list sits on our documents checklist.

When might the Home Office say it is reasonable for a child to leave?

The Home Office may find it reasonable where the child has strong ties to another country and both parents are expected to return there. Common arguments in refusal letters include:

• The child is young and can adapt to a new school
• The child speaks the language of the other country at home
• Extended family there can offer support
• The child has visited the other country often
• The parents' poor immigration history weighs against the family

Each argument can be answered with evidence. We address them before the application goes in, not after a refusal. See refusal and appeal.

Does the test differ for children born in the UK and abroad?

The legal test is the same, but the facts usually differ. A UK-born child often has no lived experience of the other country, which strengthens the case. A child born abroad may need more evidence about weakened links. Compare UK-born child and child born abroad.

Should the child's own views be included?

Older children's own views can be relevant and persuasive, if gathered carefully. A short, natural letter in the child's own words can help. Never coach a child or ask them to describe distressing matters. In sensitive cases, a professional should speak with the child instead.

Need advice on the 7-year child route reasonableness test?

We structure each case around the child's life, factor by factor, with independent evidence for each. We draft legal representations that apply PL 3.1, section 117B(6), section 55 and KO (Nigeria) to your child's facts.

Speak to **Moeen & Co. Solicitors** for expert immigration advice. Call us today on **0203 959 7755** to discuss your child's circumstances and understand how the reasonableness test may apply to your case.

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