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27-May-2020 18:51 by 10 Comments

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The changes are designed to bring consistency and transparency to decision-making.In December 2012, though, a new criterion of whether it would be reasonable for the child to leave the UK was added by Statement of Changes HC 760 (see Sarah Pinder’s write up at the time here).

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The explanatory notes accompanying that particular change (paragraph 7.6) stated that: The key test for a non-British citizen child remaining on a permanent basis is the length of residence in the UK of the child – which the rules set at at least the last seven years, subject to countervailing factors.

It is also perhaps an example of the replacement of humane discretionary policies with ultimately weaker and sometimes illusory human rights protections.

Although the removal of those minimum and minimal human rights standards now would leave us with nothing, basically.

The seven years of residence for children can be lawful or unlawful – but a child is of course unaware of and not responsible for his or her own compliance or otherwise with immigration law requirements.

The general approach to continuous and long lawful residence is that adults will qualify for settlement after ten years continuous lawful residence in temporary categories: paragraph 276B.

Until 2008 children who resided in the UK for seven years would permitted to remain under a Home Office policy called DP5/96, as would their parents.

There were certain public interest ‘escape’ clauses for the Home Office – if the parents had deliberately gone to ground, committed offences or similar – but most applications under this policy would succeed.In addition, adults will qualify for settlement after five years continuous residence in certain skilled migration categories, such as Tiers 1 and 2 of the Points Based System.Entry under the family routes in Appendix FM also leads to settlement after five years.This rule also applies to children in their own right.Since July 2012, adults generally need to reside for 30 years to achieve settlement if any or all of the residence is unlawful: 20 years to qualify for limited leave to remain under paragraph 276ADE(1)(iii) then 10 further years to qualify for Indefinite Leave to Remain.The Rules deal clearly with how to treat British citizen and other children in cases where we would otherwise intend to remove their parent(s) and how countervailing factors should weigh in the decision.

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