A
new Immigration rule was introduced in 2012 which stated that if a
foreign child had resided in the UK for at least 7 years & it was
not reasonable to expect the child to relocate, they would be
permitted to stay in the UK. It implied that the child’s parents
would also be allowed to stay to look after the child.
The
rules were similar if the child was British and it was not reasonable
to expect the child to relocate with their foreign national parent.
Section
117B(6) of the Immigration Act 2014 reinforced this rule and stated
that a person with a genuine and subsisting parental relationship
with a child who had lived in the UK for 7 years or more or is
British will be permitted to remain in the UK if it would
unreasonable to expect the child to relocate.
In
the recent case of
MA
(Pakistan)
the
Immigration Judge was of the view that in considering such cases
significant weight should be given to the fact that a child has
resided in the UK for 7 years and that there would have to be very
good reasons for departing from this viewpoint and leave not to be
granted.
At
paragraph 46 of the judgment the Judge has stated the following:
…...the
fact that a child has been here for seven years must be given
significant weight when carrying out the proportionality
exercise.……..After such a period of time the child will have put
down roots & developed social, cultural & educational links
in the UK such that it is likely to be highly disruptive if the child
is required to leave the UK.
He
goes on to say that “as a starting point that leave should be
granted unless there are powerful reasons to the contrary” if the
child has resided in the UK for seven years or more.
This
case provides a good base for a more child centred approach to
Immigration cases affecting children.
If
you need a U.K immigration lawyer & need help with any aspect of
UK immigration law whether from inside the U.K or from overseas,
contact Shalini V Bhargava of Aschfords Law in Harrow, London. We
also provide legal advice and assistance in respect of Family
Law London,
Family
Solicitors Harrow,
Wills
& Probate, Litigation, Landlord & Tenant.
Please
contact us today on +44 (0) 7582932830 or visit our website on
www.aschfordslaw.com
