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This area covers cases where a family member who has overstayed their visa seeks leave to remain because a dependent child has reached seven years in the country. It deals with how the Home Office assesses family ties, continuous residence, and the best interests of the child, alongside any discretionary considerations that might apply to the stay. A solicitor in this field explains the legal basis for applying for leave, the evidentiary requirements, and the possible routes to regularisation of status.
The key protection is securing leave to remain so the family can stay together and avoid removal. A solicitor helps gather evidence of residence and family links, drafts the application and supporting statements, coordinates with the Home Office, and handles any appeals or reviews if the initial decision is unfavourable. The decision hinges on factors such as the child’s seven-year residence, parental care arrangements, and the potential impact of removal on the child.
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