Case No. UKUT-00108-(IAC)

(i) The IDI contains, in paragraph 8.2.3.2, a short section relating to paragraph 276 ADE (1)(iv): “In order to meet these requirements, a child under 18 must have lived continuously in the UK for at least 7 years, discounting any period of imprisonment. Further information on continuous residence can be found in Section 8.2.3.5 below. The criteria set out in paragraph 276ADE(1)(iv) reflect the duty in section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of children who are in the UK, by which we mean their best interests. The decision maker must have regard to the best interests of the child as a primary consideration (but not the only or the paramount consideration). They must fully consider the child’s best interests. The decision maker must assess whether it is reasonable to expect a child to leave the UK under paragraph 276ADE(1)(iv), and must carefully consider all of the information provided in the application. Decisions must not be taken simply on the basis of assertions about the best interests of the child. All the relevant factors need to be assessed in the round. When considering paragraph 276ADE(1)(iv), the decision maker must refer to Section 11 of this guidance for further information on how to consider the best interests of a child and assessing whether it is reasonable to expect the child to leave the UK” In a separate section, paragraph 11.2.4 of the IDI poses the following question: “Would it be unreasonable to expect a non-British citizen child to leave the UK?” (ii) The following moderately prolix answer, which invites consideration in all its fullness, is supplied: “The requirement that a non-British citizen child has lived in the UK for a continuous period of at least the 7 years immediately preceding the date of application, recognises that over time children start to put down roots and integrate into life in the UK, to the extent that being required to leave the UK may be unreasonable. The longer the child has resided in the UK, the more the balance will begin to swing in terms of it being unreasonable to expect the child to leave the UK, and strong reasons will be required in order to refuse a case with continuous UK residence of more than 7 years. The decision maker must consider whether, in the specific circumstances of the case, it would be reasonable to expect the child to live in another country. The decision maker must consider the facts relating to each child in the UK in the family individually, and also consider all the facts relating to the family as a whole. The decision maker should also engage with any specific issues explicitly raised by the family, by each child or on behalf of each child. Relevant considerations are likely to include: a.