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It is also perhaps an example of the replacement of humane discretionary policies with ultimately weaker and sometimes illusory human rights protections.
Some adults can qualify for settlement even before five years of residence.
Since the extension of the “probationary period” for spouses in 2012 this is now restricted to Tier 1 Investors able to make a substantial investment of £5 million or £10 million.
It is also relevant to consider that children born in the UK will qualify for registration as full British citizens after ten years of residence, whether their residence is lawful or not: s.1(4) of the British Nationality Act 1981.
A young child in particular does not exercise choice about country of residence in the way that an adult does: an adult might make an informed choice to move to another country in the knowledge that he or she may have a precarious status and should not put down roots. If we consider the context of some of the other significant periods of residence that apply to adults and children we can see that residence after seven years would be a sensible precursor to settlement or citizenship.
It falls high to midway between the periods of lawful residence necessary for adults to obtain settlement with their family members.
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.
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We derive implications for managerial practice and academic research on collaborative innovation.
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.
The key test for remaining on a permanent basis is around the length of continuous residence of a child in the UK – which we have set at 7 years, subject to countervailing factors.