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Under UK Immigration Rules, the children of a British Citizen or settled person or the children of the spouse of a British Citizen or settled person can make application to come to the UK to join the parent(s) or seek to stay in the UK with the parent if they are already in the UK. There are various applications which the children can make under the rules depending on the personal circumstances of the children or their parent(s).

Entry Clearance Application for Indefinite Leave To Enter As Child Under 18

Subject  to  the  requirements  of  Paragraph  297  of    the  Immigration  Rules,  indefinite leave  to  enter  the  United  Kingdom  may  be  granted  to  a  child  under  18  years  of  age  where:

  • both  parents  are  present  and  settled  here, or  are  being  admitted  on  the  same  occasion for settlement; or
  • one  parent  is  present  and  settled  here and  the  other  is  being  admitted  on  the same occasion for settlement at the time  the child is seeking admission; or
  • one parent is present and settled here or is being admitted on the same occasion for settlement, and the other parent is dead; or
  • one parent is present and settled here or is being admitted on the same occasion for settlement, and has had sole responsibility for the child's upbringing; or
  • one  parent  (or  a  relative)  is  present  and  settled  here  or  being  admitted  for settlement, and there are serious   and   compelling   family  or  other considerations  which  make  the  child's  exclusion  undesirable, and suitable arrangements have been made for the child's care.

The Entry Clearance Officer (ECO) must be satisfied from the information and evidence provided that:

  • the child is related as claimed;
  • the child is under 18 years of age;
  • the   applicant   is   not   married,   is   not   a   civil   partner   or   leading   an   independent life;
  • there  is  adequate  and  appropriate  maintenance  and  accommodation  for  the child, provided by the sponsor, without recourse to public funds.

The refusal rate is very high in cases where the UK sponsor has to establish the sole responsibility for the child as it is not easy to meet the sole responsibility requirement.

ILR As Child Under The Age of 18

If you are already in the UK as a child under the age of 18 and your parent or parents are either present and settled in the UK or being admitted for settlement at the same time, you can apply for ILR as a child under the age of 18.

Subject to the requirements of Paragraph 298 of the Immigration Rules, indefinite leave to remain in the United Kingdom may be granted to a child under 18 years of age where:

  • both parents are present and settled here; or
  • one parent is present and settled here and the other parent is dead; or
  • one parent is present and settled here and has had sole responsibility for the child's upbringing; or
  • one parent or a relative is present and settled here and there are "serious and compelling family or other considerations" which make the child's exclusion undesirable, and suitable arrangements have been made for the child's care.

For the Indefinite Leave to Remain (ILR) to be granted to the child under paragraph 298 of the Immigration Rules, the Home Office must be satisfied that:

  • the child is related as claimed;
  • the child is under 18 years of age;
  • the child has leave to enter or remain which was granted to him with a view to settlement in this category;
  • the child is not married, is not a civil partner or leading an independent life;
  • there is adequate and appropriate maintenance and accommodation for the child provided by the sponsor; does not have one or more unspent convictions.

An application for Indefinite Leave to Remain (ILR) as a child under the age of 18 of a parent or parents present and settled in the UK is made using application form SET (F) and the application can be made through same day visa service.

Need a legal advice?

UK immigration law is extremely complex and constantly changes. The UKVI has strict criteria relating to different types of visa. Therefore, it is essential you get the right legal advice from an expert UK immigration lawyer to make sure your application is successful, first time. We will guide you through every step of the process, putting you in the best place possible to get a good result.

Why choose Blackstone Law Associates?

Competitive Fixed Pricing

We offer a fixed price service, this means the price you are quoted does not change; We work on fixed fees basis unlike other firms who charge you for each and every call and letter.

Dedicated Lawyer with Direct Access

You will have direct access to our qualified lawyers, with in-depth knowledge of UK Immigration law. Upon instructing us you will be allocated an experienced lawyer who will contact you within 24 hours to discuss your case.

Expert Advice

Immigration laws in the UK change frequently. Our team of lawyers are trained and are kept up to date on all the latest developments. We have a combined wealth of knowledge and experience. Our expert immigration lawyers can provide advice and the best possible option available for you.

Highest Success Rate

We are proud to claim that through our wealth of knowledge and experience we are able achieve the results that are needed. Our expert Lawyers put their full efforts in your case as we strongly believe in getting for you what you want.

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