Indefinite Leave to Enter or Remain as Child of a Settled Parent

Child of a Parent, Parents or a Relative Present and Settled or being Admitted for Settlement in the UK- Paragraphs 296 to 300 of the Immigration Rules Part 8: Family Members Home Office, UK Government. Published on 29 February 2016 Updated on 02 May 2017

Child of a Parent and Relative Present and Settled in the UK

UK Visa Blog Immigration, Settlement, Refusal, Appeal Solicitors

Paragraphs 296, 297, 298, 299 and 300 of the Immigration Rules Part 8: Family Members, explains the details of Refusal under the Rules- Child of a Polygamous MarriageRequirement for an Indefinite Leave to Enter as Child of a ParentRequirements for an ILR in the UK as Child of a Parent, Relative, Grant of an Indefinite Leave to Enter/Remain as Child of a Parent and Refusal of Indefinite Leave to Enter/Remain as Child of a Parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom.

Refusal under the Rules- Child of a Polygamous Marriage

Paragraph 296 of the Immigration Rules Part 8: Family Members explains that under the Immigration Rules applications of children of a polygamous marriage or civil partnership are refused in accordance with Paragraphs 278 or 278A of the Immigration Rules.

296. Nothing in these Rules shall be construed as permitting a child to be granted entry clearance, leave to enter or remain, or variation of leave where his parent is party to a polygamous marriage or civil partnership and any application by that parent for admission or leave to remain for settlement or with a view to settlement would be refused pursuant to paragraphs 278 or 278A.

Back to Top | Indefinite Leave to Enter/Remain as Child of a Settled Parent

Requirements for an Indefinite Leave to Enter as a Child

Paragraph 297 of the Immigration Rules Part 8: Family Members explains the details of the requirements for an Indefinite Leave to Enter as the child of a parent, parents or a relative present and settled or being admitted for settlement in the UK.

Leave to Enter or Remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom

Requirements for Indefinite Leave to Enter the United Kingdom as the Child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom

297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:

(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:

(a) both parents are present and settled in the United Kingdom; or

(b) both parents are being admitted on the same occasion for settlement; or

(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or

(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or

(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or

(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and

(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and

(vi) holds a valid United Kingdom entry clearance for entry in this capacity; and

(vii) does not fall for refusal under the general grounds for refusal.

Back to Top | Indefinite Leave to Enter/Remain in the UK as Child of a Parent

Requirements for an ILR in the UK as Child of a Parent, Relative

Paragraph 298 of the Immigration Rules Part 8: Family Members explains the details of the requirements for an Indefinite Leave to Remain (ILR) as the child of a parent, parents or a relative present and settled or being admitted for settlement in the UK.

Requirements for Indefinite Leave to Remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom

298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:

(i) is seeking to remain with a parent, parents or a relative in one of the following circumstances:

(a) both parents are present and settled in the United Kingdom; or

(b) one parent is present and settled in the United Kingdom and the other parent is dead; or

(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent; or

(d) one parent or a relative is present and settled in the United Kingdom and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and

(ii) has or has had limited leave to enter or remain in the United Kingdom, and

(a) is under the age of 18; or

(b) was given leave to enter or remain with a view to settlement under paragraph 302 or Appendix FM; or

(c) was admitted into the UK in accordance with paragraph 319R and has completed a period of 2 years limited leave as the child of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the child of a former refugee or beneficiary of humanitarian protection who is now a British Citizen, or

(d) the applicant has limited leave to enter or remain in the United Kingdom in accordance with paragraph 319X, as the child of a relative with limited leave to remain as a refugee or beneficiary of humanitarian protection in the United Kingdom and who is now present and settled here; or

(e) was last given limited leave to remain under paragraph 298A; and

(iii) is not leading an independent life, is unmarried, and has not formed an independent family unit; and

(iv) can, and will, be accommodated adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds in accommodation which the parent, parents or relative the child was admitted to join, own or occupy exclusively; and

(v) can, and will, be maintained adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds; and

(vi) does not fall for refusal under the general grounds for refusal, and

(vii) if aged 18 or over, was admitted to the United Kingdom under paragraph 302, or Appendix FM, or 319R or 319X and has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with Appendix KoLL.

298A. If an applicant does not meet the requirements of paragraph 298 only because:

(a) the applicant does not meet the requirement in paragraph 298(vi) by reason of a sentence or disposal of a type mentioned in paragraph 322(1C)(iii)or (iv); or

(b) an applicant aged 18 or over does not meet the requirement in paragraph 298(vii); or

(c) the applicant would otherwise be refused indefinite leave to remain under paragraph 322(1C)(iii) or (iv), the applicant may be granted limited leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds.

Back to Top | Indefinite Leave to Enter/Remain in the UK as Child of a Parent

Grant of an Indefinite Leave to Enter/Remain as Child of a Parent

According to Paragraph 300 of the Immigration Rules Part 8: Family Members, a child of a parent, parents or a relative present and settled or being admitted for settlement in the UK will be granted an Indefinite Leave to Enter if the child is able to produce a valid Entry Clearance for the purpose on arrival.

Moreover, if an applicant satisfies the Secretary of State regarding fulfilment of the requirements stipulated in Paragraph 298 of the Immigration Rules then an Indefinite Leave to Remain (ILR) will be granted as a child of a parent, parents or a relative present and settled or being admitted for settlement in the UK.

Indefinite Leave to Enter or Remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom

299. Indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom may be granted provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 298 is met.

Back to Top | Indefinite Leave to Enter/Remain in the UK as Child of a Parent

Refusal of Indefinite Leave to Enter/Remain as Child of a Parent

According to Paragraph 300 of the Immigration Rules Part 8: Family Members, if a child of a parent, parents or a relative present and settled or being admitted for settlement in the UK is not able to produce a valid entry clearance then Indefinite Leave to Enter the UK will be refused on arrival.

Moreover, if an applicant fails to satisfy the Secretary of State regarding fulfilment of the requirements stipulated in Paragraph 298 of the Immigration Rules then the application for an Indefinite Leave to Remain (ILR) in the UK as child of a parent, parents or a relative present and settled or being admitted for settlement in the UK will be refused.

Refusal of Indefinite Leave to Enter or Remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom

300. Indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 298 is met.

Back to Top | Indefinite Leave to Enter/Remain in the UK as Child of a Parent

AMP | Indefinite Leave to Enter/Remain in the UK as Child of a Parent