Limited Leave to Enter or Remain in the UK as a Child

Limited Leave to Enter or Remain in the UK with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement Paragraphs 301 to 303 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 Given Limited Leave to Enter/Remain in the UK

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Paragraphs 301, 302 and 303 of the Immigration Rules Part 8: Family Members, explains the details of Requirements, Grants, and Refusals for Limited Leave to Enter or Remain in the UK with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement.

Limited Leave to Enter or Remain in the UK as a Child of a Parent

Paragraph 301 of the Immigration Rules Part 8: Family Members explains the details of the requirements for Limited Leave to Enter or Remain in the UK with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement.

Requirements for Limited Leave to Enter or Remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement

301. The requirements to be met by a person seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement are that he:

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

(a) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or

(b) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and has had sole responsibility for the child’s upbringing; or

(c) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to 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 without recourse to public funds, in accommodation which the parent or parents own or occupy exclusively; and

(iva) can, and will, be maintained adequately by the parent or parents without recourse to public funds; and

(ivb) does not qualify for limited leave to enter as a child of a parent or parents given limited leave to enter or remain as a refugee or beneficiary of humanitarian protection under paragraph 319R; and

(v) (where an application is made for limited leave to remain with a view to settlement) has limited leave to enter or remain in the United Kingdom; and

(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.

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Grant of a Limited Leave to Enter/Remain as Child of a Parent

According to Paragraph 302 of the Immigration Rules Part 8: Family Members, a child of a parent or parents, given limited leave to enter or remain in the UK, will be granted a Limited  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 each of the requirements of paragraph 301 (i)-(v) of the Immigration Rules then a Limited Leave to Remain will be granted as a child of a parent or parents given limited leave to enter or remain in the UK.

Limited Leave to Enter or Remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement

302. A person seeking limited leave to enter the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement may be admitted for a period not exceeding 27 months provided he is able, on arrival, to produce to the Immigration Officer a valid United Kingdom entry clearance for entry in this capacity. A person seeking limited leave to remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement may be given limited leave to remain for a period not exceeding 27 months provided the Secretary of State is satisfied that each of the requirements of paragraph 301 (i)-(v) is met.

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

According to Paragraph 303 of the Immigration Rules Part 8: Family Members, if a child of a parent or parents, given a limited leave to enter or remain in the UK is not able to produce a valid entry clearance then Limited Leave to Enter the UK will be refused on arrival.

Moreover, if an applicant fails to satisfy the Secretary of State in each of the requirements of paragraph 301 (i)-(v) of the Immigration Rules then the application for a Limited Leave to Remain in the UK as child of a parent or parents given limited leave to enter or remain in the UK will be refused.

Refusal of Limited Leave to Enter or Remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement

303. Limited leave to enter the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement 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. Limited leave to remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 301 (i)-(v) is met.