Bringing Your Child to the UK- Limited Leave to Enter or Remain

This post relates to Child Settlement Visa UK and explains the requirements for bringing your child to the UK in the light of Immigration Rules. Accordingly, the post highlights the details of 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.

Bringing Your Child to the UK- Family Reunion Rules UK

Bringing Your Child to the UK- Limited Leave to Enter or Remain

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

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.

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

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.

Refusal of Limited Leave to Enter/Remain as a Child

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.

Posts on Family Reunion and Settlement:

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  2. ILR in the UK as a Parent, Grandparent, or Relative of a Refugee
  3. Leave to Enter in the UK as Parent or Relative of a Refugee
  4. Family Reunion Rules- ILR as Family of Refugee Settled in the UK
  5. Requirements for Leave to Enter the UK as a Child of a Refugee
  6. Leave to Enter/Remain, ILR in the UK as Child of a PBS Migrant
  7. Applying for Indefinite Leave to Remain as a Parent
  8. Bringing Adopted Child to UK | Visa for Adopted Child to UK
  9. Child Born in the UK to Non British Parents
  10. Bringing Child of a Fiance(e) to the UK- Family Reunion Rules UK
  11. UK Settlement Visa for Child- Indefinite Leave to Enter or Remain
  12. Indefinite Leave to Remain as the Unmarried or Same-Sex Partner
  13. Leave to Remain in the UK as Unmarried or Same-Sex Partner
  14. Leave to Enter the UK as Unmarried or Same-Sex Partner
  15. Form FLR(IR) – Applications for Extension of Stay in the UK
  16. Human Rights Application UK Visa- Leave to Remain and Enter

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  2. Requirements to Naturalise as a British Citizen u/s 6 of 1981 Act
  3. British Citizenship Application under Section 6 of 1981 Act
  4. British Citizenship Grants by Previous Country of Nationality
  5. British Citizenship, Naturalisation, Registration Types & Grants
  6. Full Capacity Requirement for British Citizenship
  7. British Citizenship Refusal Rate
  8. British Citizenship Reasons for Rejection

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Spouse, Fiancé Visa UK and Marriage Visitor Visa:

  1. Spouse Visa Refusal Reasons UK
  2. Spouse Visa English Requirement
  3. Spouse Visa Accommodation Requirements
  4. Fiancé Visa UK | Requirements of Fiancé Visa in UK
  5. Marriage Visitor Visa UK
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  7. Requirements for ILR as a Spouse | Set M Guidance
  8. UK Spouse Visa Extension Requirements 2018 | FLR (M) Guidance
  9. Spouse Visa UK 2018: Entry Clearance Requirements for Spouse
  10. Spouse Settlement Visa UK Grants During 2006-16
  11. Requirements for Leave to Enter the UK as Spouse of a Refugee
  12. Leave to Enter/Remain, ILR in the UK as Spouse of a PBS Migrant
  13. Spouse Visa UK Success Rate | UK Settlement Statistics 2006-16

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Challenge Refusal Decisions: Immigration Appeals and Judicial Review

  1. Immigration Appeal UK | Tribunal Decisions | Success Rate 2010-18.
  2. Appeal a UK Visa Decision | UK Immigration Appeal Procedure.
  3. Appeal Against Entry Clearance Refusal.
  4. File Immigration Appeal Against an In-Country Decision.
  5. Appeal Against an In-Country Decision from Outside the UK.
  6. UK Visa Appeal Solicitors | Immigration Appeal Success Rate.
  7. Appeal against First Tier Tribunal Decision.
  8. Judicial Review Procedure Immigration Cases.
  9. TOEIC Test Court Decision | In Country Right of Appeal.
  10. Right of Appeal Human Rights Claim Refusal.
  11. Rights of Appeal Immigration Act 2014.
  12. UK Visa Refusal Appeal or Reapply | Reapplying after Rejection.
  13. UK Immigration Appeal Process: Appealing Against UK Visa Refusal.
  14. UK Immigration Grounds of Appeal- Section 84 Immigration Act 2002.
  15. Notice of Appeal UK Visa and Immigration Refusal Decision.
  16. Appeal Against Immigration Decision: Immigration Appeal Solicitor.
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  19. UK Visa Judicial Review | How to Remove 10 Year Ban?.
  20. Appeal for UK Family Visit Visa Refusal Abolished on June 25, 2013
  21. Lodging an Immigration Appeal Online | UK Visa Appeal Solicitors.

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