Bringing Child of a Fiance(e) to the UK- Family Reunion Rules UK

This post relates to Family Reunion Rules UK and explains the requirements for Bringing Child of a Fiance(e) to the UK in the light of the Immigration Rules elucidating Leave to Enter and Extension of Stay in the UK as the child of a parent, who either being or has been admitted to the UK as a fiance(e) or proposed civil partner- Paragraphs 303A to 303F of the Immigration Rules Part 8: Family Members Home Office, UK Government. Published on 29 February 2016 Updated on 02 May 2017.

Bringing Child of a Fiance(e) or Proposed Partner to the UK

Bringing Child of a Fiance(e) to the UK- Family Reunion Rules

Paragraphs 303A, 303B, 303C, 303D, 303E and 303F of the Immigration Rules Part 8: Family Members, explains the details of Requirements for Limited Leave to Enter as Child of a Fiance(e) or a Proposed Civil Partner, Grant of Limited Leave to Enter the UK as Child of a Fiance(e) or a Proposed Civil Partner, Refusal of Limited Leave to Enter as Child of a Fiance(e) or a Proposed Civil Partner, Requirements for an Extension of Stay in the UK as Child of a Fiance(e) or a Proposed Civil Partner, Grant of an Extension of Stay in the UK as Child of a Fiance(e) or a Proposed Civil Partner and Refusal of an Extension of Stay as the Child of a Fiance(e) or Proposed Civil Partner, respectively.

Requirements for Limited Leave to Enter as Child of a Fiance(e)

Paragraph 303A of the Immigration Rules Part 8: Family Members explains the details of the requirements for Limited Leave to Enter the UK as the child of a fiance(e) or proposed civil partner.

Requirements for Limited Leave to Enter the United Kingdom as the child of a fiance(e) or proposed civil partner

303A. The requirements to be met by a person seeking limited leave to enter the United Kingdom as the child of a fiance(e) or proposed civil partner, are that:

(i) he is seeking to accompany or join a parent who is, on the same occasion that the child seeks admission, being admitted as a fiance(e) or proposed civil partner , or who has been admitted as a fiance(e) or proposed civil partner; and

(ii) he is under the age of 18; and

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

(iv) he can and will be maintained and accommodated adequately without recourse to public funds with the parent admitted or being admitted as a fiance(e) or proposed civil partner; and

(v) there are serious and compelling family or other considerations which make the child’s exclusion undesirable, that suitable arrangements have been made for his care in the United Kingdom, and there is no other person outside the United Kingdom who could reasonably be expected to care for him; and

(vi) he holds a valid United Kingdom entry clearance for entry in this capacity.

Grant of Limited Leave to Enter the UK as Child of a Fiance(e)

According to Paragraph 303B of the Immigration Rules Part 8: Family Members, a child of a parent who is being, or has been admitted to the UK as a fiance(e) or proposed civil partner will be granted Limited Leave to Enter if the child is able to produce a valid Entry Clearance for the purpose on arrival.

Moreover, a Limited Leave to Enter the UK will be granted to the child of a fiance(e) for not more than six (6) months if the period of limited leave granted to a fiance(e) expires in more than 6 months.

Limited Leave to Enter the United Kingdom as the child of a parent who is being, or has been admitted to the United Kingdom as a fiance(e) or proposed civil partner

303B. A person seeking limited leave to enter the United Kingdom as the child of a fiance(e) or proposed civil partner, may be granted limited leave to enter the United Kingdom for a period not in excess of that granted to the fiance(e) or proposed civil partner, provided that a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Where the period of limited leave granted to a fiance(e) will expire in more than 6 months, a person seeking limited leave to enter as the child of the fiance(e) or proposed civil partner should be granted leave for a period not exceeding six months.

Refusal of Limited Leave to Enter as Child of a Fiance(e)

According to Paragraph 303C of the Immigration Rules Part 8: Family Members, if a child of a parent who is being, or has been admitted to the UK as a fiance(e) or proposed civil partner is not able to produce a valid entry clearance then Limited Leave to Enter the UK will be refused on arrival.

Refusal of Limited Leave to Enter the United Kingdom as the child of a parent who is being, or has been admitted to the United Kingdom as a fiance(e) or proposed civil partner

303C. Limited leave to enter the United Kingdom as the child of a fiance(e) or proposed civil partner, 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.

Requirements for an Extension of Stay as Child of a Fiance(e)

Paragraph 303D of the Immigration Rules Part 8: Family Members explains the details of the requirements for an Extension of Stay in the UK as the child of a fiance(e) or proposed civil partner.

Requirements for an Extension of Stay in the United Kingdom as the child of a fiance(e) or proposed civil partner

303D. The requirements to be met by a person seeking an extension of stay in the United Kingdom as the child of a fiance(e) or proposed civil partner are that:

(i) the applicant was admitted with a valid United Kingdom entry clearance as the child of a fiance(e) or proposed civil partner; and

(ii) the applicant is the child of a parent who has been granted limited leave to enter, or an extension of stay, as a fiance(e) or proposed civil partner; and

(iii) the requirements of paragraph 303A (ii) – (v) are met.

Grant of an Extension of Stay in the UK as Child of a Fiance(e)

According to Paragraph 303E of the Immigration Rules Part 8: Family Members, if an applicant satisfies the requirements stipulated in Paragraph 303D of the Immigration Rules then an Extension of Stay is granted in the UK as the child of a fiance(e) or proposed civil partner.

Extension of stay in the United Kingdom as the child of a fiance(e) or proposed civil partner

303E. An extension of stay as the child of a fiance(e) or proposed civil partner may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 303D is met.

Refusal of an Extension of Stay as the Child of a Fiance(e)

According to Paragraph 303F of the Immigration Rules Part 8: Family Members, if an applicant fails to satisfy the Secretary of State regarding fulfilment of the requirements stipulated in Paragraph 303D of the Immigration Rules then the application for an Extension of Stay as the child of a fiance(e) or proposed civil partner will be refused.

Refusal of an Extension of stay in the United Kingdom as the child of a fiance(e) or proposed civil partner

303F. An extension of stay as the child of a fiance(e) or proposed civil partner is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 303D is met.

via Immigration Rules part 8: family members – Immigration Rules – Guidance – GOV.UK

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