UK Visa for Child of British Citizen | Child is Not British

Requirements for Leave to Enter or Remain, Indefinite Leave to Enter or Remain for a Child Born in the UK, Who is Not British- Paragraphs 304 to 309 of the Immigration Rules Part 8: Family Members  Home Office, UK Government. Published on 29 February 2016 Updated on 02 May 2017.

Leave to Enter or Remain Child Born in the UK Who is Not British

uk visa for child of british citizen

Paragraphs 304, 305, 306, 307, 308 and 309 of the Immigration Rules Part 8: Family Members, explains the details of Paragraph 304-309 Only Applies to Dependent Children Under 18 who were Born in the UK but are not British, Requirements for Leave to Enter or Remain to a Child Born in the UK but not British, Grant of Leave to Enter or Remain to a Child Born in the UK but not British,  Parents Don’t have a Current Leave to Enter or Remain in UK of a Child Born in the UK but not British, Grant of an ILR to a Child Born in the UK, who is not British and Refusal of Leave to Enter or Remain in the UK to a Child Born in UK, who is not British, respectively.

Paragraph 304-309 Only Applies to Dependent Children Under 18

According to Paragraph 304, the Paragraphs 305-309 only apply to dependent children under 18, who are neither married nor are civil partners and were born in the UK on or after 1 January 1983.

Children born in the United Kingdom who are not British citizens

304. This paragraph and paragraphs 305-309 apply only to dependent children under 18 years of age who are unmarried and are not civil partners and who were born in the United Kingdom on or after 1 January 1983 (when the British Nationality Act 1981 came into force) but who, because neither of their parents was a British Citizen or settled in the United Kingdom at the time of their birth, are not British Citizens and are therefore subject to immigration control. Such a child requires leave to enter where admission to the United Kingdom is sought, and leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom. If he qualifies for entry clearance, leave to enter or leave to remain under any other part of these Rules, a child who was born in the United Kingdom but is not a British Citizen may be granted entry clearance, leave to enter or leave to remain in accordance with the provisions of that other part.

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Requirements for Leave- Child Born in the UK But Not British

Paragraph 305 of the Immigration Rules Part 8: Family Members explains the details of the requirements for Leave to Enter or Remain in the UK as a Child- Born in the UK, who is not a British Citizen– of a parent or parents have been given leave to enter or remain in the UK.

Requirements for Leave to Enter or Remain in the United Kingdom as the child of a parent or parents have been given leave to enter or remain in the United Kingdom

305. The requirements to be met by a child born in the United Kingdom who is not a British Citizen who seeks leave to enter or remain in the United Kingdom as the child of a parent or parents given leave to enter or remain in the United Kingdom are that he:

(i)

(a) is accompanying or seeking to join or remain with a parent or parents who have, or are given, leave to enter or remain in the United Kingdom; or

(b) is accompanying or seeking to join or remain with a parent or parents one of whom is a British Citizen or has the right of abode in the United Kingdom; or

(c) is a child in respect of whom the parental rights and duties are vested solely in a local authority; and

(ii) is under the age of 18; and

(iii) was born in the United Kingdom; and

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

(v) (where an application is made for leave to enter) has not been away from the United Kingdom for more than 2 years.

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Grant of Leave to Enter/Remain- Child Born in UK But Not British

According to Paragraph 306 of the Immigration Rules Part 8: Family Members, if an application under Paragraph 304, where Paragraph 305 (i)(a) of Rules applies, satisfies the requirements stipulated in Paragraph 305(ii)-(v) and Paragraph 305(ii)-(iv) of the Immigration Rules then Leave to Enter or Remain in the UK, respectively, is granted to a Child Born in the UK, who is not a British Citizen.

Leave to Enter or Remain in the United Kingdom

306. A child born in the United Kingdom who is not a British Citizen and who requires leave to enter or remain in the circumstances set out in paragraph 304 may be given leave to enter for the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met. Where leave to remain is sought, the child may be granted leave to remain for the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the Secretary of State is satisfied that each of the requirements of paragraph 305 (ii)-(iv) is met. Where the parent or parents have or are given periods of leave of different duration, the child may be given leave to whichever period is longer except that if the parents are living apart the child should be given leave for the same period as the parent who has day to day responsibility for him.

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Neither of the Parents Has a Current Leave to Enter/Remain in UK

According to Paragraph 307 of the Immigration Rules Part 8: Family Members, if neither of the parents of the child- born in the UK, who is not a British Citizens- has a current leave to the UK then the application for leave to enter or remain in the UK of the child is usually refused even if all the requirements of Paragraph 305(ii)-(v) are met.  However, if both the parents of the child are in the UK and it is unlikely that the parents will be removed in an immediate future and there is no one outside the UK, who can take care of the child, then a leave to enter or remain up-to three (3) months might be granted to such a child.

307. If a child does not qualify for leave to enter or remain because neither of his parents has a current leave, (and neither of them is a British Citizen or has the right of abode), he will normally be refused leave to enter or remain, even if each of the requirements of paragraph 305 (ii)-(v) has been satisfied. However, he may be granted leave to enter or remain for a period not exceeding 3 months if both of his parents are in the United Kingdom and it appears unlikely that they will be removed in the immediate future, and there is no other person outside the United Kingdom who could reasonably be expected to care for him.

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Grant of an ILR to a Child Born in the UK but Not British

According to Paragraph 308 of the Immigration Rules Part 8: Family Members, if an application under Paragraph 304, where paragraph 305 (i)(b) or (i)(c) of Rules applies, which satisfies the requirements stipulated in Paragraph 305(ii)-(v) and Paragraph 305(ii)-(iv) of the Immigration Rules then an Indefinite Leave to Enter or Remain in the UK, respectively, is granted to a Child Born in the UK, who is not a British Citizen.

308. A child born in the United Kingdom who is not a British Citizen and who requires leave to enter or remain in the United Kingdom in the circumstances set out in paragraph 304 may be given indefinite leave to enter where paragraph 305 (i)(b) or (i)(c) applies provided the Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met. Where an application is for leave to remain, such a child may be granted indefinite leave to remain where paragraph 305 (i)(b) or (i)(c) applies, provided the Secretary of State is satisfied that each of the requirements of paragraph 305 (ii)-(iv) is met.

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Refusal of Leave to Enter/Remain Child Born in UK But Not British

According to Paragraph 309 of the Immigration Rules Part 8: Family Members, if an applicant under Paragraph 304 fails to satisfy the Secretary of State regarding fulfilment of the requirements stipulated in Paragraph 305 of the Immigration Rules then the application for a Leave to Enter or Remain in UK as the Child in the UK, who is not a British Citizen, will be refused.

Refusal of Leave to Enter or Remain in the United Kingdom

309. Leave to enter the United Kingdom where the circumstances set out in paragraph 304 apply is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 305 is met. Leave to remain for such a child is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 305 (i)-(iv) is met.

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Related Indefinite Leave to Enter or ILR in the UK as a Child of a Parent or a Relative Present/Settled in the UK, via Immigration Rules part 8: family members – Immigration Rules – Guidance – GOV.UK

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