UK Settlement Requirements for Child of a Tier 1, 2, 4, 5 Migrant

Details of Paragraphs 319F to 319J of the Immigration Rules Part 8: Family Members Home Office, UK Government. Published on 29 February 2016 Updated on 02 May 2017

Settlement of Child of Relevant PBS Migrants in the UK

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The Paragraphs 319F, 319G, 319H, 319H-SD, 319I and 319J explains the Purpose of the RouteEntry to the UKRequirements for Entry Clearance or Leave to RemainSpecified Documents for Child above 16Period and Conditions of Grant, and Requirements for ILR in the UK as Children of Relevant PBS Tier 1 Migrants, a Tier 2 Migrants, a Tier 4 (General) Students or a Tier 5 (Temporary Worker) Migrants.

Children of Relevant PBS Migrants- Purpose of the Route

Children of relevant points-based system migrants

319F. Purpose

This route is for the children of a Relevant Points Based System Migrant who are under the age of 18 when they apply to enter under this route. Paragraph 296 of these Rules applies to children of a Relevant Points Based System Migrants.

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Children of Relevant PBS Migrants- Entry to the UK

319G. Entry to the UK

(a) Subject to paragraph (b), all migrants wishing to enter as the Child of a relevant Points Based System Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

(b) A Migrant arriving in the UK and wishing to enter as a child of a Tier 5 (Temporary Worker) Migrant, who does not have a valid entry clearance will not be refused entry if the following conditions are met:

(i) the migrant wishing to enter as a child is not a visa national,

(ii) the migrant wishing to enter as a child is accompanying an applicant who at the same time is being granted leave to enter under paragraph 245ZN(b), and

(iii) the migrant wishing to enter as a Child meets the requirements of entry clearance in paragraph 319H.

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Entry/Leave Requirements as Child of PBS Tier 1, 2, 4, 5 Migrants

319H. Requirements for Entry Clearance or Leave to Remain

To qualify for entry clearance or leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.

(b) The applicant must be the child of a parent who has, or is at the same time being granted, valid entry clearance, leave to enter or remain, or indefinite leave to remain, as:

(i) a Relevant Points Based System Migrant, or

(ii) the partner of a Relevant Points Based System Migrant. or who has obtained British citizenship having previously held indefinite leave to remain as above.

(c) The applicant must be under the age of 18 on the date the application is made, or if over 18 and applying for leave to remain, must have, or have last been granted, leave as the child of a Relevant Points Based System Migrant or as the child of the parent who had leave under another category of these Rules and who has since been granted, or, is at the same time being granted, leave to remain as a Relevant Points Based System Migrant.

(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life and, if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.

(e) The applicant must not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant parent.

(f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant or one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant, unless:

(i) The Relevant Points Based System Migrant is the applicant’s sole surviving parent, or

(ii) The Relevant Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or

(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.

(g) Unless the Relevant Points Based System Migrant is a Tier 1 (Investor) Migrant or a Tier 1 (Exceptional Talent) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.

(h) An applicant who is applying for leave to remain must not have last been granted:

(i) entry clearance or leave as a:

(a) visitor, including where they entered the United Kingdom from the Republic of Ireland to stay under the terms of articles 3A and 4 of the Immigration (Control of Entry through the Republic of Ireland) Order 1972 (as amended by the Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014) on the basis of a visa issued by the Republic of Ireland authorities endorsed with the letters “BIVS” for the purpose of travelling and staying in the Republic for a period of 90 days or fewer; or(b) short-term student (child)

unless the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii);

(ii) temporary admission; or

(iii) temporary release.

(i) Where the relevant Points Based System Migrant is applying for, or has been granted, entry clearance, leave to enter, or leave to remain in the United Kingdom as a Tier 4 (General) Student either:

(i) the relevant Points Based System Migrant must be a government sponsored student who is applying for, or who has been granted, entry clearance or leave to remain to undertake a course of study longer than six months;

(ii) the relevant Points Based System Migrant must:

(1) be applying for, or have been granted entry clearance or leave to remain in order to undertake a course of study at post-graduate level that is 12 months or longer in duration; and

(2) be sponsored by a sponsor who is a UK recognised body or a body in receipt of funding as a higher education institution from either:

(a) the Department for Employment and Learning in Northern Ireland;

b) the Higher Education Funding Council for England;

(c) the Higher Education Funding Council for Wales; or

(d) the Scottish Funding Council;

(iii) the relevant Points Based System Migrant must be applying for, or have been granted leave to remain as a Tier 4 (General) Student on the doctorate extension scheme; or

(iv) the following conditions must be met:

(1) the relevant Points Based System Migrant must be applying for entry clearance, leave to enter, or leave to remain, to undertake a course of study that is longer than six months and either:

(a) have entry clearance, leave to enter, or leave to remain as a Tier 4 (General) Student or as a student to undertake a course of study longer than six months; or

(b) have last had entry clearance, leave to enter, or leave to remain within the three months preceding the application as a Tier 4 (General) Student or as a student to undertake a course of study longer than six months; and

(2) the Child must either:

(a) have entry clearance, leave to enter, or leave to remain as the Child of a Tier 4 (General) Student or a student with entry clearance, leave to enter, or leave to remain, to undertake a course of study longer than six months; or

(b) have last had entry clearance, leave to enter, or leave to remain within the three months preceding the application as the Child of a Tier 4 (General) Student or as a student to undertake a course of study longer than six months; and

(3) the relevant Points Based System Migrant and the Child must be applying at the same time.

(j) A Child whose parent is a Relevant Points Based System Migrant, who is a Tier 4 General) Student or Student, and who does not otherwise meet the requirements of paragraph 319H(i):

(1) must have been born during the Relevant Points Based System Migrant’s most recent grant of entry clearance, leave to enter or leave to remain as a Tier 4 (General) Student or Student with leave for a course of more than six months duration; or

(2) where the Relevant Points Based System Migrant’s most recent grant of entry clearance, leave to enter or leave to remain was to re-sit examinations or repeat a module of a course, must either have been born during a period of leave granted for the purposes of re-sitting examinations or repeating a module of a course or during the Relevant Points Based System Migrant’s grant of leave for a course of more than six months, where that course is the same as the one for which the most recent grant of leave was to re-sit examinations or repeat a module; or

(3) must have been born no more than three months after the expiry of that most recent grant of leave; and

(4) must be applying for entry clearance

(k) If the applicant is a child born in the UK to a Relevant Points Based System migrant and their partner, the applicant must provide a full UK birth certificate showing the names of both parents.

(l) All arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations.

(m) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

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Specified Documents Child above 16 of PBS Migrant

319H-SD Specified Documents and Information

Applicants who are over the age of 16 on the date the application is made must provide the following specified documents and information:

(a) The applicant must provide two items from the list below confirming his residential address:

(i) bank statements,

(ii) credit card bills,

(iii) driving licence,

(iv) NHS Registration document,

(v) letter from his current school, college or university, on official headed paper and bearing the official stamp of that organisation, and issued by an authorised official of that organisation.

(b) The documents submitted must be from two separate sources and dated no more than one calendar month before the date of the application.

(c) If the applicant pays rent or board, he must provide details of how much this amounts to each calendar month.

(d) If the applicant is residing separately from the Relevant Points Based System Migrant, he must provide:

(i) reasons for residing away from the family home. Where this is due to academic endeavours he must provide confirmation from his university or college confirming his enrolment and attendance on the specific course, on official headed paper and bearing the official stamp of that organisation, and issued by an authorised official of that organisation,

(ii) the following evidence that he has been supported financially by his parents whilst residing away from the family home:

(1) bank statements for the applicant covering the three months before the date of the application clearly showing the origin of the deposits; and

(2) bank statements for the applicant’s parent covering the three months before the date of the application also showing corroborating payments out of their account.

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Period and Conditions of Grant as a Child of Relevant PBS Migrant

319I. Period and Conditions of Grant

(a) Entry clearance and leave to remain will be granted for:

(i) a period which expires on the same day as the leave granted to the parent whose leave expires first, or

(ii) Where both parents have, or are at the same time being granted, indefinite leave to remain, or have since become British citizens, leave to remain will be granted to the applicant for a period of 3 years.

(b) Entry clearance and leave to remain under this route will be subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required under paragraph 326 of these Rules, and

(iii) if the Relevant Points Based System Migrant is a Tier 4 (General) Student and the Child meets the requirements of paragraphs 319H(i)(iv)(1), (2) and (3) or 319H(j) and:

(1) the Relevant Points Based System Migrant is a Tier 4 (General) Student applying for leave for less than 12 months, no employment, or

(2) the Relevant Points Based System Migrant is a Tier 4 (General) Student who is following a course of below degree level study, no employment, and

(iv) no employment as a professional sportsperson (including as a sports coach).

Requirements for ILR in the UK- Children of Relevant PBS Migrants

319J. Requirements for Indefinite Leave to Remain

To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:

(i) a Relevant Points Based System Migrant, or

(ii) the partner of a Relevant Points Based System Migrant.

(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Points Based System Migrant, or the partner of a Points Based System migrant who is being granted indefinite leave to remain.

(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.

(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:

(i) The Points Based System Migrant is the applicant’s sole surviving parent, or

(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or

(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or

(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

(f) The applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL, unless he is under the age of 18 at the date on which the application is made.

(g) If the applicant is a child born in the UK to a Relevant Points Based System migrant and their partner, the applicant must provide a full UK birth certificate showing the names of both parents.

(h) All arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations.

(i) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

Please note in the printed version of CM5829 these points appear in error numbered as an alternative version of 316D (iii) and (iv).

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