Requirements for Leave to Enter the UK as a Child of a Refugee

Leave to Enter Requirements as Child of Refugee or Beneficiary of Humanitarian Protection of a parent or parents with Limited Leave to Enter or Remain in the UK- Paragraphs 319R to 319T 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 Refugee or Beneficiary of Humanitarian Protection

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Paragraphs 319R, 316S and 316T of the Immigration Rules Part 8: Family Members, explains the details of RequirementsGrant and  Refusalrespectively, for leave to enter the UK as the child of a parent(s) given limited leave to enter/remain in the UK either as a refugee or as beneficiary of humanitarian protection.

Requirement for Leave to Enter the UK as a Child of a Refugee

Requirements for leave to enter the United Kingdom as the child of a parent or parents given limited leave to enter or remain in the United Kingdom as a refugee or beneficiary of humanitarian protection

319R. The requirements to be met by a person seeking leave to enter the United Kingdom as the child of a parent or parents given limited leave to enter or remain in the United Kingdom as a refugee or beneficiary of humanitarian protection, are that the applicant:

(i) is the child of a parent or parents granted limited leave to enter or remain as a refugee or beneficiary of humanitarian protection granted as such under the immigration rules; and

(ii) is under the age of 18, and

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

(iv) was conceived after the person granted asylum or humanitarian protection left the country of his habitual residence in order to seek asylum in the UK; and

(v) can, and will, be accommodated adequately by the parent or parents the child is seeking to join without recourse to public funds in accommodation which the parent or parents the child is seeking to join, own or occupy exclusively; and

(vi) can, and will, be maintained adequately by the parent or parents the child is seeking to join, without recourse to public funds; and

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

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Grant of 63 Months Leave to Enter the UK as a Child of a Refugee

319S. Limited leave to enter the United Kingdom as the child of a refugee or beneficiary of humanitarian protection may be granted for 63 months provided the Immigration Officer is satisfied that each of the requirements in paragraph 319R (i)-(vii) are met.

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Refusal of Limited Leave to Enter the UK as a Child of a Refugee

319T. Limited leave to enter the United Kingdom as the child of a refugee or beneficiary humanitarian protection is to be refused if the Immigration Officer is not satisfied that each of the requirements in paragraph 319R (i) – (vii) are met.

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