Requirements as a Child of a Relative of a Refugee in the UK

Requirements for Leave to Enter or Remain as a Child of a Relative of a Refugee or Beneficiary of Humanitarian Protection and an Indefinite Leave to Remain (ILR) as – Paragraphs 319X to 319Y 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 Relative of Refugee or Beneficiary of Protection

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Paragraphs 319X, 319XA, and 319XB of the Immigration Rules Part 8: Family Members, explains the details of RequirementsGrant and Refusal, respectively, 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.

Paragraph 319Y of the Immigration Rules Part 8: Family Members, explains the details of Requirements for an Indefinite Leave to Remain (ILR) in the UK as the child of a relative who is present and settled in the UK or as a former refugee/beneficiary of humanitarian protection, who is now a British Citizen.

Requirements for Leave as the Child of a Relative of a Refugee

Requirements for leave to enter or remain in the United Kingdom as the child of a relative with limited leave to enter or remain in the United Kingdom as a refugee or beneficiary of humanitarian protection.

319X. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the child of a relative with limited leave to remain as a refugee or beneficiary of humanitarian protection in the United Kingdom are that:

(i) the applicant is seeking leave to enter or remain to join a relative with limited leave to enter or remain as a refugee or person with humanitarian protection; and:

(ii) the relative has limited leave in the United Kingdom as a refugee or beneficiary of humanitarian protection 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

(iii) the relative is not the parent of the child who is seeking leave to enter or remain in the United Kingdom; and

(iv) the applicant is under the age of 18; and

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

(vi) the applicant can, and will, be accommodated adequately by the relative the child is seeking to join without recourse to public funds in accommodation which the relative in the United Kingdom owns or occupies exclusively; and

(vii) the applicant can, and will, be maintained adequately by the relative in the United Kingdom without recourse to public funds; and

(viii) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, holds valid leave to remain in this or another capacity.

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Grant of Leave as the Child of a Relative of a Refugee

319XA. Limited leave to enter the United Kingdom as the child of a relative with limited leave to enter or remain as a refugee or beneficiary of humanitarian protection in the United Kingdom may be granted for 5 years provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Limited leave to remain in the United Kingdom as the child of a relative with limited leave to enter or remain as a refugee or beneficiary of humanitarian protection in the United Kingdom may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 319X (i)-(viii) is met.

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Refusal of Leave as the Child of a Relative of a Refugee

319XB. Limited leave to enter the United Kingdom as the child of a relative with limited leave to enter or remain as a refugee or beneficiary of humanitarian protection in the United Kingdom 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 as the child of a relative with limited leave to enter or remain as a refugee or beneficiary of humanitarian protection in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 319X (i)-(viii) is met.

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ILR in the UK as Child of a Relative, Who is Now British Citizen

Requirements for indefinite leave to remain in the United Kingdom as the child of a relative who is present and settled in the United Kingdom or as a former refugee or beneficiary of humanitarian protection who is now a British Citizen

319Y. To qualify for indefinite leave to remain as the child of a relative who is present and settled in the United Kingdom, an applicant must meet the requirements set out in paragraph 298.