Child Dependent Visa

What are the requirements for Indefinite Leave to Enter the UK as a Child?

An application for indefinite leave to enter the UK as the child of a settled parent or relative may be appropriate in the following circumstances:

Where the child is coming to the UK to live with both parents and either:

• Both parents are British citizens or have indefinite leave to remain, or are being admitted on the same occasion for settlement; or
• One parent is a British citizen or has indefinite leave to remain, and the other parent is applying to come to the UK.
• Where the child is coming to the UK to live with only one parent and either:
  • One parent is a British citizen or has indefinite leave to remain, and the other parent is dead: or
  • One parent is a British citizen or has indefinite leave to remain, and that parent has had sole responsibility for the child's upbringing: or
  • One parent is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.
• Where the child is coming to live with another relative who is not their parent and the relative is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.

Additionally, the child will have to show that they satisfy the following requirements:

• They are related to the parent or other relative as claimed; and
• They are under 18 at the date of application; and
• They are not married, in a civil partnership or leading an independent life; and
• There is adequate accommodation and maintenance for the child, without relying on public funds.

Requirements for Limited Leave to Enter or Remain in the UK as a Child

An application for limited leave to enter or remain in the UK as a child in this category may be appropriate where the child's parent is applying for entry clearance or leave to remain as the partner of a British citizen or settled person in the UK or where the child's parent has already been granted entry clearance or leave to remain as a partner of a British citizen or settled person in the UK.

To qualify for entry clearance or leave to remain as the child of a parent with limited leave as a partner, the child must be able to demonstrate that:

• They are the child of a parent who is in the UK as, or applying to come to the UK as, a partner.
• The applicant's parent's partner is also the applicant's parent, unless either:
  • The applicant's parent has sole responsibility for the child; or
  • 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.

Additionally, the child will have to show that they satisfy the following requirements:

• They are under 18 at the date of application, unless applying to extend leave granted in cases where the applicant has subsequently reached the age of 18 but not yet obtained settlement.
• They are not married, in a civil partnership or leading an independent life.
• There is adequate accommodation and maintenance for the child, without relying on public funds.

Under the Immigration Rules, the UK sponsor will also need to demonstrate that they satisfy a financial requirement. Different considerations will apply if the UK sponsor is in receipt of certain benefits.

Why choose Westridge Legal?

We understand that every individual requires different care and are here to support you. Our highly experienced immigration lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.