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Children

Children coming to the United Kingdom to settle with parents/relatives

It may be possible to arrange for children under the age of 18 (please see separate section on Dependent Relatives for children over the age of 18) to join a parent, parents, or other relatives in the United Kingdom for the purposes of settlement.

The Immigration Rules require that:

    1. either both parents are present and settled in the United Kingdom; or
    2. are being admitted to the United Kingdom with a view to settlement; or
    3. where a child is joining one parent in the United Kingdom and the other parent is living separately outside the United Kingdom, the parent the child is joining needs to show that they have sole responsibility for that child; or
    4. where the requirements of a, b, or c above are not met, that there are serious and compelling reasons for the child to be admitted to the United Kingdom.  If the child is joining a relative other than a parent in the United Kingdom they need to show there are serious and compelling reasons for their admission to the United Kingdom in any event.
    Problems often arise where one partner has settled in the United Kingdom and then later arranges to bring a child to the United Kingdom to settle with them and the other parent is living elsewhere.  In such circumstances it is important to show that the parent in the United Kingdom who is settled, has sole responsibility for the child’s upbringing.  Sole Responsibility relates to the amount of input that parent has had in their child’s upbringing in terms of financial support and also in terms of the day-to-day care and decision making. 
  2. under 18;
  3. not leading an independent life;
  4. unmarried and has not formed an independent family unit;
  5. The parent, parents or relatives the child is joining in the United Kingdom, have adequate accommodation for the child and can support the child without the need to claim benefits for that child; and
  6. That the parent, parents or relatives the child is joining can support the child financially without the need to claim benefits.

The definition of a parent for the purposes of the Immigration Rules, include a stepfather or stepmother, where the natural mother or father is dead.  The father as well as the mother of an illegitimate child (where the father can be proved to be the biological father) and an adopted parent (provided that the child is legally adopted in a country whose adoption orders are recognised by the United Kingdom.

How is the application made?

The application can be made either at the British Embassy in the child’s home country, or if the child is already in the United Kingdom in another capacity, it may be possible to switch status and make the application in the United Kingdom. Advice should be sought as to whether this is possible as it is only possible to switch status from certain categories.

What sort of Permission to Remain in the UK will be granted?

The period of permission granted depends on whether the parent or relative they are joining already has settled status themselves or is also applying for settlement at the same time. For example, a child joining parents settled here would be granted settlement, whereas a child joining a parent who has two years permission to remain in the UK as a spouse would be granted two years in line with the parent they were joining.  If the parent then applied for settlement the child could do the same.

It is also possible for parents or relatives in the United Kingdom in other categories, for example, students and work permit holders, to arrange for dependent children to join them in the United Kingdom for the same period of permission that they have been granted.  The requirements are fundamentally the same as outlined above with the additional requirement that the child will not stay beyond the period of leave granted to the parent or relative.  If the parent or relative has been granted permission to enter or remain in a category that could lead to settlement there is no need to show that the child would not want to settle at the end of the period of leave. Whereas if the category the parent or relative had been granted a period of leave in did not lead to settlement it would need to be established that at the time of the application there was no intention to settle.