Legal enquiry
Full Name:
Telephone No:
Email:
Your enquiry:
Attachment:
ICS Legal - Immigration advisory services
request call back
ICS Legal is a OISC Regulated organisation F201300789, we are not affiliated with any government organisation, including the UKBA.Use our Contact Form for a free assessment.Please speak to us for more information on 0207 237 3388.
Full Name:
Telephone No:
Email:
Call back time:
Call back date:
ICS Legal - UK immigration advisory services
Immigration Lawyers | Immigration & Visa Specialists | Monday to Friday 9am to 6pm | info@icslegal.com
Advanced Search
call back icslegal020 7237 3388
Index >> Partners and Families >> Children >&g back button

Most visited:

Children applying to join as dependents or applying for indefinite leave to remain

Children wishing to join as dependents or applying for indefinite leave to enter or remain can be done in a number of ways. This is a very complex immigration category and one which you need to seek legal advice. Complete the visa assessment form by clicking here or call us on 0207 237 3388 and speak to one of our UK Immigration Lawyers. 

Applying as a dependent on a visa category

You cannot apply in the child category if you are the child of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system and your other parent does not yet qualify for settlement; and your most recent permission to stay as a dependent under the points-based system (known as a PBS dependant) was granted on or after 9 July 2012.

Instead, you must apply as a dependant under the relevant category of the points-based system. By 'child' we mean someone who is under 18 years old. Children cannot normally come to settle in the UK unless both parents are settled here or have been given permission to settle here. The only exceptions are where: 1 parent is dead and the other is settled or coming to settle here; or the parent who is settled or coming to settle in the UK has had sole responsibility for the child's upbringing or the child normally lives with that parent and not the other parent; or 1 parent is settled or coming to settle in the UK and there are serious reasons why the child must be allowed to come here.

The term 'parent' includes the stepfather or stepmother of a child whose father or mother is dead, both parents of an illegitimate child, and an adoptive parent in certain circumstances. Your child must show that they:

  • are not leading an independent life;

  • are not married or in a civil partnership;

  • have not formed an independent family unit; and

  • are aged under 18.

If you or one of the child's parents is applying to enter, remain, or has limited leave to remain in the UK as a partner or parent, you must meet the financial requirement. In all other cases, you will need to show that you have accommodation where you can all live without help from public funds to bring your child to settle in the UK. 

Applying for indefinite leave to enter/remain

The applicant (child) will be applying for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the UK. For the purposes of the immigration rules, ‘child’ means a person who is under 18 years old.

Children cannot normally come to settle in the UK unless both parents are settled here or have been given permission to settle here. The only exceptions to this are where:

  • one parent is deceased and the other parent is settled or coming to settle in the UK; or

  • the parent who is settled or coming to settle in the UK has had sole responsibility for the child's upbringing; or

  • one parent is settled or coming to settle in the UK and there are serious and compelling family or other reasons why the child must be allowed to come here.

  • The term 'parent' includes the stepfather or stepmother of a child whose father or mother is dead, both parents of an illegitimate child, and an adoptive parent in certain circumstances.

The child must show that they:

  • are not leading an independent life;

  • are not married or in a civil partnership;

  • have not formed an independent family unit; and

  • are aged under 18.

It is also necessary to demonstrate that the child:

  • can be adequately accommodated by the parent, parents or relative the child was admitted to join, without claiming any (additional) public funds, in accommodation which the parent, parents or relative the child was admitted to join, own or occupy exclusively; and 

  • can be adequately supported by the parent, parents or relative the child was admitted to join, without claiming any (additional) public funds.

The newly specified evidence under Appendix FM are required to be supplied or the visa application is refused. To get expert legal advice, contact our team on 0207 237 3388 or e-mail us your query on info@icslegal.com. To get a free case assessment and whether you meet the published requirements, complete our contact form by clicking here.

UK Visas & Immigration Services | ICS Legal

LINKS

FOLLOW US

© 2006 - 2017 Copyrights ICS LEGAL IMMIGRATION SPECIALISTS LTD | All rights reserved | UK immigration advice | Marriage Visa | British Citizenship | Tier 1 HSMP | www.icslegal.com