Child of a parent, parents, or a relative present and settled in the UK
Child of a parent, parents, or a relative present and settled in the UK
The children of a British national or settled person can apply to come to join the parent(s) or relatives in the UK. There are several applications that can be made depending on the child and parents’ personal circumstances.
Child of a parent, parents, or a relative present and settled in the UK
The type of application to be made depends on whether or not the child was born outside the UK, their age, and the type of leave their parents have. The applicant will be applying for ILR to come to the UK as the child of the parent, parents, or a relative present and settled in the UK.
For the purposes of immigration rules, the ‘child’ is defined as a person under 18 years of age. The term ‘parent’ includes biological parents, the stepmother or stepfather (if any of the child’s parents is dead), parents of an illegitimate child, and an adoptive parent under certain circumstances.
Position of Parents
The applicant (child) can not make an application for settlement in the UK unless both parents are settled here or are admitted for settlement in the UK. There are a few exceptions in the following circumstances
- One parent is deceased and the other parent is present and settled in the UK or being admitted for settlement at the time the child is seeking admission
- One parent holds a ‘settled’ status whereas the other is being admitted for settlement
- One parent is settled or being admitted for settlement in the UK prove that they have sole responsibility for the child’s upbringing
- A parent or close relative is settled and coming to settle in the UK where there are serious or compelling family considerations why the child must come to the UK and there are suitable arrangements in place for the child’s care.
Position of Children
A child seeking admission to the UK to join a parent(s) or relative who is present or settled in the UK must meet the following requirements to gain entry clearance
- Aged under 18
- Evidence that the child is related as claimed
- The child is not married, a civil partner, or has not formed an independent family unit
- The applicant (child) is not leading an independent life
- The sponsor provides adequate maintenance and accommodation for the child without seeking public funds
Application Process
The application for ILR as a child under the age of 18 of a parent, parents, or relative present and settled in the UK by filling out the form SET (F). As per section 55 of the Borders, Citizenship and Immigration Act 2009, the Home Office will consider the best interests of the child while making the decision on the application.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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