Indefinite Leave to Remain for Children – Sole responsibility under Paragraph 297 of the Immigration Rules
A child seeing indefinite leave to remain under Paragraph 297 of the Immigration Rules must be under the sole care/responsibility of one parent. To demonstrate this, the parent may be to show responsibility for making the major decisions in the child’s life related to education, religion, medical procedures, etc.
Sole Responsibility
As the term implies, sole responsibility means only one parent is responsible for the child’s upbringing. This may be due to several reasons such as breakdown of marriage, death of a parent, abandonment, or another reason such as one parent living overseas due to work commitments. Proving sole parental responsibility is quite difficult particularly in situations where the second parent is overseas.
Determining Sole Responsibility
When one parent has sole parental responsibility for the child, they have to prove to the Home Office that they have control over the child’s upbringing. However, parental responsibility will be shared when both parents are involved.
If one parent dies, abandons, or gives the responsibility to the other parent upon remarrying, the other parent gets the sole responsibility. Dealing with the day-to-day care of the child does not equate to sole responsibility. It is having continuing control to make key decisions for the child’s life.
To demonstrate sole responsibility, an applicant to expect to evidence at least one of the following:
- After separation or divorce, the parent was awarded legal custody of the child.
- The parent has entirety or significantly supported the child financially while the other parent’s financial contributions are minimal.
- The parent has complete control to make significant decisions relating to education, religion, medical treatment, the child’s property, recreational activities etc.
- The parent is also responsible for the day-to-day care and everyday decisions.
Alternatives to sole responsibility
It is difficult to determine sole responsibility and prove it to the Home Office officials, especially if the other parent is involved. In case of refusal of the application, the parent can still apply for the child to come to the UK on the basis of serious and compelling considerations, should they exist.
The Home Office will assess the child’s circumstances to allow or refuse entry. Generally, the child’s best interests and welfare are considered when deciding on the application.
Child of a parent having leave to remain (paragraph 301 of the Immigration Rules)
Part 8 of Immigration Rules sets out several routes for children intending to join their parents in the UK. Paragraph 301 of the Immigration deals with the entry clearance of the child seeking to join a UK-based parent(s) having limited leave to remain on the route to settlement.
Key eligibility requirements
The child applicant must meet the eligibility requirements to obtain entry clearance into the UK. The child may be granted permission to stay to accompany parents in the UK in any of the following circumstances:
- One parent residing in the UK either holds a settled status (ILR) or is being admitted for settlement while the other parent is granted limited leave with a view to settlement;
- One parent who has limited leave to enter and stay in the UK with a view to settlement has sole parental responsibility for the child applicant;
- One parent has limited leave to remain in the UK and there are serious and compelling circumstances that make the refusal of the application undesirable.
The parent(s) must be financially stable to maintain and accommodate the child adequately and pay for the child’s living needs without recourse to public funds.
Application Process
The child applicant will usually file an online immigration application and enroll biometrics. Several key documents can either be submitted to UKVI online or at the biometrics appointment. The relevant UKVI application fee and Immigration Health Surcharge, currently set at £624 per year is payable.
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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