UK Immigration: Indefinite Leave for a Child

• These notes outline the requirements for a person seeking indefinite leave to enter or remain in the UK as a child of a parent, parents, or relative already settled or being admitted for settlement.

Requirements for Indefinite Leave to Enter the UK

• The applicant must seek leave to enter the UK to accompany or join a parent, parents, or a relative under specific circumstances. These circumstances include:
  • Both parents are present and settled in the UK.
  • Both parents are being admitted for settlement simultaneously.
  • One parent is settled in the UK, and the other is being admitted for settlement simultaneously.
  • One parent is settled or being admitted for settlement, and the other parent is deceased.
  • One parent is settled or being admitted for settlement and has had sole responsibility for the child’s upbringing.
  • A parent or relative is settled or being admitted for settlement, with serious and compelling family or other considerations making exclusion undesirable, and suitable care arrangements are in place.
• The applicant must be under 18 years of age.
• The applicant must not be leading an independent life, be unmarried or in a civil partnership, and must not have formed an independent family unit.
• Adequate accommodation must be available for the child with the parent(s) or relative, without needing public funds, in a residence they own or occupy exclusively.
• The parent(s) or relative must be able to adequately maintain the child without using public funds.
• The applicant must possess a valid UK entry clearance for entry in this capacity.
• The applicant should not be subject to refusal under the general grounds for refusal.

Requirements for Indefinite Leave to Remain in the UK

• The applicant must seek to remain with a parent, parents, or a relative under specific circumstances, including:
  • Both parents are present and settled in the UK.
  • One parent is settled in the UK, and the other is deceased.
  • One parent is settled in the UK and has had sole responsibility for the child’s upbringing, or the child normally lives with this parent and not their other parent.
  • A parent or relative is settled in the UK, with serious and compelling family or other considerations making exclusion undesirable, and suitable care arrangements are in place.
• The applicant must have, or have had, limited leave to enter or remain in the UK. Whether they are under 18 includes consideration of:
  • Being under 18; or
  • Given leave to enter or remain with a view to settlement under paragraph 302 or Appendix FM; or
  • Admitted under paragraph 319R and has completed 2 years of limited leave as the child of a refugee or beneficiary of humanitarian protection now settled in the UK or a British Citizen; or
  • Holds limited leave under paragraph 319X as the child of a relative with limited leave as a refugee or beneficiary of humanitarian protection now settled in the UK; or
  • Last given limited leave to remain under paragraph 298A; or
  • Last given entry clearance or permission to stay under Appendix Adoption or the adopted children rules.
• The applicant must not be leading an independent life, be unmarried, and must not have formed an independent family unit.
• Adequate accommodation must be available for the child with the parent(s) or relative, without needing public funds, in a residence they own or occupy exclusively.
• The parent(s) or relative must be able to adequately maintain the child without using public funds.
• The applicant should not be subject to refusal under the general grounds for refusal.
• If the applicant is 18 or over, they must have been admitted under paragraph 302, Appendix FM, 319R, or 319X and demonstrate sufficient knowledge of the English language and life in the UK, as per Appendix KoLL.

Limited Leave to Remain

• If an applicant fails to meet the requirements of paragraph 298 only because of:
  • A sentence or disposal mentioned in paragraph 9.4.3 of Part 9 of these Rules; or
  • An applicant aged 18 or over does not meet the requirement in paragraph 298(vii); or
  • Would otherwise be refused indefinite leave to remain under paragraph 9.4.3. of Part 9 of these Rules
• The applicant may be granted limited leave to remain for up to 30 months, with no recourse to public funds.

Granting Indefinite Leave

• Indefinite leave to enter may be granted if a valid passport or identity document and entry clearance are presented to the Immigration Officer upon arrival.
• Indefinite leave to remain may be granted if the Secretary of State is satisfied that all requirements of paragraph 298 are met.