CHILDREN

You may be able to come to and/or stay in the UK if you are:

• a child of a parent, parents or relative who is/are present and settled in the UK or being admitted for settlement;
• a child whose parent has made an application for entry clearance or leave, or who has limited leave as a partner;
• a child of a parent or relative with limited leave to enter or remain in the UK as a refugee or beneficiary of humanitarian protection.

(1) Children of a parent, parents or relative who is/are present and settled in the UK or being admitted for settlement

Under UK immigration law, indefinite leave to enter the UK may be granted to a child under 18 years of age who is overseas where:

• Both parents are British citizens or have indefnite leave to remain, or are being admitted on the same occasion for settlement; or
• One parent is a British citizen or has indefinite leave to remain, and the other one is applying to come to the UK; or
• One parent is a British citizen or has indefinite leave to remain, and the other parent is dead; or
• One parent is a British citizen or has indefinite leave to remain, and that parent has had sole responsibility for the child's upbringing; or
• One parent (or another relative) is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.

Additionally, the child will have to show that they meet the following requirements:

• They are related as claimed; and
• They are under 18 at the date of application; and
• They are not married, in a civil partnership or leading an independent life; and
• There is adequate accommodation and maintenance for the child, without relying on public funds.

If the application is successful, the child will be granted indefinite leave to enter the United Kingdom. 

It is also possible for a child under 18 years of age who is already in the UK with limited leave to remain to apply for indefnite leave to remain where:

• Both parents are British citizens or have indefinite leave to remain; or
• One parent is a British citizen or has indefinite leave to remain, and the other parent is dead; or
• One parent is a British citizen or has indefinite leave to remain, and that parent has had sole responsibility for the child's upbringing; or
• One parent (or another relative) is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.

Additionally, the child will have to show that they meet the following requirements:

• They are related as claimed; and
• They are under 18 at the date of applicatoin; or
• They have leave to enter or remain which was granted to them with a view to settlement in this category; and
• They are not married, in a civil partnership or leading an independent life; and
• There is adequate accommodation and maintenance for the child, without relying on public funds; and
• The child does not have any unspent convictions.

(2) Children of a parent who has made an application for entry clearance or leave, or who has limited leave as a partner

Under UK immigration law, leave to enter or remain may also be granted to a child whose parent has made an application for entry clearance or leave, or who has limited leave as a partner.

To qualify, the child must:

• be under the age of 18 at the date of application, unless applying to extend leave granted in cases where the applicant has subsequently reached the age of 18 but not yet obtained settlement;
• not be married or in a civil partnership;
• not have formed an independent family unit;
• not be leading an independent life;
• not fail the suitability requirement;
• satisy the financial requirement;
• provide evidence that there will be adequate accommodation, without recourse to public funds.

(3) Children of a parent or relative with limited leave to enter or remain in the UK as a refugee or beneficiary of humanitarian protection

Under UK immigration law, leave to enter may be granted to a child of a parent or relative with limited leave to enter or remain in the UK as a refugee or beneficiary of humanitarian protection.  The definition of 'child of a relative' includes nieces, nephews, step brothers, step sisters and cousins of refugees and persons with humanitarian protection resident in the UK under 18 years of age.

ADOPTED CHILDREN AND CHILDREN OF PBS MIGRANTS

You can come to the UK if you have been adopted by someone who is British or has indefinite leave to remain in the UK. You must have been adopted in a country that is part of the Hague Convention.

You can also come to the UK if one of your parents is in the UK under the Points Based System.

Please contact us for further information.

PARENTS, GRANDPARENTS AND OTHER ADULT DEPENDENT RELATIVES

If you are an adult and are dependent on a relative who is British, has indefinite leave to remain or refugee / humanitarian protection status in the UK then you may be entitled to join them in the UK.

Please note that this route is only available to applicants outside the UK; you cannot apply to switch into this category from inside the UK.

You must be related to a person who is in the UK in one of the following ways:

• Parent aged 18 years or over;
• Grandparent;
• Brother or sister aged 18 or over;
• Son or daughter aged 18 years or over.

If you are applying as a parent or grandparent, then you must either be in a subsisting relationship with the other parent or grandparent of the person who is in the UK and be applying together or, alternatively, separated, divorced or widowed from the other parent or grandparent.

For all cases, you will also have to show that you (or your partner if you are applying as a parent or grandparent) as a result of age, illness or disability require long-term personal care to perform everyday tasks (e.g. washing, dressing and cooking).  The required care must be unavailable in your home country, even with your UK relative's practical and financial assistance, because either it is not available and there is no person in your home country who can reasonably provide it or it is not affordable.  The requirement for care may have been arrived at recently - such as the result of a serious accident resulting in long-term capacity - or it could be the result of a deterioration in your condition over several years.

You will also need to provide specified evidence to show that you can be adequately maintained and accommodated and cared for in the UK by your UK relative without relying on public funds.

If your application is successful and your UK relative is a British citizen or is settled in the UK, you will be granted indefinite leave to enter the United Kingdom.  If your UK relative has refugee or humanitarian protection status then you will be granted limited leave to enter of a duration which will expire at the same time as your UK relative's limited leave.  In this case, if your UK relative subsequently applies for indefinite leave to remain then you will also be able to apply at the same time.

CONTACT US

For advice and assistance with an application or appeal in respect of a child or adult dependent relative visa, call our immigration barristers direct on 0203 617 9173 or e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it