Children of individuals, who are applying for limited leave to remain in the UK as the partner of a settled or British national, may be eligible to apply for leave to remain in line with the parent.

Children of individuals in the UK under the points based system may also be eligible to enter or remain as the dependent of that individual.

The requirements 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 United Kingdom are that s/he:

• is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
• both parents are present and settled in the United Kingdom; or
• both parents are being admitted on the same occasion for settlement; or
• one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
• one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
• one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
• one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and
• is under the age of 18; and
• is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
• can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and
• can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and
• holds a valid United Kingdom entry clearance for entry in this capacity; and
• does not fall for refusal under the general grounds for refusal

At Descartes Solicitors our experienced lawyers can assist you whether you are making an initial or fresh application, whether you have been refused and wish to exercise a right of appeal or even where you have been denied a right of appeal.

For further information please contact us on 0208 995 3556 or on 0844 556 9901. You can also email us at email us at info@descartessolicitors.co.uk or complete our enquiries box through this website.

Outcome

If an application under any other above categories is successful, then the applicant will be granted a visa for 2 ½ years visa initially. The applicant will qualify for indefinite leave to remain (settlement) after completing 5 years under this route.

At Descartes Solicitors our experienced lawyers can assist you whether you are making an initial or fresh application, whether you have been refused and wish to exercise a right of appeal or even where you have been denied a right of appeal.