Spouses 277-289
Victims of domestic violence 289A-289C
Fiance(e)s 290-295
Unmarried partners 295AA-295O
Children 296-316
Parents, grandparents and other dependent relatives 317-319
.....................................................................................................................
SECTION 2 - CHILDREN
296. Nothing in these Rules shall be construed as permitting
a child to be granted entry clearance, leave to enter or remain,
or variation of leave where his parent is party to a polygamous
marriage and any application by that parent for admission
or leave to remain for settlement or with a view to settlement
would be refused pursuant to paragraphs 278 or 278A.
LEAVE TO ENTER OR REMAIN IN 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
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.
297. The requirements to be met by a person seeking 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 he:
(i) is seeking leave to enter to accompany or join a parent,
parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom;
or
(b) both parents are being admitted on the same occasion
for settlement; or
(c) one parent is present and settled in the United Kingdom
and the other is being admitted on the same occasion for settlement;
or
(d) 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
(e) 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
(f) 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
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and
is not a civil partner, and has not formed an independent
family unit; and
(iv) 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
(v) can, and will, be maintained adequately by the parent,
parents, or relative the child is seeking to join, without
recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry
in this capacity.
Requirements for indefinite
leave to remain in 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.
298. The requirements to be met by a person seeking indefinite
leave to remain in the United Kingdom as the child of a parent,
parents or a relative present and settled in the United Kingdom
are that he:
(i) is seeking to remain with a parent, parents or a relative
in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom;
or
(b) one parent is present and settled in the United Kingdom
and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom
and has had sole responsibility for the child's upbringing;
or
(d) one parent or a relative is present and settled in the
United Kingdom 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
(ii) has limited leave to enter or remain in the United Kingdom,
and
(a) is under the age of 18; or
(b) was given leave to enter or remain with a view to settlement
under paragraph 302; and
(iii) is not leading an independent life, is unmarried, and
has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent,
parents or relative the child was admitted to join, without
recourse to public funds in accommodation which the parent,
parents or relative the child was admitted to join, own or
occupy exclusively; and
(v) can, and will, be maintained adequately by the parent,
parents or relative the child was admitted to join, without
recourse to public funds.
Indefinite leave to enter or
remain in 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.
299. 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 may
be granted provided a valid United Kingdom entry clearance
for entry in this capacity is produced to the Immigration
Officer on arrival. Indefinite leave to remain in the United
Kingdom as the child of a parent, parents or a relative present
and settled in the United Kingdom may be granted provided
the Secretary of State is satisfied that each of the requirements
of paragraph 298 is met.
Refusal of indefinite leave
to enter or remain in 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.
300. 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 is
to be refused if a valid United Kingdom entry clearance for
entry in this capacity is not produced to the Immigration
Officer on arrival. Indefinite leave to remain in the United
Kingdom as the child of a parent, parents or a relative present
and settled in the United Kingdom is to be refused if the
Secretary of State is not satisfied that each of the requirements
of paragraph 298 is met.
Requirements for limited leave
to enter or remain in the United Kingdom with a view to settlement
as the child of a parent or parents given limited leave to
enter or remain in the United Kingdom with a view to settlement.
301. The requirements to be met by a person seeking limited
leave to enter or remain in the United Kingdom with a view
to settlement as the child of a parent or parents given limited
leave to enter or remain in the United Kingdom with a view
to settlement are that he:
(i) is seeking leave to enter to accompany or join or remain
with a parent or parents in one of the following circumstances:
(a) one parent is present and settled in the United Kingdom
or being admitted on the same occasion for settlement and
the other parent is being or has been given limited leave
to enter or remain in the United Kingdom with a view to settlement;
or
(b) one parent is being or has been given limited leave to
enter or remain in the United Kingdom with a view to settlement
and has had sole responsibility for the child's upbringing;
or
(c) one parent is being or has been given limited leave to
enter or remain in the United Kingdom with a view to 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
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and
is not a civil partner, and has not formed an independent
family unit; and
(iv) can, and will, be accommodated adequately without recourse
to public funds, in accommodation which the parent or parents
own or occupy exclusively; and
(iva) can, and will, be maintained adequately by the parent
or parents without recourse to public funds; and
(v) (where an application is made for limited leave to remain
with a view to settlement) has limited leave to enter or remain
in the United Kingdom; and
(vi) if seeking leave to enter, holds a valid United Kingdom
entry clearance for entry in this capacity or, if seeking
leave to remain, was admitted with a valid United Kingdom
entry clearance for entry in this capacity.
Limited leave to enter or remain
in the United Kingdom with a view to settlement as the child
of a parent or parents given limited leave to enter or remain
in the United Kingdom with a view to settlement
302. A person seeking limited leave to enter the United Kingdom
with a view to settlement as the child of a parent or parents
given limited leave to enter or remain in the United Kingdom
with a view to settlement may be admitted for a period not
exceeding 24 months provided he is able, on arrival, to produce
to the Immigration Officer a valid United Kingdom entry clearance
for entry in this capacity. A person seeking limited leave
to remain in the United Kingdom with a view to settlement
as the child of a parent or parents given limited leave to
enter or remain in the United Kingdom with a view to settlement
may be given limited leave to remain for a period not exceeding
24 months provided the Secretary of State is satisfied that
each of the requirements of paragraph 301 (i)-(v) is met.
Refusal of limited leave to
enter or remain in the United Kingdom with a view to settlement
as the child of a parent or parents given limited leave to
enter or remain in the United Kingdom with a view to settlement.
303. Limited leave to enter the United Kingdom with a view
to settlement as the child of a parent or parents given limited
leave to enter or remain in the United Kingdom with a view
to settlement is to be refused if a valid United Kingdom entry
clearance for entry in this capacity is not produced to the
Immigration Officer on arrival. Limited leave to remain in
the United Kingdom with a view to settlement as the child
of a parent or parents given limited leave to enter or remain
in the United Kingdom with a view to settlement is to be refused
if the Secretary of State is not satisfied that each of the
requirements of paragraph 301 (i)-(v) is met.
LEAVE TO ENTER AND EXTENSION
OF STAY IN THE UNITED KINGDOM AS THE CHILD OF A PARENT WHO
IS BEING, OR HAS BEEN ADMITTED TO THE UNITED KINGDOM AS A
FIANCÉ(E) OR ROOSED CIVIL PARTNER
Requirements for limited leave
to enter the United Kingdom as the child of a fiancé(e)
or proposed civil partner
303A. The requirements to be met by a person seeking limited
leave to enter the United Kingdom as the child of a fiancé(e)
or proposed civil partner, are that:
(i) he is seeking to accompany or join a parent who is, on
the same occasion that the child seeks admission, being admitted
as a fiancé(e) or proposed civil partner , or who has
been admitted as a fiancé(e) or proposed civil partner;
and
(ii) he is under the age of 18; and
(iii) he is not leading an independent life, is unmarried
and is not a civil partner, and has not formed an independent
family unit; and
(iv) he can and will be maintained and accommodated adequately
without recourse to public funds with the parent admitted
or being admitted as a fiancé(e) or proposed civil
partner; and
(v) there are serious and compelling family or other considerations
which make the child's exclusion undesirable, that suitable
arrangements have been made for his care in the United Kingdom,
and there is no other person outside the United Kingdom who
could reasonably be expected to care for him; and
(vi) he holds a valid United Kingdom entry clearance for
entry in this capacity.
Limited leave to enter the United
Kingdom as the child of a parent who is being, or has been
admitted to the United Kingdom as a fiancé(e) or proposed
civil partner
303B. A person seeking limited leave to enter the United
Kingdom as the child of a fiancé(e) or proposed civil
partner, may be granted limited leave to enter the United
Kingdom for a period not in excess of that granted to the
fiancé(e) or proposed civil partner, provided that
a valid United Kingdom entry clearance for entry in this capacity
is produced to the Immigration Officer on arrival. Where the
period of limited leave granted to a fiancé(e) will
expire in more than 6 months, a person seeking limited leave
to enter as the child of the fiancé(e) or proposed
civil partner should be granted leave for a period not exceeding
six months.
Refusal of limited leave to
enter the United Kingdom as the child of a parent who is being,
or has been admitted to the United Kingdom as a fiancé(e)
or proposed civil partner
303C. Limited leave to enter the United Kingdom as the child
of a fiancé(e) or proposed civil partner, is to be
refused if a valid United Kingdom entry clearance for entry
in this capacity is not produced to the Immigration Officer
on arrival.
Requirements for an extension
of stay in the United Kingdom as the child of a fiancé(e)
or proposed civil partner
303D. The requirements to be met by a person seeking an extension
of stay in the United Kingdom as the child of a fiancé(e)
or proposed civil partner are that:
(i) the applicant was admitted with a valid United Kingdom
entry clearance as the child of a fiancé(e) or proposed
civil partner; and
(ii) the applicant is the child of a parent who has been
granted limited leave to enter, or an extension of stay, as
a fiancé(e) or proposed civil partner; and
(iii) the requirements of paragraph 303A (ii) - (v) are met.
Extension of stay in the United
Kingdom as the child of a fiancé(e) or proposed civil
partner
303E. An extension of stay as the child of a fiancé(e)
or proposed civil partner may be granted provided that the
Secretary of State is satisfied that each of the requirements
of paragraph 303D is met.
Refusal of an extension of stay
in the United Kingdom as the child of a fiancé(e) or
proposed civil partner
303F. An extension of stay as the child of a fiancé(e)
or proposed civil partner is to be refused if the Secretary
of State is not satisfied that each of the requirements of
paragraph 303D is met.
CHILDREN BORN IN THE UNITED
KINGDOM WHO ARE NOT BRITISH CITIZENS
304. This paragraph and paragraphs 305-309 apply only to
dependent children under 18 years of age who are unmarried
and are not civil partners and who were born in the United
Kingdom on or after 1 January 1983 (when the British Nationality
Act 1981 came into force) but who, because neither of their
parents was a British Citizen or settled in the United Kingdom
at the time of their birth, are not British Citizens and are
therefore subject to immigration control. Such a child requires
leave to enter where admission to the United Kingdom is sought,
and leave to remain where permission is sought for the child
to be allowed to stay in the United Kingdom. If he qualifies
for entry clearance, leave to enter or leave to remain under
any other part of these Rules, a child who was born in the
United Kingdom but is not a British Citizen may be granted
entry clearance, leave to enter or leave to remain in accordance
with the provisions of that other part.
Requirements for leave to enter
or remain in the United Kingdom as the child of a parent or
parents given leave to enter or remain in the United Kingdom
305. The requirements to be met by a child born in the United
Kingdom who is not a British Citizen who seeks leave to enter
or remain in the United Kingdom as the child of a parent or
parents given leave to enter or remain in the United Kingdom
are that he:
(i) (a) is accompanying or seeking to join or remain with
a parent or parents who have, or are given, leave to enter
or remain in the United Kingdom; or
(b) is accompanying or seeking to join or remain with a parent
or parents one of whom is a British Citizen or has the right
of abode in the United Kingdom; or
(c) is a child in respect of whom the parental rights and
duties are vested solely in a local authority; and
(ii) is under the age of 18; and
(iii) was born in the United Kingdom; and
(iv) is not leading an independent life, is unmarried and
is not a civil partner, and has not formed an independent
family unit; and
(v) (where an application is made for leave to enter) has
not been away from the United Kingdom for more than 2 years.
Leave to enter or remain in
the United Kingdom
306. A child born in the United Kingdom who is not a British
Citizen and who requires leave to enter or remain in the circumstances
set out in paragraph 304 may be given leave to enter for the
same period as his parent or parents where paragraph 305 (i)(a)
applies, provided the Immigration Officer is satisfied that
each of the requirements of paragraph 305 (ii)-(v) is met.
Where leave to remain is sought, the child may be granted
leave to remain for the same period as his parent or parents
where paragraph 305 (i)(a) applies, provided the Secretary
of State is satisfied that each of the requirements of paragraph
305 (ii)-(iv) is met. Where the parent or parents have or
are given periods of leave of different duration, the child
may be given leave to whichever period is longer except that
if the parents are living apart the child should be given
leave for the same period as the parent who has day to day
responsibility for him.
307. If a child does not qualify for leave to enter or remain
because neither of his parents has a current leave, (and neither
of them is a British Citizen or has the right of abode), he
will normally be refused leave to enter or remain, even if
each of the requirements of paragraph 305 (ii)-(v) has been
satisfied. However, he may be granted leave to enter or remain
for a period not exceeding 3 months if both of his parents
are in the United Kingdom and it appears unlikely that they
will be removed in the immediate future, and there is no other
person outside the United Kingdom who could reasonably be
expected to care for him.
308. A child born in the United Kingdom who is not a British
Citizen and who requires leave to enter or remain in the United
Kingdom in the circumstances set out in paragraph 304 may
be given indefinite leave to enter where paragraph 305 (i)(b)
or (i)(c) applies provided the Immigration Officer is satisfied
that each of the requirements of paragraph 305 (ii)-(v) is
met. Where an application is for leave to remain, such a child
may be granted indefinite leave to remain where paragraph
305 (i)(b) or (i)(c) applies, provided the Secretary of State
is satisfied that each of the requirements of paragraph 305
(ii)-(iv) is met.
Refusal of leave to enter or
remain in the United Kingdom
309. Leave to enter the United Kingdom where the circumstances
set out in paragraph 304 apply is to be refused if the Immigration
Officer is not satisfied that each of the requirements of
paragraph 305 is met. Leave to remain for such a child is
to be refused if the Secretary of State is not satisfied that
each of the requirements of paragraph 305 (i)-(iv) is met.
ADOPTED CHILDREN
309A. For the purposes of adoption under paragraphs 310-316C
a de facto adoption shall be regarded as having taken place
if:
(a) at the time immediately preceding the making of the application
for entry clearance under these Rules the adoptive parent
or parents have been living abroad (in applications involving
two parents both must have lived abroad together) for at least
a period of time equal to the first period mentioned in sub-paragraph
(b)(i) and must have cared for the child for at least a period
of time equal to the second period material in that sub-paragraph;
and
(b) during their time abroad, the adoptive parent or parents
have:
(i) lived together for a minimum period of 18 months, of
which the 12 months immediately preceding the application
for entry clearance must have been spent living together with
the child; and
(ii) have assumed the role of the child's parents, since
the beginning of the 18 month period, so that there has been
a genuine transfer of parental responsibility.
Requirements for indefinite
leave to enter the United Kingdom as the adopted child of
a parent or parents present and settled or being admitted
for settlement in the United Kingdom
310. The requirements to be met in the case of a child seeking
indefinite leave to enter the United Kingdom as the adopted
child of a parent or parents present and settled or being
admitted for settlement in the United Kingdom are that he:
(i) is seeking leave to enter to accompany or join an adoptive
parent or parents in one of the following circumstances;
(a) both parents are present and settled in the United Kingdom;
or
(b) both parents are being admitted on the same occasion
for settlement; or
(c) one parent is present and settled in the United Kingdom
and the other is being admitted on the same occasion for settlement;
or
(d) 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
(e) 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
(f) one parent 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; or
(g) in the case of a de facto adoption one parent has a right
of abode in the United Kingdom or indefinite leave to enter
or remain in the United Kingdom and is seeking admission to
the United Kingdom on the same occasion for the purposes of
settlement; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and
is not a civil partner, and has not formed an independent
family unit; and
(iv) can, and will, be accommodated and maintained adequately
without recourse to public funds in accommodation which the
adoptive parent or parents own or occupy exclusively; and
(v) DELETED
(vi) (a) was adopted in accordance with a decision taken
by the competent administrative authority or court in his
country of origin or the country in which he is resident,
being a country whose adoption orders are recognised by the
United Kingdom; or
(b) is the subject of a de facto adoption; and
(vii) was adopted at a time when:
(a) both adoptive parents were resident together abroad;
or
(b) either or both adoptive parents were settled in the United
Kingdom; and
(viii) has the same rights and obligations as any other child
of the adoptive parent's or parents' family; and
(ix) was adopted due to the inability of the original parent(s)
or current carer(s) to care for him and there has been a genuine
transfer of parental responsibility to the adoptive parents;
and
(x) has lost or broken his ties with his family of origin;
and
(xi) was adopted, but the adoption is not one of convenience
arranged to facilitate his admission to or remaining in the
United Kingdom; and
(xii) holds a valid United Kingdom entry clearance for entry
in this capacity.
Requirements for indefinite
leave to remain in the United Kingdom as the adopted child
of a parent or parents present and settled in the United Kingdom
311. The requirements to be met in the case of a child seeking
indefinite leave to remain in the United Kingdom as the adopted
child of a parent or parents present and settled in the United
Kingdom are that he:
(i) is seeking to remain with an adoptive parent or parents
in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom;
or
(b) one parent is present and settled in the United Kingdom
and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom
and has had sole responsibility for the child's upbringing;
or
(d) one parent is present and settled in the United Kingdom
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; or
(e) in the case of a de facto adoption one parent has a right
of abode in the United Kingdom or indefinite leave to enter
or remain in the United Kingdom and is seeking admission to
the United Kingdom on the same occasion for the purpose of
settlement; and
(ii) has limited leave to enter or remain in the United Kingdom,
and
(a) is under the age of 18; or
(b) was given leave to enter or remain with a view to settlement
under paragraph 315 or paragraph 316B; and
(iii) is not leading an independent life, is unmarried and
is not a civil partner, and has not formed an independent
family unit; and
(iv) can, and will, be accommodated and maintained adequately
without recourse to public funds in accommodation which the
adoptive parent or parents own or occupy exclusively; and
(v) DELETED
(vi) (a) was adopted in accordance with a decision taken
by the competent administrative authority or court in his
country of origin or the country in which he is resident,
being a country whose adoption orders are recognised by the
United Kingdom; or
(b) is the subject of a de facto adoption; and
(vii) was adopted at a time when:
(a) both adoptive parents were resident together abroad;
or
(b) either or both adoptive parents were settled in the United
Kingdom; and
(viii) has the same rights and obligations as any other child
of the adoptive parent's or parents' family; and
(ix) was adopted due to the inability of the original parent(s)
or current carer(s) to care for him and there has been a genuine
transfer of parental responsibility to the adoptive parents;
and
(x) has lost or broken his ties with his family of origin;
and
(xi) was adopted, but the adoption is not one of convenience
arranged to facilitate his admission to or remaining in the
United Kingdom. | 
