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 3
Indefinite leave to enter or
remain in the United Kingdom as the adopted child of a parent
or parents present and settled or being admitted for settlement
in the United Kingdom
312. 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 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 adopted child of a parent or parents present and settled
in the United Kingdom may be granted provided the Secretary
of State is satisfied that each of the requirements of paragraph
311 is met.
Refusal of indefinite leave
to enter or remain in the United Kingdom as the adopted child
of a parent or parents present and settled or being admitted
for settlement in the United Kingdom
313. 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 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 adopted child of a parent or parents 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
311 is met.
Requirements for limited leave
to enter or remain in the United Kingdom with a view to settlement
as the adopted child of a parent or parents given limited
leave to enter or remain in the United Kingdom with a view
to settlement
314. The requirements to be met in the case of a child seeking
limited leave to enter or remain in the United Kingdom with
a view to settlement as the adopted 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; or
(d) 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) 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) (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
(vi) 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
(vii) has the same rights and obligations as any other child
of the adoptive parent's or parents' family; and
(viii) 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
(ix) has lost or broken his ties with his family of origin;
and
(x) was adopted, but the adoption is not one of convenience
arranged to facilitate his admission to the United Kingdom;
and
(xi) (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
(xii) if seeking leave to enter, holds 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 adopted
child of a parent or parents given limited leave to enter
or remain in the United Kingdom with a view to settlement
315. A person seeking limited leave to enter the United Kingdom
with a view to settlement as the adopted 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 12 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 adopted child of a parent or parents
given limited leave to enter or remain in the United Kingdom
with a view to settlement may be granted limited leave for
a period not exceeding 12 months provided the Secretary of
State is satisfied that each of the requirements of paragraph
314 (i)-(xi) is met.
Refusal of limited leave to
enter or remain in the United Kingdom with a view to settlement
as the adopted child of a parent or parents given limited
leave to enter or remain in the United Kingdom with a view
to settlement
316. Limited leave to enter the United Kingdom with a view
to settlement as the adopted 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 adopted 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 314
(i)-(xi) is met.
Requirements for limited leave
to enter the United Kingdom with a view to settlement as a
child for adoption
316A. The requirements to be satisfied in the case of a child
seeking limited leave to enter the United Kingdom for the
purpose of being adopted (which, for the avoidance of doubt,
does not include a de facto adoption) in the United Kingdom
are that he:
(i) is seeking limited leave to enter to accompany or join
a person or persons who wish to adopt him in the United Kingdom
(the "prospective parent(s)"), in one of the following
circumstances:
(a) both prospective parents are present and settled in the
United Kingdom; or
(b) both prospective parents are being admitted for settlement
on the same occasion that the child is seeking admission;
or
(c) one prospective parent is present and settled in the
United Kingdom and the other is being admitted for settlement
on the same occasion that the child is seeking admission;
or
(d) one prospective parent is present and settled in the
United Kingdom and the other is being given limited leave
to enter or remain in the United Kingdom with a view to settlement
on the same occasion that the child is seeking admission,
or has previously been given such leave; or
(e) one prospective parent is being admitted for settlement
on the same occasion that the other is being granted limited
leave to enter with a view to settlement, which is also on
the same occasion that the child is seeking admission; or
(f) one prospective parent is present and settled in the
United Kingdom or is being admitted for settlement on the
same occasion that the child is seeking admission, and has
had sole responsibility for the child's upbringing; or
(g) one prospective parent is present and settled in the
United Kingdom or is being admitted for settlement on the
same occasion that the child is seeking admission, and there
are serious and compelling family or other considerations
which would make the child's exclusion 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 maintained and accommodated adequately
without recourse to public funds in accommodation which the
prospective parent or parents own or occupy exclusively; and
(v) will have the same rights and obligations as any other
child of the marriage or civil partnership; and
(vi) is being adopted due to the inability of the original
parent(s) or current carer(s) (or those looking after him
immediately prior to him being physically transferred to his
prospective parent or parents) to care for him, and there
has been a genuine transfer of parental responsibility to
the prospective parent or parents; and
(vii) has lost or broken or intends to lose or break his
ties with his family of origin; and
(viii) will be adopted in the United Kingdom by his prospective
parent or parents in accordance with the law relating to adoption
in the United Kingdom, but the proposed adoption is not one
of convenience arranged to facilitate his admission to the
United Kingdom.
Limited leave to enter the United
Kingdom with a view to settlement as a child for adoption
316B. A person seeking limited leave to enter the United
Kingdom with a view to settlement as a child for adoption
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.
Refusal of limited leave to
enter the United Kingdom with a view to settlement as a child
for adoption
316C. Limited leave to enter the United Kingdom with a view
to settlement as a child for adoption 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 limited leave
to enter the United Kingdom with a view to settlement as a
child for adoption under the Hague Convention
316D The requirements to be satisfied in the case of a child
seeking limited leave to enter the United Kingdom for the
purpose of being adopted in the United Kingdom under the Hague
Convention are that he:
(i) is seeking limited leave to enter to accompany one or
two people each of whom are habitually resident in the United
Kingdom and who wish to adopt him under the Hague Convention
(?the prospective parents?);
(ii) is the subject of an agreement made under Article 17(c)
of the Hague Convention; and
(iii) has been entrusted to the prospective parents by the
competent administrative authority of the country from which
he is coming to the United Kingdom for adoption under the
Hague Convention; and
(iv) is under the age of 18; and
(v)* can, and will, be maintained and accommodated adequately
without recourse to public funds in accommodation which the
prospective parent or parents own or occupy exclusively; and
(vi)* holds a valid United Kingdom entry clearance for entry
in this capacity.
Limited leave to enter the United
Kingdom with a view to settlement as a child for adoption
under the Hague Convention
316E A person seeking limited leave to enter the United Kingdom
with a view to settlement as a child for adoption under the
Hague Convention 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.
Refusal of limited leave to
enter the United Kingdom with a view to settlement as a child
for adoption under the Hague Convention
316F Limited leave to enter the United Kingdom with a view
to settlement as a child for adoption under the Hague Convention
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.
PARENTS, GRANDPARENTS AND OTHER
DEPENDENT RELATIVES OF PERSONS PRESENT AND SETTLED IN THE
UNITED KINGDOM
Requirements for indefinite
leave to enter or remain in the United Kingdom as the parent,
grandparent or other dependent relative of a person present
and settled in the United Kingdom
317. The requirements to be met by a person seeking indefinite
leave to enter or remain in the United Kingdom as the parent,
grandparent or other dependent relative of a person present
and settled in the United Kingdom are that the person:
(i) is related to a person present and settled in the United
Kingdom in one of the following ways:
(a) mother or grandmother who is a widow aged 65 years or
over; or
(b) father or grandfather who is a widower aged 65 years
or over; or
(c) parents or grandparents travelling together of whom at
least one is aged 65 or over; or
(d) a parent or grandparent aged 65 or over who has entered
into a second relationship of marriage or civil partnership
but cannot look to the spouse, civil partner or children of
that second relationship for financial support; and where
the person settled in the United Kingdom is able and willing
to maintain the parent or grandparent and any spouse or civil
partner or child of the second relationship who would be admissible
as a dependant; or
(e) parent or grandparent under the age of 65 if living alone
outside the United Kingdom in the most exceptional compassionate
circumstances and mainly dependent financially on relatives
settled in the United Kingdom; or
(f) the son, daughter, sister, brother, uncle or aunt over
the age of 18 if living alone outside the United Kingdom in
the most exceptional compassionate circumstances and mainly
dependent financially on relatives settled in the United Kingdom;
and
(ii) is joining or accompanying a person who is present and
settled in the United Kingdom or who is on the same occasion
being admitted for settlement; and
(iii) is financially wholly or mainly dependent on the relative
present and settled in the United Kingdom; and
(iv) can, and will, be accommodated adequately, together
with any dependants, without recourse to public funds, in
accommodation which the sponsor owns or occupies exclusively;
and
(iva) can, and will, be maintained adequately, together with
any dependants, without recourse to public funds; and
(v) has no other close relatives in his own country to whom
he could turn for financial support; and
(vi) if seeking leave to enter, holds a valid United Kingdom
entry clearance for entry in this capacity.
Indefinite leave to enter or
remain as the parent, grandparent or other dependent relative
of a person present and settled in the United Kingdom
318. Indefinite leave to enter the United Kingdom as the
parent, grandparent or other dependent relative of a person
present and settled 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 parent, grandparent
or other dependent relative of a person present and settled
in the United Kingdom may be granted provided the Secretary
of State is satisfied that each of the requirements of paragraph
317 (i)-(v) is met.
Refusal of indefinite leave
to enter or remain in the United Kingdom as the parent, grandparent
or other dependent relative of a person present and settled
in the United Kingdom
319. Indefinite leave to enter the United Kingdom as the
parent, grandparent or other dependent relative of a person
settled 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 parent, grandparent
or other dependent relative of a person 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
317 (i)-(v) is met.
* please note in the printed
version of CM5829 these points appear in error numbered as
an alternative version of 316D (iii) and (iv) | 
