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QUINN MARTIN & LANGAN - SOLICITORS AND NOTARIES PUBLIC
Bringing Families Together
If your child is under 18 and living outside of the UK and you as their parent are already in the UK either settled or applying for settlement in the UK, then you may be eligible to apply for your child to enter and remain in the UK with you indefinitely.
If your child is under 18 living outside of the UK and you are already in the UK with limited leave on a Child Visa, then you may be eligible to apply for your child to enter the UK with the same period of permission to stay as you presently have.
Requirements for Indefinite Leave to Enter the UK as a Child
An application for indefinite leave to enter the UK as the child of a settled parent or relative can be made in the following circumstances:
● Where the child is coming to the UK to live with both parents and both parents are now British citizens or have indefinite leave to remain;● Where the child is coming to the UK to live with only one parent and either:
i) One parent is a British citizen or has indefinite leave to remain, and the other parent is dead; or
ii) 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
iii) One parent 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.
• Where the child is coming to live with another relative who is not their parent and the 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 satisfy the following requirements:
• They are related to the parent or other relative 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.
Requirements for Limited Leave to Enter or Remain in the UK as a Child
An application for limited leave to enter or remain in the UK as a child in this category can be made where the child’s parent has already been granted entry clearance or leave to remain as a partner of a British citizen or settled person in the UK.
In order to qualify for entry clearance or leave to remain as the child of a parent with limited leave as a partner, the child must be able to demonstrate that:
● They are the child of a parent who is in the UK as, or applying to come to the UK as, a partner;● The applicant’s parent’s partner is also the applicant’s parent, unless either:
i) the applicant’s parent has sole responsibility for the child; orii) 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.
Additionally, the child will have to show that they satisfy the following requirements:
● They are under 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;● They are not married, in a civil partnership or leading an independent life;● There is adequate accommodation and maintenance for the child, without relying on public funds.
How can we help applying for a Child Visa?
We will offer you a fixed fee service and we will undertake the following work on your behalf: