The UK have provisions for children who are not British and under 18 years old, to enter and remain in the UK with their parents here.
The initial threshold they need to demonstrate is that the child’s parents are either British or have permanent settlement status in the UK. Often is the case where both parents are travelling to the UK to reside permanently here, or in rarer circumstances, only one parent is alive to come settle in the UK.
From our experience in this category, we have noted that the single most prevailing reason for refusal is when one of the parents are still in their home country, and only one of them are in the UK. In such circumstances, the parent who wishes for their child to join them in the UK will need to demonstrate they have sole responsibility of the child, and that the other parent abroad will not have any influence in the upbringing of the child.
Demonstrating sole responsibility is often a complicated matter and is often the pivotal point in such applications. The threshold for show this responsibility is very high and in essence, applicants will need to prove that the other parent will not have any day-to-day contact with the child and that they will not make any important, long-term decisions in relation to the child, for example, which school they will attend, where they can go on holiday etc.
These decisions can include:
1. The location of the child’s schooling;
2. Where the child lives;
3. Decisions on whether the child is allowed to travel on holiday or on school trips;
4. What religious occasions of the child will observe and;
5. To ensure that the child schooling is undertaken correctly, including checking reports etc
6. There is usually a financial aspect of the case also, who is paying for the child’s upkeep.
As well as ensuring the above requirements are met, the child should not be leading an independent life, both financially and in terms of a separate family unit themselves.
The parent(s) in the UK should also demonstrate the can support the child in terms of financially and accommodation without recourse to public funds.
For further information or assistance, please contact us to go through the process in further detail.
Please contact our leading immigration lawyers for further assistance
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0207 1184 546
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