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Entry Clearance Applications (Immigration) for Children

Stephanie Heijdra • May 29, 2019

 

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There are various routes for children to enter the UK under Part 8 of the Immigration Rules, this differs from Appendix FM.

 

Visa applications for children, where the parents (or one parent in some circumstances,) are entering the UK under Appendix FM themselves or have already entered and are living in the UK under Appendix FM, Appendix FM is used for the child’s application.

 

Examples of rules relevant to application from children whose parents are not entering or are already in the UK under Appendix FM, and where the parents have some other form of leave to remain;

 

 Rules 309A-316A: for children who are either already adopted by a person with leave to remain in the UK, or is going to be adopted by a prospective parent
 Rules 304-309: these rules are for children born in the United Kingdom who are not British citizens
 Rule 303A: requirements for limited leave to enter the United Kingdom as the child of a fiancé(e) or proposed civil partner
 Rule 301: the rules for children joining a parent or parents with limited leave to enter or remain in the UK with a view to settlement
 Rule 297: the route for children making application to join a parent who is present and settled or being admitted for settlement in the United Kingdom
 Rules 319F-319H: for those children accompanying or joining a parent who has leave to remain as a Points Based System migrant

 

I shall now consider the routes for children under Appendix FM some of which comes from Part 8.

 

The appropriate application should be made under this rule. The applicant is expected to meet the eligibility and suitability requirements as outlined on Appendix FM of the Immigration Rules- (and under Family life as child of person with limited leave as partner or parent). Although children rarely have issues with the suitability requirement (for instance, criminal records or bad character). The applicant is also required to show that the parents meets the financial requirement shown in E-ECC.2.1.- E-ECC.2.4) and to meet the minimum income requirement and accommodation requirement- that is, the property to accommodate the applicant should not be overcrowded.

 

Eligibility Requirement

 

The general requirements are as follows:

 

EC-C.1.1. The requirements to be met for entry clearance as a child are that-

 

(a) the applicant must be outside the UK;

 

(b) the applicant must have made a valid application for entry clearance as a child;

 

(c) the applicant must not fall for refusal under any of the grounds in Section S-EC: Suitability for entry clearance; and

 

(d) the applicant must meet all of the requirements of Section E-ECC: Eligibility for entry clearance as a child.

 

The more specific eligibility criteria are then set out:

 

E-ECC.1.1. To meet the eligibility requirements for entry clearance as a child all of the requirements of paragraphs E-ECC.1.2. to 2.4. must be met.

 

Relationship requirements

 

E-ECC.1.2. The applicant must be under the age of 18 at the date of application.

 

E-ECC.1.3. The applicant must not be married or in a civil partnership.

 

E-ECC.1.4. The applicant must not have formed an independent family unit.

 

E-ECC.1.5. The applicant must not be leading an independent life.

 

E-ECC.1.6. One of the applicant’s parents must be in the UK with limited leave to enter or remain, or be being granted, or have been granted, entry clearance, as a partner or a parent under this Appendix (referred to in this section as the “applicant’s parent”), and

 

(a) the applicant’s parent’s partner under Appendix FM is also a parent of the applicant; or

 

(b) the applicant’s parent has had and continues to have sole responsibility for the child’s upbringing; or

 

(c) 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.

 

Relationship requirement

 

Section E-ECC.1.6. requires that one of the child’s parents is either applying for an Appendix FM visa from abroad, or already has one in the UK. In addition to this, either

 

1. The child’s parent’s partner must also be the parent of the child who is applying

 

2. There must be serious and compelling family or other considerations which make exclusion of the child undesirable or

 

3. The child’s parent (the parent whom the child is applying to join, or who is applying and will be traveling with) must have has sole responsibility for the child’s upbringing;

 

There are various legal interpretation of these phrases as shown in the court’s interpretations of this. However, this shall be discussed in another of my writing and we are able to assist child applicants with matters of entry clearance, leave to remain and other Immigration application relating to children.

 

https://www.gov.uk/…/immigration-rules-part-8-family-members

 

At Winvolved Consultancy Ltd, we can represent you for your private life matters, family Immigration, Point Based System, Permanent Residence, Spouse/Partner Visas, Family Visas, Based System, Indefinite Leave to Remain/Settlement applications, Naturalisation, or if you need any other advice on Immigration, please contact us via 03332244822 or our website.

 

Aberdeen ¦ Belfast ¦ Edinburgh ¦ Glasgow ¦ Liverpool ¦ London ¦ Manchester

 

 # UKImmigration # ImmigrationUK # Winvolvedvisa # Winvolved # Immigration # Spousevisa # Partnervisa # Naturalisation # Settlement # Permanentresidence # IndefiniteLeavetoRemain # brexit

 


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