How can your overseas children join you to live in the UK if you hold the status of Indefinite Leave to Remain (ILR)?
Although the bond between parents and their children is unbreakable, it can be affected due to geographical distance. Parents may not be able to show the same kind of level of care, love and attention to their children if they are miles away from them. This can negatively impact the attachment that the children have with their parents.
Therefore, under the UK immigration rules, the children of British Parents or parents with Indefinite Leave to Remain settled in the UK can apply to live and stay in the UK with them if the children are overseas. There are various applications that children can make under the Immigration Rules, depending on the personal circumstances of the children and their parents.
Here is a quick overview of the different application options available:
Entry Clearance for ILE (Indefinite Leave to Enter) as Child Under 18
According to the Immigration Rules paragraph 297, ILE in the UK shall be permitted to the child below 18 years if:
- Both parents are settled and present in the United Kingdom.
- Either of the parents is settled and present in the UK while the other one is being admitted on the same occasion for settlement at the time the child is also seeking admission.
- One parent is settled and present in the UK while the other one is dead.
- The parent settled and present in the UK has the sole responsibility for the upbringing of the child.
- One parent is settled and present in the UK or is being admitted for settlement but there are serious family reasons, which make the exclusion of the child undesirable and the arrangements made for the care of the child also suitable.
The evidence that must be provided includes the following:
- The child should be related as claimed.
- The child must be below 18 years.
- The applicant should not be married or be a civil partner.
- The sponsor should have proper maintenance funds and accommodation for the child without the need to use public funds.
Indefinite Leave to Remain Under 18
This is the right option for children if they are under 18 and either both or one parent is present and settled in the United Kingdom or they are being admitted at the same time for settlement. The ILR may also be granted to a child where:
- One parent is settled and the other is dead
- One parent is settled in the UK and they have the sole responsibility for the upbringing of the child.
Moreover, for the ILR to be granted, the other requirements that must be satisfied are that:
- The child must be related as claimed.
- They should be below 18.
- They must have the leave to remain or enter which they were granted with a view to settlement in this category.
- They should be unmarried and not a civil partner or living independently.
- They should not have one or more unspent convictions.
Entry Clearance as Child of a Person Who Has the Permission to Enter or Remain as Parent or Partner
This is visa route is for a child who has limited leave as a partner or parent and is applying for entry clearance or leave. The requirements for the child’s entry include:
- They should be living outside the United Kingdom.
- A valid application should be made as a child for entry clearance.
- The application should meet the suitability Section S-EC criteria.
- The applicant should be able to meet all the Section E-ECC requirements.
To learn about the Section E-ECC requirements and suitability grounds for entry clearance, contact our experienced Indefinite Leave to Remain solicitor UK today. We can also guide you on the eligibility requirements for entry clearance as a child. Some of them include:
- The child should be below 18 at the date of application.
- They should be unmarried.
- They should not have a civil partnership.
- They should not have an independent family unit.
- One of the parents of the child must be in the United Kingdom with limited leave to enter/remain
- They must provide evidence that their parent has:
- Gross annual income of £18,600 or more.
- An additional £3,800 for the first non-EEA child and £2,400 for each non-EEA additional child.
- Specified savings of £16,000 plus additional savings.
It is important to note that when determining whether or not the financial requirement is met, only the following sources are taken in consideration:
- Applicant’s parent’s partner income from specified employment or self-employment in respect of a partner who is returning to the United Kingdom with the child’s parent.
- Pension income of the child’s parent or the partner of the parent.
- Specified maternity allowance if any.
- Other specified income of the child’s parent or parent’s partner.
There are some situations where the individual shall be granted exemption from meeting the requirement of £18,600. These are if the child’s parent’s partner is getting one or more of the following:
- Attendance allowance
- Carer’s allowance
- Severe disablement allowance
If you have any questions or need more information about these and other visa options for children of British parents or parents with ILR, then contact our experienced indefinite leave to remain solicitor UK today. We’ll answer all your queries to complete satisfaction and provide you with quality guidance and assistance with the paperwork needed when applying for a UK visa.