Armstrong Teasdale

This Practice Note provides an overview of the application requirements for entry clearance, limited and indefinite leave as a parent under Appendix FM. It looks at the financial and English language requirements for the five-year route, what a parent needs to show to prove they have a qualifying relationship with a child in the UK and where exceptions on human rights grounds apply for leave on the ten-year route, including under EX.1.

This Practice Note outlines the legal framework for children’s rights in immigration cases, looking in particular at the best interests principle found in the UN Convention on the Rights of the Child and the child welfare duty set out in the Borders, Citizenship and Immigration Act 2009, s 55. It looks at how the welfare of the child can be raised in immigration applications, appeals and judicial review proceedings either on its own or alongside a human rights claim.