Q&As

Can a child now, or at any time in the past, be granted indefinite leave to enter the UK where they are the child of a settled parent and they are applying alongside a parent who is applying for limited leave to enter as a partner?

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Published on LexisPSL on 06/07/2018

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Can a child now, or at any time in the past, be granted indefinite leave to enter the UK where they are the child of a settled parent and they are applying alongside a parent who is applying for limited leave to enter as a partner?
  • The Rules prior to 9 July 2012
  • The Immigration Rules from 9 July 2012
  • Conclusion

On 9 July 2012, the Immigration Rules for partners and children changed dramatically due to the introduction of Appendix FM (Immigration Rules, Appendix FM) which replaced much of Part 8 of the Rules. However, the Immigration Rules surrounding children remained largely untouched.

The Rules prior to 9 July 2012

In order to fully respond to the query, it is first necessary to assess the Immigration Rules as they were prior to 9 July 2012. Prior to this date, a child applying for entry clearance could apply either under Immigration Rules, Part 8, paras 297 or 301.

Paragraph 297 allows for a child to be granted indefinite leave to enter the UK in certain circumstances. It states as follows:

‘297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:

(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:

(a) both parents are present and settled in the United Kingdom; or

(b) both parents are being admitted on the same occasion for settlement; or

(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or

(d) one

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