The following Immigration Q&A Produced in partnership with Sarah Goodwin of Latitude Law provides comprehensive and up to date legal information covering:
This Q&A assumes that the circumstances are not such that a Zambrano right of residence applies. For further information on this, see Practice Note: Applying to confirm a Zambrano right of residence.
An application for entry clearance as the parent of a British child is governed by paragraph EC-PT.1.1 of Appendix FM of the Immigration Rules. Immigration Rules, Appendix FM, para EC-PT.1.1 includes various requirements which need to be met including certain relationship requirements listed in Immigration Rules, Appendix FM, paras E-ECPT.2.1–E-ECPT.2.4. The parent must be 18 years or over and, under Immigration Rules, Appendix FM, para E-ECPT.2.2 the child must be under 18, living in the UK and a British citizen or settled in the UK.
Immigration Rules, Appendix FM, para E-ECPT.2.3 states as follows:
‘E-ECPT.2.3. Either -(a) the applicant must have sole parental responsibility for the child; or(b) the parent or carer with whom the child normally lives must be-(i) a British Citizen in the UK or settled in the UK;(ii) not the partner of the applicant; and(iii) the applicant must not be eligible to apply for entry clearance as a partner under this Appendix.’
‘E-ECPT.2.3. Either -
(a) the applicant must have sole parental responsibility for the child; or
(b) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant; and
(iii) the applicant must not be eligible to apply for entry clearance as a partner under this Appendix.’
In these circumstances, where the applicant does have a British partner, difficulties might arise when looking at Immigration Rules, Appendix FM, para E-ECPT.2.3(b)(iii) which states that the applicant must not be eligible to apply for entry clearance as a partner under
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