Children applying for indefinite leave under Part 8 and Appendix FM: eligibility tables
Produced in partnership with Jo Renshaw of Turpin & Miller LLP
Children applying for indefinite leave under Part 8 and Appendix FM: eligibility tables

The following Immigration guidance note Produced in partnership with Jo Renshaw of Turpin & Miller LLP provides comprehensive and up to date legal information covering:

  • Children applying for indefinite leave under Part 8 and Appendix FM: eligibility tables
  • ‘Normally lives with’
  • Applications for indefinite leave to enter under Part 8
  • Applications for indefinite leave to remain under Part 8
  • Applicants with last-granted leave under Appendix FM
  • What happens if either the child’s or their parent’s application does not meet the requirements for indefinite leave to remain?

This Practice Note sets out tables of eligibility, based on the Immigration Rules, for applications for indefinite leave to enter (ILE) or indefinite leave to remain (ILR) as the child of a person (or, in some limited cases, a relative of a person) with settled status in the UK. This includes eligibility for applications where the child currently has limited leave to remain as the child of a parent with limited leave to remain as a partner of a settled person (under Part 8 or Appendix FM) and the child and parent are applying for ILR at the same time.

The Immigration Rules, Part 8, paras 297‒300 will apply where both of the child's parents have settled status, where one parent has settled status and the other has died and, in certain circumstances, where one has settled status and the other does not (eg where the settled parent has sole responsibility for the child or where the non-settled parent has limited leave as a partner under Part 8 and is applying for ILR at the same time as the child). The requirements for indefinite leave to enter and ILR are different and are represented in two separate tables below. All applications for indefinite leave to enter under this category will require prior entry clearance. The category remains open and largely unchanged since