Children applying for indefinite leave under Part 8 and Appendix FM: procedure
Children applying for indefinite leave under Part 8 and Appendix FM: procedure

The following Immigration guidance note provides comprehensive and up to date legal information covering:

  • Children applying for indefinite leave under Part 8 and Appendix FM: procedure
  • GOV.UK information pages on applications
  • Application procedure for entry clearance
  • Application procedure for indefinite leave to remain
  • Advice on grant
  • Challenging refusals

A child may be eligible to apply for indefinite leave to enter or remain under Part 8 or Appendix FM where:

  1. both parents have settled status in the UK, or one parent has settled status and the other is applying for indefinite leave to remain at the same time as the child

  2. one parent has settled status and the other is dead

  3. one parent has settled status and has had sole responsibility for the child's upbringing

  4. the child is applying for indefinite leave to remain, one parent has settled status and the child normally lives with that parent and not their other parent, or

  5. one parent or relative has settled status, there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care

If one of the child's parents has been granted or is applying for limited leave as the spouse, civil partner or unmarried partner of a settled person, then the child will need to obtain limited leave in line with the non-settled parent. This is the case even if their other parent has settled status. Once the non-settled parent is eligible to apply for indefinite leave to remain (ILR), the child can apply for ILR at the same time. The requirements for limited leave to enter