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

The following Immigration practice note produced in partnership with Jo Renshaw of Turpin Miller 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?
  • Part 8 applicants—further limited leave to remain under Part 8 transitional provisions
  • Part 8 applicants—further limited leave to remain as a child under para 298A
  • Article 8 ECHR/exceptional circumstances and private life

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

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

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,

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