Children of a parent with limited leave as a partner: leave to remain—eligibility tables
Produced in partnership with Jo Renshaw of Turpin Miller
Children of a parent with limited leave as a partner: leave to remain—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 of a parent with limited leave as a partner: leave to remain—eligibility tables
  • Which Rules apply?
  • Applications under Appendix FM
  • Switching
  • Age of child
  • ‘Normally lives with’
  • Eligibility—Appendix FM
  • Immigration Rules, Appendix FM, Family life as a child of a parent with limited leave as a partner, Section LTR-C
  • Ten-year route
  • Duration and conditions of leave—decision
  • More...

This Practice Note sets out tables of eligibility requirements for applications for leave to remain as the child of a parent who is applying for or has been granted limited leave as a partner under the Immigration Rules, Part 8 or the Immigration Rules, Appendix FM.

Note that children of sponsors who are serving or discharged members of the armed forces may also be eligible to apply under the Immigration Rules, Appendix Armed Forces. Applications under Appendix Armed Forces are outside the scope of Lexis PSL®Immigration.

Which Rules apply?

Whether the application is made under Appendix FM or Part 8 depends on when the child's parent applied for limited leave as a partner.

If the parent applied for limited leave to enter or remain before 9 July 2012 and that application was granted, the child’s application must meet the requirements of Immigration Rules, Part 8, paras 301–303. As such, in practice this is likely only to apply to a very limited and dwindling number of applicants. These may include a child who is born in the UK to a parent with limited leave under Part 8, or a child whose parent is having to apply for an extension of stay under Part 8 because they do not meet all of the requirements for indefinite leave to remain.

If the parent's last grant of leave followed an initial application for

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