Q&As

For the purposes of a child’s settlement application under the Immigration Rules, Part 8, para 298, is there any guidance or case law on the meaning of ‘normally lives with’ their parent at para 298(c), in particular on whether there is a minimum time requirement?

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Produced in partnership with Sam Jubb of Latitude Law
Published on LexisPSL on 03/12/2018

The following Immigration Q&A produced in partnership with Sam Jubb of Latitude Law provides comprehensive and up to date legal information covering:

  • For the purposes of a child’s settlement application under the Immigration Rules, Part 8, para 298, is there any guidance or case law on the meaning of ‘normally lives with’ their parent at para 298(c), in particular on whether there is a minimum time requirement?

For the purposes of a child’s settlement application under the Immigration Rules, Part 8, para 298, is there any guidance or case law on the meaning of ‘normally lives with’ their parent at para 298(c), in particular on whether there is a minimum time requirement?

In order to secure indefinite leave to remain, amongst other requirements, a child must comply with the Immigration Rules, Part 8, para 298(c), which states as follows:

‘(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent;’

Originally, the Immigration Rules, Part 8, para 298(c) only concerned whether a parent had sole responsibility of the child, but the provision was amended on 13 December 2013, allowing the requirement to be satisfied if the parent could prove that the child ‘normally lives with’ them. Therefore, if a parent of a child can demonstrate that the child normally lives with them and not their other parent, the above requirement can be satisfied and the child should be permitted to remain with them in the UK.

The Home Office has not published any guidance in relation to what must be satisfied in order to demonstrate that a child normally lives with one parent and not the other under the Immigration Rules, Part 8,

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