Sole responsibility and exclusion undesirable
Produced in partnership with Francis Allen of Goldsmith Chambers and Katie Dilger
Sole responsibility and exclusion undesirable

The following Immigration practice note produced in partnership with Francis Allen of Goldsmith Chambers and Katie Dilger provides comprehensive and up to date legal information covering:

  • Sole responsibility and exclusion undesirable
  • Sole responsibility
  • Establishing that a parent has sole responsibility
  • Factors considered by the Home Office when interpreting the test
  • Judicial interpretation of the test
  • Sole responsibility between multiple parties
  • Duration of sole responsibility
  • Legal responsibility and sole responsibility
  • Financial support
  • Demonstrating sole responsibility
  • More...

Sole responsibility and exclusion undesirable

The following alternative requirements apply to numerous applications under the Immigration Rules that involve children:

  1. sole responsibility, and

  2. 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.

These provisions are generally only relevant where a child will be residing with just one parent in the UK following the grant of leave (unless the other parent is dead) or, in the case of serious and compelling considerations, where a child is joining one parent or a non-parent relative.

The Immigration Rules, Part 8, para 297 (as amended) provides an example:

'The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:

(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:

(a) both parents are present and settled in the United Kingdom; or

(b) both parents are being admitted on the same occasion for settlement; or

(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or

(d) one parent is present and settled in the United Kingdom or

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