Q&As

When an applicant has leave under Appendix FM of the Immigration Rules and their relationship with the British sponsor is breaking down, how can they protect their position and evidence an active role in their child’s life if the sponsoring partner is making an application for the child’s indefinite leave to remain after five years? What are the difficulties with making a leave to remain application on the basis of their relationship with a child and would the position change if the child is over the age of 18 (at the time of making the application)?

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Produced in partnership with Gary McIndoe of Latitude Law
Published on LexisPSL on 25/03/2019

The following Immigration Q&A Produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:

  • When an applicant has leave under Appendix FM of the Immigration Rules and their relationship with the British sponsor is breaking down, how can they protect their position and evidence an active role in their child’s life if the sponsoring partner is making an application for the child’s indefinite leave to remain after five years? What are the difficulties with making a leave to remain application on the basis of their relationship with a child and would the position change if the child is over the age of 18 (at the time of making the application)?

It has been assumed, for the purpose of this Q&A, that the child in question is not the child of the British sponsor. If it were, it would, in the vast majority of cases, also be British, or have the option of registering as such under the British Nationality Act 1981. In this scenario, the applicant’s child would only be eligible to apply for indefinite leave to remain under Immigration Rules, Part 8, as Immigration Rules, Appendix FM only allows a child to apply for limited leave to remain.

The applicant in these circumstances appears to be prevented from applying for indefinite leave to remain in the partner route. They would only have the option to apply for leave as a parent if they have a British, settled or otherwise qualifying, child. If that were the case, evidence of the breakdown of their relationship in the form of a decree nisi or absolute, court documents relating to the children, and witness statements from the British partner should be sought.

For an applicant to be granted leave to rema

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