Children

This topic looks at certain applications made by children under the Immigration Rules, Part 8 and the Immigration Rules, Appendix FM. It covers:

  1. applications for indefinite leave to enter or remain by children:

    1. whose parents both have settled status (or where one parent has limited leave as a partner under Part 8 or Appendix FM and is applying for settlement at the same time as their child), or

    2. who have one parent with settled status and no other parent who has or will be applying for limited leave as a partner (in the various specified situations where this is permitted), and

  2. applications for limited leave to enter or remain by the children of persons granted (or being granted) limited leave as the partner of a person with settled status

For the purpose of this overview, ‘person with settled status’ includes British citizens and the other limited categories of person who can sponsor children under Part 8 and Appendix FM.

This topic does not cover applications made under other immigration routes. For information on these applications, see Practice Note: Children of work, investment

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PHSO calls for improvements on handling of Windrush Compensation Scheme claims

The Parliamentary and Health Service Ombudsman (PHSO) has published findings from a recent investigation into the Windrush Compensation Scheme, following a complaint from Thomas Tobierre, 71, and his daughter Charlotte, 41, regarding the handling of their case. The PHSO found that Mr. Tobierre’s claim was not properly processed and that the scheme did not adequately assess the impact of excluding private pension losses. Mr. Tobierre came to the UK from St Lucia at seven years old in 1960 and married his wife Caroline, a British citizen, in 1975. In June 2017 Mr. Tobierre was made redundant at work after over 40 years of service. He was then unable to find employment as he could not prove his right to work and reside in the UK and was forced to live on his savings and cash in his private pension worth around £14,000. In light of the Windrush Scandal, Mr. Tobierre was granted the right to work and live in the UK and he returned to work in 2018, however, his wife Caroline was diagnosed with late stage cancer and a brain tumour a few weeks after this. Mr. Tobierre made a claim to the Windrush Scheme in July 2019 for the loss of earnings, pension and the impact this had on his life. After multiple reviews, which include the Home Office refusing to compensate for the loss of private pension, he accepted the revised offer in January 2021. Mrs. Tobierre applied in August 2021 to the Windrush Scheme compensation for financial hardship and disruption to family life caused by the restrictions imposed on her husband. Her application, which was done at a time when she only had six months to live, was expedited for her to settle her affairs which included funeral arrangements. Mrs. Tobierre passed away in November 2021 before her claim was resolved and Mr. Tobierre accepted a revised compensation offer on her behalf a month later. Following her death, the Windrush Scheme contacted the family requesting detailed financial information for an urgent funeral payment, which the PHSO notes caused unnecessary and avoidable stress.

Government announces limited pathways for entry from Gaza

The government has announced the creation of two narrowly defined pathways for individuals in Gaza to enter the UK. In light of the humanitarian crisis in Gaza, the Medical Evacuations and Gaza Full Scholarship routes have been put in place in to provide immediate support for certain groups. Firstly, the Medical Evacuation route allows for the medical evacuation of a limited number of severely ill or injured children who will be admitted to the UK to receive specialist treatment within NHS hospitals. Under this route, immediate family members, namely parents and siblings under the age of 18, will be allowed to accompany the child. Where both parents are deceased, a legal guardian or responsible adult may be permitted to accompany the child. All such evacuations will take place exclusively through the WHO-supported process, and no direct applications will be considered outside this framework. The Gaza Full Scholarships route involves the government facilitating departure for Gazan students who received Chevening scholarships but are otherwise unable to travel. This will allow them to take up their places at UK universities for the 2025–26 academic year. The Gaza Full Scholarship route is also being made available for fully funded students who are supported by an established sponsor that is able to fund both their tuition fees and living costs. Entry via both routes remains contingent on appropriate security checks and the submission of biometric data prior to travel. For further information on these routes, the Home Office’s new Gaza process caseworker guidance should be consulted. A new policy paper on the Full Scholarships routes has also been issued. In addition, the government will continue to provide consular support to British nationals, their dependants, and others eligible to leave Gaza, in line with its Occupied Palestinian Territories Travel Advice.

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