Parents

Under the Immigration Rules, the parent of a child may apply to join or remain with them in the UK, where the child is a:

  1. British citizen

  2. settled person

  3. EEA or Swiss national in the UK with limited leave granted under the Immigration Rules, Appendix EU other than as a ‘joining family member’ or family member of a qualifying British citizen, or

  4. child who has lived continuously in the UK for seven years (for in-country parent applications only)

The provisions of the Rules on parents cover cases where:

  1. the applicant parent has sole parental responsibility for the child, or

  2. the child normally lives with one parent and their other parent is British, settled or holds pre-settled status other than as a ‘joining family member’ or family member of a qualifying British citizen

In cases where the child lives with another parent or guardian, the applicant parent must provide evidence that they have in-person contact with the child.

If the applicant parent is the partner of the child’s other parent or if the applicant parent is eligible to apply under

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Lords Committee criticises lack of advance information on immigration policy changes

The House of Lords Secondary Legislation Scrutiny Committee has criticised the Home Office for failing to provide sufficient information in support of measures set out in its latest Statement of Changes in Immigration Rules HC 977, which sets out significant changes to immigration policy. The Statement tightens the Skilled Worker visa route by removing care workers/senior care workers from the list of occupations eligible to recruit migrant workers form overseas and tightens conditions for granting Skilled Worker visas—affecting around 180 occupations (which could lead to a 40 drop in grants). The Committee highlighted the lack of consultation and the absence of an impact assessment, which it says severely undermines parliamentary scrutiny. It called for the impact assessment to be published before the end of the current summer recess. The Statement also closes two schemes which assisted Afghans who supported UK operations and aims in Afghanistan, including through resettlement. A submission to the Committee argued this would permanently abandon people in need, especially in light of a 2022 data breach recently revealed through the lifting of a superinjunction. The Home Office responded that most eligible applicants had already applied and that 95% of current applications were found ineligible. The report states that the Committee had previously repeatedly requested the Home Office to provide sufficient information when laying new legislation with potentially significant consequences, but ‘despite acknowledging this to be correct practice’ it had failed to do so again. It includes a link to detailed submissions sent to the Committee by the Work Rights Centre, the Immigration Law Practitioners’ Association and the Home Office.

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