This Practice Note provides guidance on the circumstances in which children may be made parties to public law proceedings and deals with the procedure for the appointment of a children's guardian and solicitor as well as the guardian's role and potential conflict of interest scenarios. It also sets out the position where the court may depart from a guardian's recommendation and where a solicitor may act for a child in the absence of a guardian, including where the child is not able to give instructions. The general rule in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 16.2 is that a court may make a child a party to family proceedings where it considers it is in the best interests of the child to do so, with the following exceptions: • in ‘specified proceedings’, as defined by section 41(6) of the Children Act 1989 (ChA 1989), where the party status of the child will be automatic—see: Specified proceedings, and • in proceedings to which FPR 2010, SI 2010/2955, Pt 14 applies, ie applications in

Note that the information in this Practice Note relates to the current law in England. The law in Wales in this area is covered by the Social Services and Well-being (Wales) Act 2014 and the related statutory instruments. General duties of the local authority Safeguarding partners for a local authority area namely: • the local authority • integrated care boards, any part of which falls within the local authority area, and • the chief officer of police for a police area, any part of which falls within the local authority area are required to make arrangements for themselves and relevant agencies to work together in exercising their functions for the purpose of safeguarding and promoting the welfare of children in the area. All partners and agencies as specified in the Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018, SI 2018/789 (broadly education and childcare, health and social care providers, housing, health, criminal justice and police) should be aware of, and comply with, the published arrangements set out by the local safeguarding partners and

[Insert your current residential address] Entry Clearance Officer [Insert address of decision-making centre to which the application is being sent] [Insert date] Dear [insert organisation name] Letter in support of entry clearance application of [insert name(s) of child(ren), nationality(ies) and date(s) of birth] I am a [insert nationality] national and am the [state the relationship to the child(ren)] of [insert name of child(ren)]. [ [I am applying for entry clearance as the partner of [insert name of sponsoring partner] and intend to live in the UK following the approval of my and [insert name of child(ren)]’s

[Insert your current residential address] Entry Clearance Officer [Insert address of decision-making centre to which the application is being sent] [Insert date] Dear [insert organisation name] Letter in support of entry clearance application of [insert name of applicant child(ren), nationality(ies) and date(s) of birth] I [am a British citizen OR have indefinite leave to remain in the UK OR have protection status in the UK OR have humanitarian protection in the UK OR have permission as a stateless person OR pre-settled status under Appendix EU other than than as a ‘joining family member’ or family member of a qualifying British citizen] and am the [[spouse OR civil partner OR unmarried partner]] of [insert name of applicant partner]. My date of birth is [insert

You have now been granted limited leave to remain in the UK until [insert date] as the child of a parent with limited leave as a partner under Appendix FM. This information sheet outlines some of the key conditions of your stay in the UK, as well as your responsibilities to the Home Office. It is important that you understand these conditions. Please do not hesitate to contact us if you have any queries. Please note that while the information below is correct as at today’s date, UK immigration law is subject to regular change. Accessing your eVisa Your leave to remain (visa to stay in the UK) will be valid until [insert end date] and is issued in digital format (also known as an ‘eVisa’). [If you do not already have a UK Visas & Immigration (UKVI) online account, you will need to go to the Home Office’s Get access to your eVisa page on GOV.UK. You

[Insert your current residential address] [Insert Home Office address where application is being sent] [Insert date] Dear [insert organisation name] Letter of support of leave to remain application of [insert name of child(ren), nationalit(ies) and date(s) of birth] I am a [insert the nationality of the applicant parent] national and am the [state the relationship to the child(ren)] of [insert name(s) of child(ren)]. I am currently resident in the UK and am applying for leave to remain as the partner of [insert name of sponsoring partner] at the same time as [insert name(s) of child(ren)]. [In

[Insert your current residential address] [Insert Home Office address where application is being sent] [Insert date] Dear [insert organisation name] Letter of support of leave to remain application of [insert name of child(ren), nationalit(ies) and date(s) of birth] I [am a British citizen OR have indefinite leave to remain in the UK OR have protection status OR have humanitarian protection OR have permission as a stateless person OR have pre-settled status under Appendix EU other than than as a ‘joining family member’ or family member of a qualifying British citizen] and am the [spouse OR civil partner OR unmarried partner] of [insert name of applicant partner]. My date of birth

FORTHCOMING DEVELOPMENTS: On 4 December 2023, the previous Conservative Home Secretary, James Cleverly MP, announced a series of measures with the intention of reducing legal migration to the UK. The measures included, in relation to 'five-year route' Appendix FM applications, the increase of the standard required minimum income threshold from £18,600 to £29,000 for initial applications in Spring 2024. This rise was introduced via changes to the Immigration Rules, from 11 April 2024. There were then to be two additional rises in due course, but the Labour Home Secretary Yvette Cooper MP commissioned the Migration Advisory Committee to review these financial requirements and their review has been published. An updated financial requirement is due to be announced in due course. For further information, see Practice Note: Immigration calendar. This Practice Note sets out tables of eligibility requirements for applications for entry clearance under Appendix FM and Part 8 of the Immigration Rules as the child of a parent who has been granted limited leave

FORTHCOMING DEVELOPMENTS: On 4 December 2023, the previous Conservative Home Secretary, James Cleverly MP, announced a series of measures with the intention of reducing legal migration to the UK. The measures included, in relation to 'five-year route' Appendix FM applications, the increase of the standard required minimum income threshold from £18,600 to £29,000 for initial applications in Spring 2024. This rise was introduced via changes to the Immigration Rules, from 11 April 2024. There were then to be two additional rises in due course, but the new Labour Home Secretary Yvette Cooper MP commissioned the Migration Advisory Committee to review these financial requirements. Their report has been published and a further announcement on the financial requirement is expected in due course. For further information, see Practice Note: Immigration calendar. This Practice Note sets out tables of eligibility requirements for applications for leave to remain as the child of a parent who is applying for or has been granted limited leave as a partner under

This Practice Note outlines the procedural requirements for an application for entry clearance or leave to remain as the child of a parent applying for or already granted limited leave as a partner under Part 8 or Appendix FM. See Practice Note: Children applying for indefinite leave under Part 8 and Appendix FM: procedure for information on the procedural requirements for children applying for indefinite leave to enter or remain under Part 8 and Appendix FM. GOV.UK information pages on applications in this category The GOV.UK pages for this immigration route intend to provide a straightforward summary of the key facts about eligibility, procedure and fees. However these pages should be treated with a degree of caution, because in some places eligibility requirements are not mentioned or are expressed in a way that could be misleading. For information on the rules that apply to applications for children of a parent with limited leave as a partner, see Practice Notes: Children of a parent with limited leave as a

This Practice Note looks at key considerations in relation to applications by dependent children of persons in work, investment and study routes. There is provision for dependent partners and children in the majority of these routes. The main exceptions are the Youth Mobility Scheme, which has no provision for dependants at all, and the Student, Graduate and Skilled Worker routes, , which have certain restrictions. For the position in those routes, see Practice Notes: Applying under the Skilled Worker route — Dependants, Applying under the Graduate route and Student: eligibility — Dependants. Prior to their simplification, the Rules covering dependent partners and children in these routes were found in Part 8 of the Immigration Rules (for dependants of relevant Points-Based System migrants and Appendix W workers), or Part 5 (for dependants of persons in other economic routes, in particular UK Ancestry and Representative of an Overseas Business). For the archived version of our Practice Note covering dependent children of PBS and Appendix W migrants, which covered the relevant law prior to simplification,

The meaning of key terms in the Immigration Rules in relation to eligibility This Practice Note considers the following key terms used in the Immigration Rules in relation to eligibility for applications by children under Part 8, paras 296–316F, and Appendix FM, Family life as a child of a parent with limited leave as a partner or parent: • parent • under 18 • unmarried, not leading an independent life and not having formed an independent family unit, and • 'present and settled' and 'being admitted for settlement'—note that these definitions relate only to applications by children of settled persons under Part 8 of the Immigration Rules and are not referred to in Appendix FM Relevant evidence and common pitfalls are discussed in this Practice Note, however it should be read in conjunction with the following Practice Notes as relevant: • Children applying for indefinite leave under Part 8 and Appendix fm: eligibility tables • Children of a parent with limited leave as a partner: entry clearance—eligibility tables • Children