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Children entering UK for Immediate settlement

  • A Child under age 18 can apply for entry clearance to join his/her parent who is settled in the UK or has British nationality
  • A child must not be living an independent life or married
  • A parent who is in the UK must demonstrate he/she has ‘sole responsibility’ of the child, or
  • If parent cannot meet the ‘Sole responsibility’ requirement, they may satisfy that there is a ‘serious compelling reasons’ to grant the application
  • A parent can be a biological parent, step-father, step-mother, adopted parent i.e. legally adopted parent through a recognised adopted
  • It is possible for a ‘relative’ to be the sponsor
  • This route is available only outside of the UK – cannot apply when child in already in the UK – See British naturalisation route if one parent is settled or has British nationality
  • There is no English language requirement for the child
  • There is no IHS charge
  • Leave granted is five year settlement

Parent of a child settled in the UK

  • A parent can apply for settlement based on:
    • Sole responsibility
    • access rights to the child
    • the child is British citizen and living in the UK
  • The application can be made within the UK as well as outside, i.e. entry clearance
  • The applicant must meet the eligibility requirements:
    • Relationship requirements – genuine parent child relationship
    • Financial requirements – ability to maintenance him/herself without recourse to public funds
    • Accommodation requirements – ability to maintain him/herself without recourse to public funds
    • English language: CEFR A1 – same as spouse visa entry clearance
    • Leave is granted for 33 months subject to condition ‘ no recourse to public funds’
    • extension available for 30 months
    • After completing five years apply for settlement
    • IHS charge to be paid
    • TB test

Adult Dependent Relatives entering for immediate settlement:

  • Applicant can join a family member in the UK who is:
    • A British national in the UK
    • A settled person in the UK
    • A person in the UK with refugee or humanitarian protection
  • The Applicant must demonstrate that as a result of the following, they require long-term personal care:
    • Age
    • Illness, or
    • Disability
  • The Applicant’s qualifying relative in the UK is known as the ‘Sponsor’
  • Not all relatives can apply, only the following:
    • Sponsor’s parents
    • Sponsor’s brothers
    • Sponsor’s sisters
    • All must be over 18
  • The applicant is an entry clearance one only – application cannot be made within the UK
  • Eligibility Requirements:
    • Relationship requirements : must be ‘relative’ and over 18, as above
    • Care needs requirements:
    • Care is not available in the country and there is no person in that country who can reasonably provide it, or
    • It is not affordable.
    • Financial requirements: Sponsor must demonstrate they can adequately maintain their relative without recourse to public funds
    • Accommodation requirements: Sponsor must demonstrate they can adequately accommodate their relative without recourse to public funds.
  • Indefinite leave to enter will be granted if applicant meets all the requirements
  • There is no IHS charge
  • There is no English language requirement

Point Based System (PBS) Dependants

  • Main PBS applicants can bring their family members in the UK, Spouse, unmarried Partner and children under age 18
  • PBS Dependents will need to show that their relationship is genuine and subsisting with the PBS Applicant
  • PBS Dependents must meet the maintenance requirement without recourse to public funds
  • PBS Dependents must be able to accommodate themselves
  • PBS Dependents must pay IHS
  • PBS Dependents must had TB testing
  • There is a language requirement for partners, spouses , children are exempt
  • Switching into this category within the UK can be made.