Applying for entry clearance from abroad:

We may be able to apply for entry clearance for a child to settle in the UK, if at least one of their parents has indefinite leave to remain or settled status or for leave to enter, if applying to join a parent or the parent is already in the UK with limited leave to remain. 

To be eligible, the child must be under 18, must not be married, in a civil partnership or living an independent life, must be financially supported and accommodated by the sponsoring parent without claiming public funds and must either be joining a parent that is applying or be the sole responsibility of the parent sponsoring the child.

There may also be other serious and compelling circumstances when it will make exclusion undesirable and thus may make a child eligible to apply.

Applying for leave to remain whilst in the UK: 

For children born in the UK to parents with limited leave, we can apply separately for the child to get leave to remain or add the child as a dependent to the parent’s application when they next apply.

We may also be able to apply for a child who has been in the UK for at least 7 years, even if the parent has no leave to remain the UK, based on the child having spent a certain amount of its formative years in the UK and if it would be unreasonable to expect the child to leave the UK. 

Whether removal with the parents, when the parents have no entitlement to stay themselves, is reasonable, is a much litigated subject and may require expert immigration advice from our team.

How we can help?

Our team of specialist immigration lawyers have many years experience of dealing with applications for children, whether from abroad or in country and in particular complex situations, such as de facto adopted children, children under guardianship orders, children born from surrogacy or children in Local Authority care.

Contact us today on 0808 166 8831 or email a.minnaar@sydneymitchell.co.uk or m.southall@sydneymitchell.co.uk alternatively complete our online enquiry form.

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