If both the parents of a child under 18 living outside the UK are present and settled in the UK (i.e. they have either indefinite leave to remain or British citizenship) the child may be able to apply for a child settlement visa to join his/her parent (s) for indefinite leave in the UK. If only one parent is present and settled in the UK it still may be possible to apply for a child settlement visa, depending on the circumstances. The sponsor parent will have to prove that he/she has the sole responsibility for the child’s welfare and support.
It is important to note that sole responsibility is not just financial, the sponsor parent must be able to show that he/she makes all the important decisions of child’s life including but not limited to his/her education, religion, health, schooling etc. The sponsor parent will also have to show the regular contact and that they maintain defacto control.
Finances and adequate accommodation:
The sponsor parent must also be able to show that he/she has sufficient financial means to support and accommodate the child in the UK without recourse to public funds.
Almost half of clients come to us at the appeal stage i.e. after the refusal. The main causes of refusal are two-fold:
This is a complex area of UK immigration because unless the application was properly documented with a detailed cover letter explaining the supporting evidence, the Entry Clearance Officers seem keen to refuse such applications. At Immigration Solicitors 4me we encourage the individuals making such applications, to seek a prior legal advice to avoid disappointment especially when the current appeal backlog can delay an appeal being listed for hearing at immigration tribunal to , more than 48 weeks.