Children

A child can apply to join or travel with his or her parents or, in some cases with a different relative.  If the child is applying to join either both parents in the UK or where there is only one surviving parent who lives in the UK applications are relatively straightforward.

Where one of the parents is alive and outside the UK and the child is applying to join the parent in the UK, applications are not so straightforward. The UK-based parent must show he or she has had ‘sole responsibility’ for the child, or demonstrate that not admitting the child to the UK would be undesirable because of serious and compelling family or other circumstances.

As with other types of immigration application, the maintenance and accommodation rules must be satisfied, that is there should be no recourse to public funds.

A child can also apply to join another relative, if it can be shown (as above) that not admitting the child to the UK would be undesirable because of serious and compelling family or other circumstances. There is no definition of how close the relative must be.

Children of temporary visa holders (for example students or Tier 2 migrants) are allowed to join their parents in the UK in the same sorts of circumstances outlined above. Where all surviving parents have been granted leave to remain in the UK, the application is relatively straightforward, subject to adequate maintenance and accommodation.  Where one parent remains outside the UK, one of the sole responsibility or serious and compelling family or other considerations tests must be satisfied. The visa granted to the child will be for the same duration as for that of the parent or parents.

For further advice contact our immigration team.