Chapter 17: Family Life as a Child of a Person with Limited Leave
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What does this section of the Immigration Rules address?
This provision focuses on the Article 8 rights of children residing in the UK whose parents have limited leave as partners or parents.
A child may be granted leave to remain even if they don’t meet all standard Immigration Rules, if refusal would breach Article 8 ECHR
Discretion can be exercised to grant leave if refusal would unjustifiably interfere with a child’s right to family or private life under Article 8.
Which of the following is considered when assessing a child’s family life application?
Key factors include the child’s residence duration and whether a parent has British citizenship or settled status in the UK.
Is the best interests of the child a primary consideration in assessing leave to remain applications involving children?
In line with section 55 of the Borders, Citizenship and Immigration Act 2009, the child’s best interests must be treated as a primary consideration.
Karim, aged 9, has lived in the UK for 7 years and attends school. His parents have limited leave. What strengthens Karim’s case for leave?
A child who has resided in the UK for 7 continuous years may qualify if it is unreasonable to expect them to leave the UK.
What does the phrase 'unreasonable to expect the child to leave the UK' relate to?
The ‘unreasonableness’ test examines whether expecting the child to leave the UK would be disproportionate in light of their ties and best interests.
Both parents of the child must have British citizenship for the child to qualify for leave under this route.
It is sufficient if one parent has British citizenship or settled status; the child’s own circumstances and ties to the UK are also key.
Can a child who was born in the UK but whose parents have limited leave qualify under this route?
Children born in the UK may qualify based on their residence, the immigration status of parents, and their best interests under Article 8.
Maria, aged 6, has always lived in the UK with her mother, who has limited leave. They have no other family abroad. What strengthens her case?
Strong ties to the UK including school attendance and lack of alternatives abroad may support the argument that removal would be unreasonable.
Which legal provision requires decision-makers to consider a child’s best interests?
Section 55 legally requires immigration officers to consider the best interests of children in all immigration decisions.
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