Sole Responsibility (Children)

There are various provisions under the UK’s Immigration Rules whereby children can be considered for entry to the UK either for immediate settlement or with a view to settlement. This route is for children wishing to join or accompany their parent or parents who are either present or settled in the UK or who will be admitted for settled. The route is also available for children who are accompanying or joining their adoptive parents in the UK.

Our expert immigration lawyers are well versed in the UK’s complex Immigration Rules, guidance and policies and are strong advocates of an immigration system which takes a child-centred approach. We have a proven track record of assisting clients who wish to obtain settlement in the UK so they can reside with their families.

Eligibility

In order to apply for settlement in the UK, the child in question must be under 18 years old. Applications under this category can be quite complex due to the extensive evidence required by the sponsoring parent to demonstrate that they are solely responsible for exercising parental care over the child for a substantial period.

In our experience, the following are some of the factors the Home Office consider in assessing sole responsibility:

  • Whether the child’s parents are married;
  • In cases of divorce, which parent was awarded legal custody over the child;
  • Whether the sponsoring parent has provided consistent financial/emotional support to the child;
  • If the sponsoring parent is in the UK, what kind of relationship they have with the child;
  • Who makes the important decisions about the child’s upbringing, for example where the child lives, what school they attend and religious practices.

The above list is non-exhaustive and our immigration lawyers are aware of the importance of submitting a properly executed application supported by documentary evidence which demonstrates that the sponsoring parent did have sole responsibility over the child.

Expert UK Immigration Solicitors

Our immigration solicitors can help you and your family prepare an application for settlement and have previously assisted clients who have been granted Indefinite Leave to Remain. Our expert team offer some of the following services:

  • Consultation with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements and the merits of your application;
  • Tailored legal advice which will assist you in collating the documents required for an application; and
  • Preparation of the relevant application forms and legal representations.

If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options.

We are a UK law firm based in Middle Temple, London and our solicitors are fully authorised by the Solicitors Regulation Authority (SRA). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our Contact Form or give us a call on 02071830570.

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