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GLOSSARY

Immigration issues relating to children definition

Published by a LexisNexis Immigration expert

What does Immigration issues relating to children mean?

Matters pertaining to persons subject to immigration control who are under the age of 18.

In particular the Secretary of State must make arrangements for ensuring that any function of his in relation to immigration, asylum or nationality, and any function conferred by or by virtue of the Immigration Acts on an immigration officer, are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom, and that any services provided by another person pursuant to arrangements which are made by the Secretary of State and relate to the discharge of such a function are provided having regard to that need; and a person exercising any of those functions must, in exercising the function, have regard to any guidance given to the person by the Secretary of State for these purposes. Various provisions in the Immigration Rules provide for applications for entry clearance, leave to enter and leave to remain for children e.g. as family members of adults present and settled in the UK.

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Sole responsibility and serious and compelling considerations

The following alternative requirements apply to numerous applications under the Immigration Rules that involve children:•sole responsibility, and•serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.These provisions are generally only relevant where a child will be residing with just one parent in the UK following the grant of leave (unless the other parent is dead) or, in the case of serious and compelling considerations, where a child is joining one parent or, in Immigration Rules, Part 8, para 297, a non-parent relative.Para 297 (as amended) provides an example:'The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:(a) both parents are present and settled in...

Children of work, investment and study migrants

This Practice Note looks at key considerations in relation to applications by dependent children of persons in work, investment and study routes.There is provision for dependent partners and children in the majority of these routes (the main exceptions are the Youth Mobility Scheme, which has no provision for dependants at all, and the Student and Graduate routes, which only provide for dependants in limited circumstances).Prior to their simplification, the Rules covering dependent partners and children in these routes were found in Part 8 of the Immigration Rules (for dependants of relevant Points-Based System migrants and Appendix W workers), or Part 5 (for dependants of persons in other economic routes, in particular UK Ancestry and Representative of an Overseas Business). For the archived version of our Practice Note covering dependent children of PBS and Appendix W migrants, which covered the relevant law prior to simplification, see the right hand column link.On simplification (Students from 5 October 2020, and other routes from 1 December 2020), the provisions covering dependent family members were...

Discover our 7 Practice Notes on Immigration issues relating to children