Entry Clearance and Leave to Remain as a Child Under Appendix FM

The Child Route Under Appendix FM

If you are seeking to bring your child to the UK to join you, or your child is already in the UK and you wish to regularise their immigration status, the child route under Appendix FM may be available. This route is specifically for children whose parent has, or is applying for, leave as a partner or parent under Appendix FM, or who has protection status in the UK. It is not a freestanding route and the child’s application is entirely dependent on the immigration status of the sponsoring parent.

Naila Kosar is a specialist immigration solicitor with extensive experience in child route applications, including cases involving complex family arrangements and applications where the child’s circumstances require particular sensitivity. She will assess your individual circumstances carefully and give you a clear and honest view of the options available before any application is made.

Who Does This Route Cover?

The child route covers children who are not married or in a civil partnership, have not formed an independent family unit, and are not leading an independent life. One of the child’s parents must be in the UK with leave, or be applying for or being granted leave, as a partner or parent under Appendix FM, or must have protection status in the UK.

In addition to the parent’s status, the parenting arrangements must also satisfy specific requirements. The route is available where the parent’s partner under Appendix FM is also a parent of the child, where the sponsoring parent has sole responsibility for the child’s upbringing, or where there are serious and compelling family or other considerations that make the exclusion of the child undesirable. The third of these grounds can be relevant in cases involving particular care arrangements or family circumstances that do not fit neatly within the sole responsibility test, and Naila can advise on whether it is available in your case.

Entry Clearance and Leave to Remain

The child route is available both to children applying from outside the UK for entry clearance and to children already in the UK applying for leave to remain. In either case the child’s application is closely linked to the parent’s application and the timing of both applications needs careful consideration. Naila will advise on the most appropriate approach for your family’s circumstances.

The Financial Requirement

The financial requirement that applies to a child’s application depends on which immigration route the sponsoring parent is on. The applicable threshold and the way in which it is calculated differ depending on whether the parent is on the partner route or the parent route, and whether transitional provisions apply. This is one of the most important factors to understand before any application is made and Naila will advise on which financial requirement applies to your circumstances and what evidence will be needed.

No English Language Requirement

There is no English language requirement under the child route. This applies to both entry clearance and leave to remain applications.

Leave Granted and Settlement

Leave granted to a child under this route is tied to the leave granted to the sponsoring parent rather than being granted independently. The route to settlement for a child depends on the parent’s own immigration pathway and the specific circumstances of the case. Naila will advise on what this means in practical terms for your child’s long-term immigration position.

Exceptional Circumstances

Where a child’s application does not meet all the standard requirements of the child route, it may still be possible to succeed on the basis of exceptional circumstances where refusal would result in unjustifiably harsh consequences for the child or their family. The best interests of the child are a primary consideration in any such assessment. Naila has considerable experience in identifying and advancing exceptional circumstances arguments in child route cases and will advise on whether this is available in your circumstances.

What Happens if an Application is Refused?

If a child’s application is refused there is in most cases a right of appeal to the Immigration and Asylum Chamber of the First-tier Tribunal, particularly where the refusal engages Article 8 of the European Convention on Human Rights. The best interests of the child will be a primary consideration in any such appeal. Time limits are strict and it is important to seek advice as soon as a refusal decision is received. Further information is available on our Appeals and Judicial Review page.

How Naila Kosar Can Help

Naila provides a full advisory and application service for child route cases under Appendix FM, from initial assessment of eligibility through to the preparation and submission of a fully supported application and advice on any refusal or appeal. Applications involving children require particular care and the consequences of a poorly prepared application can be significant for the whole family. Early advice is strongly recommended.

Naila operates on a private fee basis and details of her fees are set out on the main immigration page.

Contact Naila Kosar

If you would like to discuss bringing your child to the UK or regularising their immigration status, please contact us to arrange an initial consultation.

Our offices in Manchester (Burnage) and Stockport (Heaton Moor) are easily accessible, and Naila represents clients throughout the United Kingdom.