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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 624
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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But someone advised me that Child settlement applications

Customer Question

but someone advised me that Child settlement applications are generally made under paragraph 298 of the UK's Immigration Rules which says:298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:
(i) is seeking to remain with a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) one parent is present and settled in the United Kingdom and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent; or
(d) one parent or a relative is present and settled in the United Kingdom and there are 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; and
(ii) has or has had limited leave to enter or remain in the United Kingdom, and
(a) is under the age of 18; or
(b) was given leave to enter or remain with a view to settlement under paragraph 302 or Appendix FM; or
(c) was admitted into the UK in accordance with paragraph 319R and has completed a period of 2 years limited leave as the child of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the child of a former refugee or beneficiary of humanitarian protection who is now a British Citizen, or
(d) the applicant has limited leave to enter or remain in the United Kingdom in accordance with paragraph 319X, as the child of a relative with limited leave to remain as a refugee or beneficiary of humanitarian protection in the United Kingdom and who is now present and settled here; or
(e) was last given limited leave to remain under paragraph 298A; and
(iii) is not leading an independent life, is unmarried, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds in accommodation which the parent, parents or relative the child was admitted to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds; and
(vi) does not fall for refusal under the general grounds for refusal...Is my understanding correct? I am the only one who has permanent residence , and my wife is not yet as she applied for an extension on the basis of our marriage. It means that my children will not qualify under Para 298>
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.

Hello

You need to seek independent legal advice as British nationality issues are complicated and there isnt sufficient time and resources on JustAnswer to deal with the complexities involved in your case.

Customer: replied 1 year ago.
Can anyone in your group answer this for me?
Expert:  frantzgregory replied 1 year ago.

Sorry you have asked a similar question in a previous thread. Your question was answered and you have not rated.