Immigration Rules Appendix Children

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April 11

09:42 2024

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This appendix takes into account the need to safeguard and promote the welfare of children in the UK, in line with the Secretary of States duty under section 55 of the Borders, Citizenship and Immigration Act 2009.

It applies to applications on specified routes as set out in this Appendix.

Applicant applying as a dependent child

This section applies to the following routes (to the extent set out in the route), where the applicant is applying as a dependent child:
1. Appendix HM Armed Forces
2. Appendix International Armed Forces and International Civilian Employees
3. Appendix Settlement Protection
4. Appendix Student
5. Appendix Graduate
6. Appendix Skilled Worker
7. Appendix Global Business Mobility Senior or Specialist Worker
8. Appendix Global Business Mobility Graduate Trainee
9. Appendix Global Business Mobility UK Expansion Worker
10. Appendix Global Business Mobility Service Supplier
11. Appendix Global Business Mobility Secondment Worker
12. Appendix T2 Minister of Religion
13. Appendix Representative of an Overseas Business
14. Appendix UK Ancestry
15. Appendix Global Talent
16. Appendix High Potential Individual
17. Appendix Scale-up
18. Appendix Start-up
19. Appendix Innovator Founder
20. Appendix International Sportsperson
21. Appendix Domestic Workers in a Private Household
22. Appendix Temporary Work Creative Worker
23. Appendix Temporary Work Religious Worker
24. Appendix Temporary Work Charity Worker
25. Appendix Temporary Work International Agreement
26. Appendix Temporary Work Government Authorised Exchange
27. Appendix Hong Kong British National (Overseas)
28. Appendix Family Reunion (Protection)
29. Appendix Child staying with or joining a Non-Parent Relative (Protection)
30. Appendix Victim of Domestic Abuse
31. Appendix Bereaved Partner
32. Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997.

Age Requirement

CHI 1.1. The applicant must be under the age of 18 on the date of application unless CHI 1.2 applies.

CHI 1.2. The applicant may be aged 18 or over on the date of application if the applicant was last granted entry clearance or permission to stay as the dependent child of their parent or parents.

Independent Life Requirement

CHI 1A.1. The applicant must not be leading an independent life.

Care Requirement

CHI 2.1. If the applicant is under the age of 18 on the date of application, there must be suitable arrangements for the childs care and accommodation in the UK which must comply with relevant UK law.

Relationship Requirement: Entry Clearance and Permission to Stay

CHI 3.1. Where the application is for entry clearance or permission to stay, the applicant must be the child of a parent (P) where one of the following applies:
1. (a) P has entry clearance or permission to stay on the same route the applicant is applying for; or
2. (b) P is, at the same time, applying for (and is granted) entry clearance or permission to stay on the same route the applicant is applying for; or
3. (c) P is settled or has become a British citizen, providing P previously had permission to stay on the same route the applicant is applying for and the applicant had permission as Ps child at that time or was born since Ps last grant of permission and before P settled; or
4. (d) P is settled or has become a British citizen, providing P had permission on the UK Ancestry route when they settled and the applicant is applying on the UK Ancestry route; or
5. (e) the applicant is applying under Appendix HM Armed Forces and P is:
  1. (i) a member of HM Armed Forces who is exempt from immigration control; or
  2. (ii) at the same time applying for (and is being granted) settlement as a HM Armed Forces service leaver; or
  3. (iii) settled or is a British citizen and P had permission (or exemption) as a member of HM Armed Forces before they were granted citizenship; or
6. (f) the applicant is applying under Appendix International Armed Forces and P is a member of an International Armed Forces exempt from immigration control.

CHI 3.2. The applicants parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a Visitor) unless:
1. (a) the parent applying for or with entry clearance or permission to stay is the sole surviving parent or has sole responsibility for the childs upbringing; or
2. (b) the parent who does not have permission:
  1. (i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
  2. (ii) lives, or intends to live, in the UK; or
3. (C) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with the parent who is applying for or has entry clearance or permission to stay or who is covered by CHI 3.2.(b).

CHI 3.3. If the applicant was born in the UK and is the child of a person with permission or their partner, the applicant must provide a full UK birth certificate showing the names of their parent(s).

Relationship Requirement: Settlement

CHI 4.1. Where the application is for settlement, the applicant must be the child of a person (P) where one of the following applies:
1. (a) P is, at the same time, being granted settlement on the same route the applicant is applying for; or
2. (b) P is settled or has become a British citizen, providing P previously had permission on the same route the applicant is applying for or;
3. (c) the applicant is applying under Appendix HM Armed Forces and P:
  1. (i) is a member of HM Armed Forces exempt from immigration control with at least 5 years reckonable service; or
  2. (ii) has been granted or, is at the same time applying for (and is being granted) settlement as a HM Armed Forces service leaver; or
  3. (iii) has leave to enter or remain under this Appendix or Part 7 paragraphs 276E-QA of these Rules or under the concession which existed outside these Rules whereby the Secretary of State exercised their discretion to grant leave to enter or remain to a member of HM Forces who has been medically discharged; or
  4. (iv) is settled or is a British citizen and P had permission (or exemption) as a member of HM Armed Forces before they were granted citizenship.

CHI 4.2. The applicant must:
1. (a) have last been granted permission as a dependent child of P in CHI 4.1; or
2. (b) have been born in the UK and be applying as a child of P in CHI 4.1; or
3. (c) where the application is under Appendix UK Ancestry, the applicant must be applying as a child of P in CHI 4.1; or
4. (d) where (a), (b) and (c) do not apply and the application is under Appendix Bereaved Partner or Appendix Victim of Domestic Abuse, the applicant must have been born overseas after Ps grant of permis
  
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