This route is for a child whose parent is applying for leave to remain, or who has limited leave, as a partner or parent.

Requirements For Initial Leave To Remain As A Child Of A Person With Limited Leave As A Partner Or Parent

The requirements to be met for leave to remain as a child are that-

  1. the applicant must be in the UK;
  2. the applicant must have made a valid application for leave to remain as a child;
  3. the applicant must not fall for refusal under any of the grounds in Section S-LTR: Suitability-leave to remain; and
  4. the applicant must meet all of the requirements of Section E-LTRC: Eligibility for leave to remain as a child.

E-LTRC: Eligibility for leave to remain as a child

To qualify for limited leave to remain as a child all of the following requirements must be met.

Relationship requirements

  1. The applicant must be under the age of 18 at the date of application or when first granted leave as a child under this route.
  2. The applicant must not be married or in a civil partnership.
  3. The applicant must not have formed an independent family unit.
  4. The applicant must not be leading an independent life.
  5. One of the applicant's parents must be in the UK with leave to enter or remain as, or have applied for leave to remain or indefinite leave to remain as, a partner or a parent under Appendix FM.

Financial requirements

The applicant must provide evidence that the applicant's parent/sponsor's gross annual income is at least:

  1. £18,600;
  2. an additional £3,800 for the first Non-EEA child; and
  3. an additional £2,400 for each Non-EEA additional child; alone or in combination with
  4. specified savings of-
  • £16,000; and
  • additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income and the total amount required.

When determining whether the financial requirement is met only the following sources will be taken into account:

  1. income of the applicant's parent or parent's partner from specified employment or self-employment;
  2. specified pension income of the applicant's parent and parent's partner;
  3. any specified maternity allowance or bereavement benefit received by the applicant's parent's partner in the UK;
  4. other specified income of the applicant's parent and and parent's partner; and
  5. specified savings of the applicant's parent and partner's partner.

Exemption From Financial Requirement

The applicant will be exempt from meeting the financial requirement of £18,600 or above if the applicant’s parent's partner is receiving one or more of the following -

(i) disability living allowance;
(ii) severe disablement allowance;
(iii) industrial injury disablement benefit;
(iv) attendance allowance; or
(v) carer’s allowance; and

Where the applicant is exempt from meeting the financial requirement, the applicant must provide specified evidence that his/her parent's partner is able to maintain and accommodate himself/herself, the applicant's parent and any dependants adequately in the UK without recourse to public funds.

Adequate Accommodation Requirement

The applicant must provide specified evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if-

  1. it is, or will be, overcrowded; or
  2. it contravenes public health regulations.

Duration Of Stay Granted As A Result Of Successful Application

If the applicant meets the requirements for leave to remain as a child the applicant will be granted leave to remain of a duration which will expire at the same time as the leave granted to the applicant's parent, and subject to a condition of no recourse to public funds, and if the applicant's parent is granted indefinite leave to remain the applicant will be granted indefinite leave to remain.

Why Sunrise Solicitors For Your Leave To Remain Application As A Child Of A Partner Or Parent With Limited Leave?

The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for leave to remain as a child of a person with limited leave as a partner or parent. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your application for leave to remain  as a child of a person with limited leave as a partner or parent and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

Our Fees For Leave To Remain Application As A Child Of A Person With Limited Leave As A Partner Or Parent

  • We will charge you a fee from £800 + VAT for your leave to remain application as a child of a person with limited leave as a partner or parent where the financial requirement is being satisfied only through employment of the sponsor. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • We will charge you a fee from £1,200 + VAT for leave to remain application as as a child of a person with limited leave as a partner or parent where the financial requirement is being satisfied through self-employment or savings of the sponsor. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • We will charge you a fee from £1,200 + VAT for your leave to remain application as as a child of a person with limited leave as a partner or parent in cases involving issues of sole responsibility. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Home Office fee etc.