New rules introduced for visa applications made by children

The Home Office recently brought into force a new section of the Immigration Rules, Appendix Children, which prescribes common requirements for applications made by children. This includes both those applying as dependants of a lead applicant and those applying in their own right. Appendix Children applies to a number of visa routes, including the Child Student, Student, Skilled Worker and Ancestry routes, with the intention that it will be extended to other routes in the future. This means that those making an application under any of the applicable routes must meet the requirements set out in Appendix Children. Following the introduction of the new Appendix, new guidance on dealing with such applications has since been published.

As with all Home Office policy relating to applications concerning children, the requirements chiefly outline the duty of the Home Office to safeguard and promote the welfare of children in the UK and have consideration for the relevant child or children’s best interests.

Applications by child dependants

In respect of a child applying as the dependant of a lead applicant, the Home Office must be satisfied that they are of the requisite age, that they are not living an ‘independent life’, and that there are suitable arrangements in place for their care and accommodation in the UK. The applicant must also meet a number of requirements in respect of their relationship with the main applicant, which vary depending upon whether the application is for entry clearance/limited leave to remain, or for settlement.

Further detail on these requirements is provided by the accompanying guidance which, notably, expands upon previous guidance on assessing the ‘independent life’ and relationship requirements. As such, whilst the new policy is currently restricted to a limited number of visa routes, the concepts elaborated upon in the Appendix Children guidance ought to shed light on how applications by children will be treated in all routes.

Independent Life Requirements

To meet the independent life requirements, the applicant must not have a partner and must be living with their parent, unless they are at boarding school, college or university but normally live with their parent. The section removes the previous requirement that an applicant under 18 cannot be in full-time employment and must be financially and emotionally dependent on their parent(s). A further change is that the independent life requirement is no longer exclusive to applicants aged 16 or over, meaning a child of any age must demonstrate they are not leading an independent life.

Relationship Requirements

To meet the relationship requirements in an application by a child dependant for entry clearance or permission to stay, the lead applicant on the application must be a parent that is either applying on that route at the same time as the child, already has permission on that route, or is settled in the UK/has become a British citizen.

The Appendix goes on to prescribe requirements for applications where only one of the child’s parents is also travelling to, or living in, the UK. For such applications, the child must first satisfy the decision maker of their relationship with the lead applicant, and that the lead applicant has, or is simultaneously making an application for, permission to enter or stay. The child must thereafter demonstrate that:

• the lead applicant is either a sole surviving parent or has sole responsibility for the child’s upbringing; or,
• there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with that parent.

Sole responsibility can be a complex requirement for applicants to meet, and the Appendix Children guidance outlines the information that any evidence provided in respect of sole responsibility must exhibit. This will normally involve a court document from the child’s country of origin confirming that the lead applicant has sole responsibility. In assessing the serious and compelling ground, the guidance states that a caseworker must consider whether there are good reasons why the other parent is not coming to the UK, good reasons for the child not to stay overseas with the other parent, and whether coming to/staying in the UK would be in the best interests of the child. The Appendix Children guidance provides a non-exhaustive list of examples where this test could be met; for example, where the child is applying to accompany a parent to the UK but the other parent requires to remain in the family’s country of origin to complete a work contract.

Applicant not applying as a dependent child

Where an applicant is making an application in their own right, rather than as a dependent child on another person’s application, the requirements relate entirely to parental consent. These outline that the applicant must have written consent from either both parents, one parent with sole responsibility for the applicant, or the applicant’s legal guardian(s). The Rules go on to prescribe the required information to be contained in a parental consent form.

How we can help

Visa applications in respect of children, particularly those engaging the matter of sole parental responsibility or serious/compelling circumstances, can be complex and onerous. Our experienced team of solicitors are well placed to guide you through the process, so please do not hesitate to get in touch.