Private and family life cases are amongst the most complex that confront the immigration practitioner. This e-book forms part of a series on related areas, the other editions of which are:
- Representing partners (without children)
- Victims of domestic violence and bereaved partners
- Private life
- Adult dependent relatives
- Human rights claims and remedies
- Private Life claims case law resource
Part 1: Family Life as a Parent of a Child in the UK
The Appendix FM category, ‘family life as a parent of a child in the UK’ is, according to IDI Annex FM 1.0a:
…a route intended for a parent who has sole responsibility for or direct access to the child following the breakdown of their relationship with the child’s other parent. The route is for applicants who:
- have sole parental responsibility for their child
- do not live with the child (who lives with a parent or carer who is a British citizen or settled here), but they have direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK
- (only in a leave to remain application) are the parent with whom the child normally lives, rather than the child’s other parent who is British or settled
Part 2: Family Life as a Child of a Parent with Limited Leave; As a Partner or Parent
This route is not covered in the guidance in detail. It is only open to a child whose parent applies under Appendix FM for entry clearance as a partner or parent, or who has leave to remain in one of those categories.
Where a child accompanies their parent to join their other parent, and the other parent is British or settled, they would apply under the child settlement rules in Part 8 instead.