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Immigration Rules Part 8: Family Members

Discussion in 'UK Visa and Immigration Help' started by one world, May 10, 2019.

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    Spouses and Civil Partners

    277. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a spouse or civil partner of another if either the applicant or the sponsor will be aged under 18 on the date of arrival in the United Kingdom or (as the case may be) on the date on which the leave to remain or variation of leave would be granted. In these rules the term “sponsor” includes “partner” as defined in GEN 1.2 of Appendix FM.

    278. Nothing in these Rules shall be construed as allowing a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as the spouse and civil partner of a man or woman (the sponsor) if:

    (i) his or her marriage or civil partnership to the sponsor is polygamous; and

    (ii) there is another person living who is the husband or wife of the sponsor and who:

    (a) is, or at any time since his or her marriage or civil partnership to the sponsor has been, in the United Kingdom; or

    (b) has been granted a certificate of entitlement in respect of the right of abode mentioned in Section 2(1)(a) of the Immigration Act 1988 or an entry clearance to enter the United Kingdom as the husband or wife of the sponsor.

    For the purpose of this paragraph a marriage or civil partnership may be polygamous although at its inception neither party had any other spouse or civil partner.

    279. Paragraph 278 does not apply to any person who seeks entry clearance, leave to enter, leave to remain or variation of leave where:

    (i) he or she has been in the United Kingdom before 1 August 1988 having been admitted for the purpose of settlement as the husband or wife of the sponsor; or

    (ii) he or she has, since their marriage or civil partnership to the sponsor, been in the United Kingdom at any time when there was no such other spouse or civil partner living as is mentioned in paragraph 278 (ii).

    But where a person claims that paragraph 278 does not apply to them because they have been in the United Kingdom in circumstances which cause them to fall within sub paragraphs (i) or (ii) of that paragraph it shall be for them to prove that fact.

    280. For the purposes of paragraphs 278 and 279 the presence of any wife or husband in the United Kingdom in any of the following circumstances shall be disregarded:

    (i) as a visitor; or

    (ii) an illegal entrant; or

    (iii) in circumstances whereby a person is deemed by Section 11(1) of the Immigration Act 1971 not to have entered the United Kingdom.

    Spouses or civil partners of persons present and settled in the United Kingdom or being admitted on the same occasion for settlement

    Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement

    281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

    (i) (a)(i) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

    __ __(ii) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:

    (a) the applicant is aged 65 or over at the time he makes his application; or

    (b) the applicant has a physical or mental condition that would prevent him from meeting the requirement; or;

    (c) there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or

    __ __(iii) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

    __ __(iv) the applicant has obtained an academic qualification(not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or

    __ __(v) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and

    (1) provides the specified evidence to show he has the qualification, and

    (2) UK NARIC has confirmed that the qualification was taught or researched in English, or

    __ __(vi) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and provides the specified evidence to show:

    (1) he has the qualification, and

    (2) that the qualification was taught or researched in English.

    Or

    __(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

    __(b)(ii) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and

    __(b)(iii) DELETED

    (ii) the parties to the marriage or civil partnership have met; and

    (iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and

    (iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

    (v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

    (vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity; and

    (vii) the applicant does not fall for refusal under the general grounds for refusal.

    For the purposes of this paragraph and paragraphs 282-289 a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, is to be regarded as present and settled in the United Kingdom.

    Leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted for settlement on the same occasion

    282. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may:

    (a) in the case of a person who meets the requirements of paragraph 281(i)(a)(i) and one of the requirements of paragraph 281(i)(a)(ii) - (vi) be admitted for an initial period not exceeding 27 months, or

    (b) in the case of a person who meets all of the requirements in paragraph 281(i)(b), be granted indefinite leave to enter, or

    (c) in the case of a person who meets the requirement in paragraph 281(i)(b)(i), but not the requirement in paragraph 281(i)(b)(ii) to have sufficient knowledge of the English language and about life in the United Kingdom, be admitted for an initial period not exceeding 27 months, in all cases provided the Immigration Officer is satisfied that each of the relevant requirements of paragraph 281 is met.

    Refusal of leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement

    283. Leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 281 is met.
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    Spouses and Civil Partners

    Requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom

    284. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that:

    (i) the applicant has or was last granted limited leave to enter or remain in the United Kingdom which meets the following requirements:

    (a) The leave was given in accordance with any of the provisions of these Rules; and

    (b) The leave was granted for a period of 6 months or more, unless it was granted as a fiancé(e) or proposed civil partner; and

    (c) The leave was not as the spouse, civil partner, unmarried or same-sex partner of a Relevant Points-Based System Migrant or Appendix W Worker; and

    (ii) the applicant is married to or the civil partner of a person present and settled in the United Kingdom; and

    (iii) the parties to the marriage or civil partnership have met; and

    (iv) the applicant must not be in the UK in breach of immigration laws (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded); and

    (v) the marriage or civil partnership has not taken place after a decision has been made to deport the applicant or he has been recommended for deportation or been given notice under Section 6(2) of the Immigration Act 1971 or been given directions for his removal under section 10 of the Immigration and Asylum Act 1999; and

    (vi) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and

    (vii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

    (viii) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

    (ix)(a) the applicant provides an English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:

    (i) the applicant is aged 65 or over at the time he makes his application; or

    (ii) the applicant has a physical or mental condition that would prevent him from meeting the requirement; or;

    (iii) there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or

    (ix)(b) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

    (ix)(c) the applicant has obtained an academic qualification, which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or

    (ix)(d) the applicant has obtained an academic qualification which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and

    1. (1) provides the specified evidence to show he has the qualification, and
    2. (2) UK NARIC has confirmed that the qualification was taught or researched in English, or
    (ix)(e) has obtained an academic qualification which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and provides the specified evidence to show:

    1. (1) he has the qualification, and
    2. (2) that the qualification was taught or researched in English.
    Extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom

    285. An extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom may be granted for a period of 2 years in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 284 is met.

    Refusal of extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom

    286. An extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 284 is met.
    Last edited: May 10, 2019
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    Spouses and Civil Partners

    Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom

    287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

    (i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or

    __(b) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of a person present and settled in the United Kingdom; or

    __(c) was admitted to the United Kingdom in accordance with leave granted under paragraph 282(c) of these rules; or

    __(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant or Appendix W Worker; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or

    __(e) the applicant was admitted to the UK or given an extension of stay as the unmarried or same-sex partner of a Relevant Points Based System Migrant or Appendix W Worker; and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of the person who is now present and settled in the UK; or

    __(f) the applicant was admitted into the UK in accordance with paragraph 319L and has completed a period of 2 years limited leave as the spouse or civil partner of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the spouse or civil partner of a former refugee or beneficiary of humanitarian protection who is now a British Citizen.

    (ii) the applicant is still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join and the marriage or civil partnership is subsisting; and

    (iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and

    (iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

    (v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

    (vi) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL
    https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-koll
    (Level B1 10th May 2019 or meet exceptions criteria listed in Appendix KoLL); and

    (vii) the applicant does not fall for refusal under the general grounds for refusal.

    (b) The requirements for indefinite leave to remain for the bereaved spouse or civil partner of a person who was present and settled in the United Kingdom are that:

    (i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom in accordance with paragraphs 281 to 286 of these Rules; or;

    __(b) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the unmarried or same-sex partner of a person present and settled in the United Kingdom in accordance with paragraphs 295AA to 295F of these Rules and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join; and

    (ii) the person whom the applicant was admitted or granted an extension of stay to join died during that period; and

    (iii) the applicant was still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join at the time of the death; and

    (iv) each of the parties intended to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership was subsisting at the time of the death; and

    (v) the applicant does not fall for refusal under the general grounds for refusal.

    Indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom

    288. Indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 287 is met.

    Refusal of indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom

    289. Indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 287 is met.
    Last edited: May 10, 2019
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    Children

    296. Nothing in these Rules shall be construed as permitting a child to be granted entry clearance, leave to enter or remain, or variation of leave where his parent is party to a polygamous marriage or civil partnership and any application by that parent for admission or leave to remain for settlement or with a view to settlement would be refused pursuant to paragraphs 278 or 278A.

    Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom

    297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:

    (i) is seeking leave to enter to accompany or join 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) both parents are being admitted on the same occasion for settlement; or

    (c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or

    (d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or

    (e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or

    (f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement 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) is under the age of 18; and

    (iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

    (iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and

    (v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and

    (vi) holds a valid United Kingdom entry clearance for entry in this capacity; and

    (vii) does not fall for refusal under the general grounds for refusal.

    Requirements for indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom

    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, and

    (vii) if aged 18 or over, was admitted to the United Kingdom under paragraph 302, or Appendix FM, or 319R or 319X and has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with Appendix KoLL.

    298A. If an applicant does not meet the requirements of paragraph 298 only because:

    (a) the applicant does not meet the requirement in paragraph 298(vi) by reason of a sentence or disposal of a type mentioned in paragraph 322(1C)(iii) or (iv); or

    (b) an applicant aged 18 or over does not meet the requirement in paragraph 298(vii); or

    (c) the applicant would otherwise be refused indefinite leave to remain under paragraph 322(1C)(iii) or (iv), the applicant may be granted limited leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds.

    Indefinite leave to enter or remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom

    299. Indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom may be granted provided that, on arrival, a valid passport or other identity document is produced to the Immigration Officer and the applicant has entry clearance for entry in this capacity. 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 may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 298 is met.

    Refusal of indefinite leave to enter or remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom

    300. Indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom is to be refused if on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity. 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 is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 298 is met.
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    Children

    Requirements for limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement

    301. The requirements to be met by a person seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement are that he:

    (i) is seeking leave to enter to accompany or join or remain with a parent or parents in one of the following circumstances:

    (a) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or

    (b) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and has had sole responsibility for the child’s upbringing; or

    (c) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement 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) is under the age of 18; and

    (iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

    (iv) can, and will, be accommodated adequately without recourse to public funds, in accommodation which the parent or parents own or occupy exclusively; and

    (iva) can, and will, be maintained adequately by the parent or parents without recourse to public funds; and

    (ivb) does not qualify for limited leave to enter as a child of a parent or parents given limited leave to enter or remain as a refugee or beneficiary of humanitarian protection under paragraph 319R; and

    (v) (where an application is made for limited leave to remain with a view to settlement) has limited leave to enter or remain in the United Kingdom; and

    (vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.

    Limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement

    302. A person seeking limited leave to enter the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement may be admitted for a period not exceeding 27 months provided he is able, on arrival, to produce to the Immigration Officer a valid passport or other identity document and the applicant has entry clearance for entry in this capacity. A person seeking limited leave to remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement may be given limited leave to remain for a period not exceeding 27 months provided the Secretary of State is satisfied that each of the requirements of paragraph 301 (i)-(v) is met.

    Refusal of limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement

    1. 303. Limited leave to enter the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement is to be refused if, on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity. Limited leave to remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 301 (i)-(v) is met.
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    Children

    Leave to enter and extension of stay in the United Kingdom as the child of a parent who is being, or has been admitted to the united kingdom as a fiance(e) or proposed civil partner

    Requirements for limited leave to enter the United Kingdom as the child of a fiance(e) or proposed civil partner

    303A. The requirements to be met by a person seeking limited leave to enter the United Kingdom as the child of a fiance(e) or proposed civil partner, are that:

    (i) he is seeking to accompany or join a parent who is, on the same occasion that the child seeks admission, being admitted as a fiance(e) or proposed civil partner , or who has been admitted as a fiance(e) or proposed civil partner; and

    (ii) he is under the age of 18; and

    (iii) he is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

    (iv) he can and will be maintained and accommodated adequately without recourse to public funds with the parent admitted or being admitted as a fiance(e) or proposed civil partner; and

    (v) there are serious and compelling family or other considerations which make the child’s exclusion undesirable, that suitable arrangements have been made for his care in the United Kingdom, and there is no other person outside the United Kingdom who could reasonably be expected to care for him; and

    (vi) he holds a valid United Kingdom entry clearance for entry in this capacity.

    Limited leave to enter the United Kingdom as the child of a parent who is being, or has been admitted to the United Kingdom as a fiance(e) or proposed civil partner

    303B. A person seeking limited leave to enter the United Kingdom as the child of a fiance(e) or proposed civil partner, may be granted limited leave to enter the United Kingdom for a period not in excess of that granted to the fiance(e) or proposed civil partner, provided that on arrival a valid passport or other identity document is produced to the Immigration Officer and the applicant has entry clearance for entry in this capacity. Where the period of limited leave granted to a fiance(e) will expire in more than 6 months, a person seeking limited leave to enter as the child of the fiance(e) or proposed civil partner should be granted leave for a period not exceeding six months.

    Refusal of limited leave to enter the United Kingdom as the child of a parent who is being, or has been admitted to the United Kingdom as a fiance(e) or proposed civil partner

    303C. Limited leave to enter the United Kingdom as the child of a fiance(e) or proposed civil partner, is to be refused if on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity.
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    Children

    Requirements for an extension of stay in the United Kingdom as the child of a fiance(e) or proposed civil partner

    303D. The requirements to be met by a person seeking an extension of stay in the United Kingdom as the child of a fiance(e) or proposed civil partner are that:

    (i) the applicant was admitted with a valid United Kingdom entry clearance as the child of a fiance(e) or proposed civil partner; and

    (ii) the applicant is the child of a parent who has been granted limited leave to enter, or an extension of stay, as a fiance(e) or proposed civil partner; and

    (iii) the requirements of paragraph 303A (ii) - (v) are met.

    Extension of stay in the United Kingdom as the child of a fiance(e) or proposed civil partner

    303E. An extension of stay as the child of a fiance(e) or proposed civil partner may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 303D is met.

    Refusal of an extension of stay in the United Kingdom as the child of a fiance(e) or proposed civil partner

    303F. An extension of stay as the child of a fiance(e) or proposed civil partner is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 303D is met.
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    Children born in the United Kingdom who are not British citizens

    304. This paragraph and paragraphs 305-309 apply only to dependent children under 18 years of age who are unmarried and are not civil partners and who were born in the United Kingdom on or after 1 January 1983 (when the British Nationality Act 1981 came into force) but who, because neither of their parents was a British Citizen or settled in the United Kingdom at the time of their birth, are not British Citizens and are therefore subject to immigration control. Such a child requires leave to enter where admission to the United Kingdom is sought, and leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom. If he qualifies for entry clearance, leave to enter or leave to remain under any other part of these Rules, a child who was born in the United Kingdom but is not a British Citizen may be granted entry clearance, leave to enter or leave to remain in accordance with the provisions of that other part.
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    Children

    Requirements for leave to enter or remain in the United Kingdom as the child of a parent or parents given leave to enter or remain in the United Kingdom

    305. The requirements to be met by a child born in the United Kingdom who is not a British Citizen who seeks leave to enter or remain in the United Kingdom as the child of a parent or parents given leave to enter or remain in the United Kingdom are that he:

    (i) (a) is accompanying or seeking to join or remain with a parent or parents who have, or are given, leave to enter or remain in the United Kingdom; or

    (b) is accompanying or seeking to join or remain with a parent or parents one of whom is a British Citizen or has the right of abode in the United Kingdom; or

    (c) is a child in respect of whom the parental rights and duties are vested solely in a local authority; and

    (ii) is under the age of 18; and

    (iii) was born in the United Kingdom; and

    (iv) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

    (v) (where an application is made for leave to enter) has not been away from the United Kingdom for more than 2 years.

    Leave to enter or remain in the United Kingdom

    306. A child born in the United Kingdom who is not a British Citizen and who requires leave to enter or remain in the circumstances set out in paragraph 304 may be given leave to enter for the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met. Where leave to remain is sought, the child may be granted leave to remain for the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the Secretary of State is satisfied that each of the requirements of paragraph 305 (ii)-(iv) is met. Where the parent or parents have or are given periods of leave of different duration, the child may be given leave to whichever period is longer except that if the parents are living apart the child should be given leave for the same period as the parent who has day to day responsibility for him.

    307. If a child does not qualify for leave to enter or remain because neither of his parents has a current leave, (and neither of them is a British Citizen or has the right of abode), he will normally be refused leave to enter or remain, even if each of the requirements of paragraph 305 (ii)-(v) has been satisfied. However, he may be granted leave to enter or remain for a period not exceeding 3 months if both of his parents are in the United Kingdom and it appears unlikely that they will be removed in the immediate future, and there is no other person outside the United Kingdom who could reasonably be expected to care for him.

    308. A child born in the United Kingdom who is not a British Citizen and who requires leave to enter or remain in the United Kingdom in the circumstances set out in paragraph 304 may be given indefinite leave to enter where paragraph 305 (i)(b) or (i)(c) applies provided the Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met. Where an application is for leave to remain, such a child may be granted indefinite leave to remain where paragraph 305 (i)(b) or (i)(c) applies, provided the Secretary of State is satisfied that each of the requirements of paragraph 305 (ii)-(iv) is met.

    Refusal of leave to enter or remain in the United Kingdom

    309. Leave to enter the United Kingdom where the circumstances set out in paragraph 304 apply is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 305 is met. Leave to remain for such a child is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 305 (i)-(iv) is met.
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    Adopted children

    309A. For the purposes of adoption under paragraphs 310-316C a de facto adoption shall be regarded as having taken place if:

    (a) at the time immediately preceding the making of the application for entry clearance under these Rules the adoptive parent or parents have been living abroad (in applications involving two parents both must have lived abroad together) for at least a period of time equal to the first period mentioned in sub-paragraph (b)(i) and must have cared for the child for at least a period of time equal to the second period material in that sub-paragraph; and

    (b) during their time abroad, the adoptive parent or parents have:

    (i) lived together for a minimum period of 18 months, of which the 12 months immediately preceding the application for entry clearance must have been spent living together with the child; and

    (ii) have assumed the role of the child’s parents, since the beginning of the 18 month period, so that there has been a genuine transfer of parental responsibility.

    309B. Inter-country adoptions may be subject to section 83 of the Adoption and Children Act 2002 or the equivalent legislation in Scotland or Northern Ireland if the adopter’s habitual residence is there. Where this is the case, a letter obtained from the Department for Education (England and Wales habitual residents) or the equivalent from the relevant central authority (Scotland or Northern Ireland habitual residents) confirming the issue of a Certificate of Eligibility must be provided with any entry clearance adoption application under paragraphs 310-316C.

    Requirements for indefinite leave to enter the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom

    310. The requirements to be met in the case of a child seeking indefinite leave to enter the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom are that he:

    (i) is seeking leave to enter to accompany or join an adoptive parent or parents in one of the following circumstances;

    (a) both parents are present and settled in the United Kingdom; or

    (b) both parents are being admitted on the same occasion for settlement; or

    (c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or

    (d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or

    (e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or

    (f) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement 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; or

    (g) in the case of a de facto adoption one parent has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is seeking admission to the United Kingdom on the same occasion for the purposes of settlement; and

    (ii) is under the age of 18; and

    (iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

    (iv) can, and will, be accommodated and maintained adequately without recourse to public funds in accommodation which the adoptive parent or parents own or occupy exclusively; and

    (v) DELETED

    (vi) (a) was adopted in accordance with a decision taken by the competent administrative authority or court in his country of origin or the country in which he is resident, being a country whose adoption orders are recognised by the United Kingdom; or

    (b) is the subject of a de facto adoption; and

    (vii) was adopted at a time when:

    (a) both adoptive parents were resident together abroad; or

    (b) either or both adoptive parents were settled in the United Kingdom; and

    (viii) has the same rights and obligations as any other child of the adoptive parent’s or parents’ family; and

    (ix) was adopted due to the inability of the original parent(s) or current carer(s) to care for him and there has been a genuine transfer of parental responsibility to the adoptive parents; and

    (x) has lost or broken his ties with his family of origin; and

    (xi) was adopted, but the adoption is not one of convenience arranged to facilitate his admission to or remaining in the United Kingdom; and

    (xii) holds a valid United Kingdom entry clearance for entry in this capacity; and

    (xiii) does not fall for refusal under the general grounds for refusal.
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    Adopted children

    Requirements for indefinite leave to remain in the United Kingdom as the adopted child of a parent or parents present and settled in the United Kingdom

    311. The requirements to be met in the case of a child seeking indefinite leave to remain in the United Kingdom as the adopted child of a parent or parents present and settled in the United Kingdom are that he:

    (i) is seeking to remain with an adoptive parent or parents 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

    (d) one parent 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; or

    (e) in the case of a de facto adoption one parent has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is seeking admission to the United Kingdom on the same occasion for the purpose of settlement; and

    (ii) has limited leave to enter or remain in the United Kingdom, and

    (a) is under the age of 18; or

    (b) if aged 18 or over, was given leave to enter or remain with a view to settlement under paragraph 315 or paragraph 316B and has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with Appendix KoLL; and

    (iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

    (iv) can, and will, be accommodated and maintained adequately without recourse to public funds in accommodation which the adoptive parent or parents own or occupy exclusively; and

    (v) DELETED

    (vi) (a) was adopted in accordance with a decision taken by the competent administrative authority or court in his country of origin or the country in which he is resident, being a country whose adoption orders are recognised by the United Kingdom; or

    (b) is the subject of a de facto adoption; and

    (vii) was adopted at a time when:

    (a) both adoptive parents were resident together abroad; or

    (b) either or both adoptive parents were settled in the United Kingdom; and

    (viii) has the same rights and obligations as any other child of the adoptive parent’s or parents’ family; and

    (ix) was adopted due to the inability of the original parent(s) or current carer(s) to care for him and there has been a genuine transfer of parental responsibility to the adoptive parents; and

    (x) has lost or broken his ties with his family of origin; and

    (xi) was adopted, but the adoption is not one of convenience arranged to facilitate his admission to or remaining in the United Kingdom; and

    (xii) does not fall for refusal under the general grounds for refusal.
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    Adopted children

    Indefinite leave to enter or remain in the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom

    312. Indefinite leave to enter the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom may be granted provided, on arrival a valid passport or other identity document is produced to the Immigration Officer and the applicant has entry clearance for entry in this capacity. Indefinite leave to remain in the United Kingdom as the adopted child of a parent or parents present and settled in the United Kingdom may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 311 is met.

    Refusal of indefinite leave to enter or remain in the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom

    313. Indefinite leave to enter the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom is to be refused if, on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity. Indefinite leave to remain in the United Kingdom as the adopted child of a parent or parents present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 311 is met. If an applicant aged 18 or over does not meet the requirements of paragraph 311 only because the applicant does not meet the requirement in paragraph 311(ii)(b) to have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with Appendix KoLL, the applicant may be granted limited leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds.
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    Adopted children

    Requirements for limited leave to enter or remain in the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement

    314. The requirements to be met in the case of a child seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement are that he:

    (i) is seeking leave to enter to accompany or join or remain with a parent or parents in one of the following

    (a) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or

    (b) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and has had sole responsibility for the child’s upbringing; or

    (c) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement 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; or

    (d) in the case of a de facto adoption one parent has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is seeking admission to the United Kingdom on the same occasion for the purpose of settlement; and

    (ii) is under the age of 18; and

    (iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

    (iv) can, and will, be accommodated and maintained adequately without recourse to public funds in accommodation which the adoptive parent or parents own or occupy exclusively; and

    (v) (a) was adopted in accordance with a decision taken by the competent administrative authority or court in his country of origin or the country in which he is resident, being a country whose adoption orders are recognised by the United Kingdom; or

    (b) is the subject of a de facto adoption; and

    (vi) was adopted at a time when:

    (a) both adoptive parents were resident together abroad; or

    (b) either or both adoptive parents were settled in the United Kingdom; and

    (vii) has the same rights and obligations as any other child of the adoptive parent’s or parents’ family; and

    (viii) was adopted due to the inability of the original parent(s) or current carer(s) to care for him and there has been a genuine transfer of parental responsibility to the adoptive parents; and

    (ix) has lost or broken his ties with his family of origin; and

    (x) was adopted, but the adoption is not one of convenience arranged to facilitate his admission to the United Kingdom; and

    (xi) (where an application is made for limited leave to remain with a view to settlement) has limited leave to enter or remain in the United Kingdom; and

    (xii) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.
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    Adopted children

    Limited leave to enter or remain in the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement

    315. A person seeking limited leave to enter the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement may be admitted for a period not exceeding 12 months provided he is able, on arrival, to produce to the Immigration Officer a valid passport or other identity document and has entry clearance for entry in this capacity. A person seeking limited leave to remain in the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement may be granted limited leave for a period not exceeding 12 months provided the Secretary of State is satisfied that each of the requirements of paragraph 314 (i)-(xi) is met.
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    Adopted children

    Refusal of limited leave to enter or remain in the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement

    316. Limited leave to enter the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement is to be refused if, on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity. Limited leave to remain in the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 314 (i)-(xi) is met.

    Requirements for limited leave to enter the United Kingdom with a view to settlement as a child for adoption

    316A. The requirements to be satisfied in the case of a child seeking limited leave to enter the United Kingdom for the purpose of being adopted (which, for the avoidance of doubt, does not include a de facto adoption) in the United Kingdom are that he:

    (i) is seeking limited leave to enter to accompany or join a person or persons who wish to adopt him in the United Kingdom (the “prospective parent(s)”), in one of the following circumstances:

    (a) both prospective parents are present and settled in the United Kingdom; or

    (b) both prospective parents are being admitted for settlement on the same occasion that the child is seeking admission; or

    (c) one prospective parent is present and settled in the United Kingdom and the other is being admitted for settlement on the same occasion that the child is seeking admission; or

    (d) one prospective parent is present and settled in the United Kingdom and the other is being given limited leave to enter or remain in the United Kingdom with a view to settlement on the same occasion that the child is seeking admission, or has previously been given such leave; or

    (e) one prospective parent is being admitted for settlement on the same occasion that the other is being granted limited leave to enter with a view to settlement, which is also on the same occasion that the child is seeking admission; or

    (f) one prospective parent is present and settled in the United Kingdom or is being admitted for settlement on the same occasion that the child is seeking admission, and has had sole responsibility for the child’s upbringing; or

    (g) one prospective parent is present and settled in the United Kingdom or is being admitted for settlement on the same occasion that the child is seeking admission, and there are serious and compelling family or other considerations which would make the child’s exclusion undesirable, and suitable arrangements have been made for the child’s care; and

    (ii) is under the age of 18; and

    (iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

    (iv) can, and will, be maintained and accommodated adequately without recourse to public funds in accommodation which the prospective parent or parents own or occupy exclusively; and

    (v) will have the same rights and obligations as any other child of the marriage or civil partnership; and

    (vi) is being adopted due to the inability of the original parent(s) or current carer(s) (or those looking after him immediately prior to him being physically transferred to his prospective parent or parents) to care for him, and there has been a genuine transfer of parental responsibility to the prospective parent or parents; and

    (vii) has lost or broken or intends to lose or break his ties with his family of origin; and

    (viii) will be adopted in the United Kingdom by his prospective parent or parents in accordance with the law relating to adoption in the United Kingdom, but the proposed adoption is not one of convenience arranged to facilitate his admission to the United Kingdom.

    Limited leave to enter the United Kingdom with a view to settlement as a child for adoption

    316B. A person seeking limited leave to enter the United Kingdom with a view to settlement as a child for adoption may be admitted for a period not exceeding 24 months provided he is able, on arrival, to produce to the Immigration Officer a valid passport or other identity document and has entry clearance for entry in this capacity.

    Refusal of limited leave to enter the United Kingdom with a view to settlement as a child for adoption

    316C. Limited leave to enter the United Kingdom with a view to settlement as a child for adoption is to be refused if, on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity.
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    Adopted children

    Requirements for limited leave to enter the United Kingdom with a view to settlement as a child for adoption under the Hague Convention

    316D The requirements to be satisfied in the case of a child seeking limited leave to enter the United Kingdom for the purpose of being adopted in the United Kingdom under the Hague Convention are that he:

    (i) is seeking limited leave to enter to accompany one or two people each of whom are habitually resident in the United Kingdom and who wish to adopt him under the Hague Convention (“the prospective parents”);

    (ii) is the subject of an agreement made under Article 17(c) of the Hague Convention; and

    (iii) has been entrusted to the prospective parents by the competent administrative authority of the country from which he is coming to the United Kingdom for adoption under the Hague Convention; and

    (iv) is under the age of 18; and

    (v) can, and will, be maintained and accommodated adequately without recourse to public funds in accommodation which the prospective parent or parents own or occupy exclusively; and

    (vi) holds a valid United Kingdom entry clearance for entry in this capacity.

    Limited leave to enter the United Kingdom with a view to settlement as a child for adoption under the Hague Convention

    316E A person seeking limited leave to enter the United Kingdom with a view to settlement as a child for adoption under the Hague Convention may be admitted for a period not exceeding 24 months provided he is able, on arrival, to produce to the Immigration Officer a valid passport or other identity document and has entry clearance for entry in this capacity.

    Refusal of limited leave to enter the United Kingdom with a view to settlement as a child for adoption under the Hague Convention

    316F Limited leave to enter the United Kingdom with a view to settlement as a child for adoption under the Hague Convention is to be refused if, on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity.
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    Do you have a question?
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