UK Requirements for Children to Join Sole Responsibility Parent or Due to Serious and Compelling Considerations


Produced in partnership with Katie Dilger of Wesley Gryk Solicitors LLP and Frances Allen of Goldsmith Chambers
Practice notes

UK Requirements for Children to Join Sole Responsibility Parent or Due to Serious and Compelling Considerations


Produced in partnership with Katie Dilger of Wesley Gryk Solicitors LLP and Frances Allen of Goldsmith Chambers

Practice notes
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The following alternative Requirements apply to numerous applications under the Immigration Rules that involve children:

  1. •

    sole responsibility, and

  2. •

    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.

These provisions are generally only relevant where a child will be residing with just one parent in the UK following the grant of leave (unless the other parent is dead) or, in the case of serious and compelling considerations, where a child is joining one parent or, in Immigration Rules, Part 8, para 297, a non-parent relative.

Para 297 (as amended) provides an example:

'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

Katie Dilger
Katie Dilger

Solicitor, Wesley Gryk Solicitors LLP

Katie is a Senior Solicitor at Wesley Gryk, a specialist immigration firm. Her practice covers a full range of immigration and nationality matters. She has a particular specialisation in complex family cases under the Immigration Rules and on the basis of Article 8 of the European Convention on Human Rights, the right to family and private life. She acts for a wide range of individuals and families.

Since 2016, Katie has been a co-convenor of the Family and Personal Migration working group of the Immigration Law Practitioners’ Association
(ILPA). She is also a deputy editor of the Journal of Immigration, Asylum & Nationality Law.

Katie was part of the LexisPSL team from 2016 to 2017.

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Frances Allen
Frances Allen

Goldsmith Chambers

Frances is a specialist in immigration, human rights and asylum law and has advised, drafted grounds and represented at all levels including public direct access.

Frances has presented lectures to practitioners and specialist groups and was a member of the fact-finding mission sent by the Parliamentary Human Rights Group to Pakistan in October 2006. The team's report, entitled Parliamentary Human Rights Group Report: "Rabwah: A place for Martyrs", formed the basis for the AIT's country guidance case of IA and Others (Ahmadis: Rabwah) Pakistan CG [2007] UKAIT 00088.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Exclusion definition
What does Exclusion mean?

A disciplinary penalty in which a pupil is made to leave a school, either for a fixed period, or permanently.

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