Immigration Rules Appendix Children

This Appendix sets out the requirements for applications made by children.

This appendix takes into account the need to safeguard and promote the welfare of children in the UK, in line with the Secretary of State’s duty under section 55 of the Borders, Citizenship and Immigration Act 2009.

It applies to applications on specified routes as set out in this Appendix.

Applicant applying as a dependent child

  1. This section applies to the following routes (to the extent set out in the route), where the applicant is applying as a dependent child:
    1. • Appendix HM Armed Forces
    2. • Appendix International Armed Forces and International Civilian Employees
    3. • Appendix Settlement Protection
    4. • Appendix Student
    5. • Appendix Graduate
    6. • Appendix Skilled Worker
    7. • Appendix Global Business Mobility – Senior or Specialist Worker
    8. • Appendix Global Business Mobility – Graduate Trainee
    9. • Appendix Global Business Mobility – UK Expansion Worker
    10. • Appendix Global Business Mobility – Service Supplier
    11. • Appendix Global Business Mobility – Secondment Worker
    12. • Appendix T2 Minister of Religion
    13. • Appendix Representative of an Overseas Business
    14. • Appendix UK Ancestry
    15. • Appendix Global Talent
    16. • Appendix High Potential Individual
    17. • Appendix Scale-up
    18. • Appendix Start-up
    19. • Appendix Innovator Founder
    20. • Appendix International Sportsperson
    21. • Appendix Domestic Workers in a Private Household
    22. • Appendix Temporary Work – Creative Worker
    23. • Appendix Temporary Work – Religious Worker
    24. • Appendix Temporary Work – Charity Worker
    25. • Appendix Temporary Work – International Agreement
    26. • Appendix Temporary Work – Government Authorised Exchange
    27. • Appendix Hong Kong British National (Overseas)
    28. • Appendix Family Reunion (Protection)
    29. • Appendix Child staying with or joining a Non-Parent Relative (Protection)
    30. • Appendix Victim of Domestic Abuse
    31. • Appendix Bereaved Partner
    32. • Appendix Adoption
    33. • Appendix Private Life
    34. • Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997.

Age Requirement

CHI 1.1. The applicant must be under the age of 18 on the date of application unless CHI 1.2 applies.

  1. CHI 1.2. The applicant may be aged 18 or older on the date of application if the applicant was last granted entry clearance or permission to stay as the dependent child of their parent or parents, and either:
    1. (a) the entry clearance or permission to stay is valid on the date of application or expired no more than 14 days before the date of application, except that where paragraph 39E applies that period of overstaying will be disregarded; or
    2. (b) the applicant is applying as a dependent child under Appendix Bereaved Partner or Appendix Victim of Domestic Abuse.

Independent Life Requirement

CHI 1A.1. The applicant must not be leading an independent life.

Care Requirement

CHI 2.1. If the applicant is under the age of 18 on the date of application, there must be suitable arrangements for the child’s care and accommodation in the UK which must comply with relevant UK law.

Relationship Requirement: Entry Clearance and Permission to Stay

  1. CHI 3.1. Where the application is for entry clearance or permission to stay, the applicant must be the child of a parent (P) where one of the following applies:
    1. (a) P has entry clearance or permission to stay on the same route the applicant is applying for; or
    2. (b) P is, at the same time, applying for (and is granted) entry clearance or permission to stay on the same route the applicant is applying for; or
    3. (c) P is settled or has become a British citizen, providing P previously had permission to stay on the same route the applicant is applying for and the applicant had permission as P’s child at that time or was born since P’s last grant of permission and before P settled; or
    4. (d) P is settled or has become a British citizen, providing P had permission on the UK Ancestry route when they settled and the applicant is applying on the UK Ancestry route; or
    5. (e) the applicant is applying under Appendix HM Armed Forces and P is:
      1. (i) a member of HM Armed Forces who is exempt from immigration control; or
      2. (ii) at the same time applying for (and is being granted) settlement as a HM Armed Forces service leaver; or
      3. (iii) settled or is a British citizen and P had permission (or exemption) as a member of HM Armed Forces before they were granted citizenship; or
    6. (f) the applicant is applying under Appendix International Armed Forces and P is a member of an International Armed Forces exempt from immigration control.
  1. CHI 3.2. The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a Visitor) unless:
    1. (a) the parent applying for or with entry clearance or permission to stay is the sole surviving parent or has sole responsibility for the child’s upbringing; or
    2. (b) the parent who does not have permission:
      1. (i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
      2. (ii) lives, or intends to live, in the UK; or
    3. (c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with the parent who is applying for or has entry clearance or permission to stay or who is covered by CHI 3.2.(b).

CHI 3.3. If the applicant was born in the UK and is the child of a person with permission or their partner, the applicant must provide a full UK birth certificate showing the names of their parent(s).

Relationship Requirement: Settlement

  1. CHI 4.1. Where the application is for settlement, the applicant must be the child of a person (P) where one of the following applies:
    1. (a) P is, at the same time, being granted settlement on the same route the applicant is applying for; or
    2. (b) P is settled or has become a British citizen, providing P previously had permission on the same route the applicant is applying for or;
    3. (c) the applicant is applying under Appendix HM Armed Forces and P:
      1. (i) is a member of HM Armed Forces exempt from immigration control with at least 5 years’ reckonable service; or
      2. (ii) has been granted or, is at the same time applying for (and is being granted) settlement as a HM Armed Forces service leaver; or
      3. (iii) has leave to enter or remain under this Appendix or Part 7 paragraphs 276E-QA of these Rules or under the concession which existed outside these Rules whereby the Secretary of State exercised their discretion to grant leave to enter or remain to a member of HM Forces who has been medically discharged; or
      4. (iv) is settled or is a British citizen and P had permission (or exemption) as a member of HM Armed Forces before they were granted citizenship.
  1. CHI 4.2. The applicant must:
    1. (a) have last been granted permission as a dependent child of P in CHI 4.1; or
    2. (b) have been born in the UK and be applying as a child of P in CHI 4.1; or
    3. (c) where the application is under Appendix UK Ancestry, the applicant must be applying as a child of P in CHI 4.1; or
    4. (d) have last been granted permission under Appendix Adoption as the child of P in CHI 4.1; or
    5. (e) where (a), (b), (c) and (d) do not apply and the application is under Appendix Bereaved Partner or Appendix Victim of Domestic Abuse, the applicant must have been born overseas after P’s grant of permission as a partner and be applying as a child of P in CHI 4.1.
  1. CHI 4.3. The applicant’s other parent (who is not the person (P)) in CHI 4.1. must be being granted settlement at the same time, or be settled or a British citizen, unless:
    1. (a) the person (P) in CHI 4.1. is the applicant’s sole surviving parent or has sole responsibility for the applicant’s upbringing; or
    2. (b) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant settlement; or
    3. (c) the applicant is applying as a dependent child under Appendix Victim of Domestic Abuse.

CHI 4.4. If the applicant was born in the UK and is the child of a person with permission, or their partner, the applicant must provide a full UK birth certificate showing the names of their parent(s).

Applicant not applying as a dependent child

  1. This section applies to the following routes, where the applicant is not applying as a dependent child under:
    1. • Appendix Child Student
    2. • Appendix International Sportsperson
    3. • Appendix Returning Resident
    4. • Appendix Short-term Student (English language)
    5. • Appendix Student
    6. • Appendix Temporary Work – Creative Worker
    7. • Appendix Temporary Work – Government Authorised Exchange
    8. • Appendix UK Ancestry
  1. CHI 5.1. If the applicant is under the age of 18 on the date of application, they must have written consent from:
    1. (a) both parents; or
    2. (b) one parent, if that parent has sole responsibility for the applicant; or
    3. (c) the applicant’s legal guardian.
  1. CHI 5.2. The written consent must provide contact details of the parent(s) or legal guardian and confirm consent is given for all of the following:
    1. (a) the application; and
    2. (b) the applicant’s living and care arrangements in the UK; and
    3. (c) if the application is for entry clearance, the applicant’s travel to, and reception arrangements in, the UK.