The basic requirements for the entry of children to the UK are set out at paragraph 297 of the Immigration Rules and are that the person:

(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 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.

These rules appear complex. In summary, if one parent is deceased and the other lives in or is moving to the UK, the child will normally be granted entry clearance. If both parents are in or are moving to the UK, the child will normally be granted entry clearance. Problems only arise if one parent remains outside the UK.

In these circumstances, the UK-based parent will have to demonstrate either that:

• He or she has sole responsibility for the upbringing of the child. This refers to the fundamental decisions in a child’s upbringing, not day to day care of the child. Financial responsibility is relevant but not necessarily decisive.
• There are serious or compelling family or other considerations that would make the exclusion of the child undesirable.

The other requirements of the Rules, such as adequate maintenance and accommodation must also be satisfied.

How to apply

An application for Entry Clearance must be made at the nearest British entry clearance post.