I Want To Come To The UK And Bring My Children; My Spouse Is Not Coming With Me. Is That A Problem?

The basic position is that where a family is seeking to relocate to the UK, the Immigration Rules expect that both parents will live in the UK with their children.  

In reality however, there are many cases where it is not possible for both parents to relocate to the UK, for example because one parent is in full-time overseas employment.

In such cases, for the child’s immigration application to succeed, the Home Office will need to be satisfied that:

• The parent who will be relocating to the UK is in fact solely responsible for the child’s upbringing; and/or
• There are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the child’s care.

Applications made under these provisions will be discretionary in nature and accordingly, require careful and diligent preparation.

How can we help?

Gherson’s General Immigration Team are experienced in complex dependent child applications. Please do not hesitate to contact us to discuss your options, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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