Sole responsibility

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Sole responsibility

Postby vinny » Fri Jul 15, 2016 2:09 am

Immigration Rules:

A280(b),
297(i) wrote:(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


May also apply to

319H(f) and 319J(e).

E-ECC.1.6(b) or (c)
E-LTRC.1.6(b) or (c)
(a) the applicant’s parent’s partner under Appendix FM is also a parent of the applicant;or
(b) the applicant’s parent has had and continues to have sole responsibility for the child’s upbringing; or
(c) 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.


197 wrote:(vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole surviving parent; or
(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and


Guidance and Caselaws:

See also SET7.8 What is sole responsibility? and Annex M - General guidance part 1 & part 2 - guidance on interpretation of the rules > 4. SOLE RESPONSIBILITY - PARAGRAPHS 297(i)(e), 298(i)(c) & 301(i)(b) and TD (Paragraph 297(i)(e): sole responsibility) Yemen [2006] UKAIT 00049 and NA (Bangladesh) & Ors v Secretary of State for the Home Department [2007] EWCA Civ 128 (24 January 2007)
The best interests of children living outside the United Kingdom.
Family life as a parent: the new rules
Sole responsibility and exclusion undesirable

Example.
Please click on any given links for further information.

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vinny
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