Stay on the Basis of British Child

Page 12 wrote:Under sections E-ECPT 2.1-2.2 and section E-LTRPT 2.2 of the Immigration Rules, for an applicant to qualify for leave on the five year parent route, the child of the applicant must be:

 under the age of 18 at the date of application
 living in the UK, and
 a British citizen or settled in the UK.

A parent cannot rely on their relationship with a child who is overseas to obtain leave in this route.

page 26 wrote:Does the applicant have limited leave to remain in the UK?
To be eligible to switch into the five year parent category, the applicant must not be in the UK:

 as a visitor
 with valid leave granted for a period of six months or less:
o unless this leave was granted pending the outcome of family court or divorce
proceedings
 on temporary admission or temporary release
o unless paragraph EX.1. applies
 in breach of the immigration laws (disregarding any period of overstaying of less than 28
days).

You must refuse a person applying as a parent if they are eligible to qualify as a partner under
appendix FM (that is, they are in a subsisting relationship with a British citizen or person
settled in the UK).

Such applicants may be able to meet the immigration status requirement but will not meet the
requirements at section E-LTRPT 2.3 (a) and (b) (ii) (iii) of the Immigration Rules.