Sole Responsibility for Child's Upbringing
When applying under paragraph 297(i)(v) of the Immigration Rules, the sponsoring parent must demonstrate they have had sole responsibility for the child's upbringing. Sole responsibility is determined based on all evidence, focusing on whether the parent has continuous control and direction over the child’s upbringing, making all significant decisions in the child's life. If both parents are involved in the child's upbringing, it is rare for one to be deemed to have sole responsibility. The purpose of paragraph 297 is to maintain or achieve family unity. Under sub-paragraphs (a) to (d) of paragraph 297(i), the child accompanies or joins their parents in the UK. However, paragraph 297(i)(e) pertains to situations where one parent is in the UK and the other remains abroad. The sole responsibility requirement acts as a control mechanism to ensure family unity, except in cases where it is necessary to separate the child from a parent who remains involved in their upbringing abroad.
Adequate Maintenance Requirement
To qualify for ILE as a child of a British citizen or settled person, the applicant must meet the adequate
maintenance requirement. This means that, after deducting income tax, national insurance
contributions, and housing costs, the remaining income or funds must be at least equivalent to what
would be available if the family were receiving income support.
Decision-makers must use the following formula to assess the financial position:
A−B≥CA - B \geq CA−B≥C
Where:
1- AAA is the net income (after income tax and National Insurance contributions).
2- BBB is the housing costs.
3- CCC is the amount of Income Support an equivalent British family of the same size would
receive.
The Immigration Rules do not specify a fixed level of income or funds for adequate maintenance, as it
depends on the number of dependants in the family unit. If dependants are accompanying the main
applicant to the UK, sufficient resources must be available for the entire family unit to be adequately
maintained.
Our specialist team of immigration solicitors can assess your personal circumstances, including
household members, net income, and housing costs, to determine whether you meet the adequate
maintenance requirement.
Adequate Accommodation Requirement for Child Visa Entry Clearance UK
The applicant must provide evidence of adequate accommodation for the family, including other family members not included in the application but living in the same household, which is owned or exclusively occupied by them without recourse to public funds. Accommodation is considered inadequate if it is overcrowded or violates public health regulations.
