New Court of Appeal Decision Makes It Easier for Children to Get Indefinite Leave to Enter the UK
If you are applying for your child to join you in the UK permanently, a major Court of Appeal decision could significantly improve your chances.
In Kone v Secretary of State for the Home Department [2025] EWCA Civ 1653, the Court confirmed important points about children’s applications for Indefinite Leave to Enter (ILE) under paragraph 297(i)(f) of the Immigration Rules.
This judgment is especially relevant for families where both parents are in the UK, but only one parent is “settled” (for example, has Indefinite Leave to Remain or British citizenship).
What is Paragraph 297(i)(f)?
Paragraph 297(i)(f) is a route for a child to receive Indefinite Leave to Enter the UK where:
- one parent is present and settled in the UK, and
- there are serious and compelling family or other considerations that make the child’s
exclusion undesirable.
This route is often used when a child is living overseas and needs to join a parent in the UK permanently due to family circumstances, care needs, welfare concerns, or emotional dependency.
Key Change 1: BOTH Parents Can Be in the UK
For years, the Home Office often refused these applications if both parents were in the UK, arguing the “other parent” had to be outside the UK.
The Court of Appeal has now made it clear:
- A child can still qualify under paragraph 297(i)(f) even if both parents are in the UK, as long as one parent is settled.
This is a crucial clarification and removes a major obstacle that many families faced.
Key Change 2: The “Serious and Compelling” Test is About PRINCIPLE
The Court confirmed that the question is not whether the child will actually be removed or refused in practice.
Instead, it is a principled assessment:
- Would it be undesirable in principle for the child to be excluded from joining their settled parent in the UK?
This means the Home Office should focus on the child’s best interests, welfare, family relationships, and overall circumstances, not technical arguments about what might happen later.
Key Change 3: Previous Limited Leave Does NOT Defeat the Application
Sometimes, children may already have been granted limited leave, and the Home Office has used this to argue that the child does not meet the “serious and compelling” test.
The Court of Appeal rejected that approach:
- Any limited leave previously granted is legally irrelevant when assessing whether the child qualifies for indefinite leave under paragraph 297(i)(f).
Key Change 4: The “Shortest Leave” Policy Has No Proper Legal Basis
The Home Office has sometimes followed a practice of granting children leave only in line with the parent who has the shortest immigration permission (for example, matching the parent with limited leave).
The Court made clear that this practice is not supported by the Immigration Rules and undermines the purpose of family unity.
- Automatic grants of the “shortest leave” are not justified by the Rules.
Key Change 5: Reconsiderations Must Be Fair
In some cases, refusals under paragraph 297(i)(f) have been challenged through Judicial Review, and the Home Office later agrees to reconsider the decision.
The Court confirmed that:
- A reconsideration must assess the case properly as an indefinite leave application, based on its original merits — and should not be undermined by any later grants of limited leave.
What This Means for Families
This decision is excellent news for parents who are settled in the UK and want their child to join them permanently.
You may have a strong case under paragraph 297(i)(f) even if:
- both parents are currently living in the UK, and/or
- the other parent only has limited leave, and/or
- the child was previously granted limited leave rather than indefinite leave.
The key focus should be on proving that there are serious and compelling family or other considerations, such as:
- the child’s welfare and best interests
- care arrangements overseas
- emotional dependency and family separation
- education and stability
- medical needs or safeguarding concerns
- the practical reality of the child’s situation and who is responsible for them.
Previously Refused? You May Now Be Able to Challenge the Decision
If your child’s application was refused because both parents were in the UK, this decision may provide strong grounds to challenge that refusal.
In appropriate cases, this could involve:
- requesting a reconsideration, and/or
- pursuing a Judicial Review, depending on the situation and deadlines.
How We Can Help
Children’s settlement applications can be complex, and success often depends on presenting the right legal arguments and the right evidence.
Our immigration team can help you:
- assess whether paragraph 297(i)(f) is the right route
- prepare the strongest evidence supporting “serious and compelling” circumstances
- respond to Home Office concerns and refusals
- advise on reconsiderations and Judicial Review where necessary.
If you would like advice on your child’s application, contact us for a consultation.
