Indefinite Leave to Remain Granted on Sole Responsibility Basis
29.08.2025
Co-author: Nelli Tesis.
Proving sole responsibility is one of the most complex requirements in UK immigration law when bringing children to join a parent in the UK. The Home Office demands strong evidence that only one parent has consistently made the key decisions in the child’s life. The case below, handled by our lawyers, illustrates how we successfully obtained Indefinite Leave to Remain for two children based on their mother’s sole responsibility.
Legal Background
When a parent in the UK seeks to bring their children from abroad, the application often hinges on the definition of sole responsibility. The Home Office defines this as follows:
Sole responsibility means that one parent has been and continues to be the parent responsible for the child’s upbringing, including making all the important decisions in the child’s life. (Appendix Children’s guidance)
This definition is particularly important under Immigration Rules, paragraph SW 32A.1 and Appendix Children (CHI 3.1 – CHI 3.2). The Rules state that a child’s parents must either both be applying for leave at the same time, or already have permission to remain in the UK (other than as a visitor), unless one of the following applies:
- The parent in the UK is the sole surviving parent; or
- The parent in the UK has sole responsibility for the child’s upbringing; or
- There are serious and compelling reasons for the child to join the parent in the UK.
In addition, Section 55 of the Borders, Citizenship and Immigration Act 2009 requires that all immigration decisions affecting children must take into account their best interests.
In practice, sole responsibility must be evidenced not only by the absence of the other parent’s involvement, but also by proof that the UK-based parent has made and continues to make key decisions about the child’s welfare, education, and health.
The Successful Case
Our client, a mother in the UK on a Skilled Worker visa, faced exactly this challenge. She had divorced the children’s father 4 years ago. While she initially moved to the UK to work and establish financial stability, her two children remained abroad in the care of their grandmother.
For more than 3 years, the family was separated. The mother continued to support her children financially and emotionally from the UK, while preparing the way for them to join her. When she applied for the children to enter the UK as her dependents, the Home Office questioned whether she could demonstrate sole responsibility.
The application relied on paragraph SW 32A.1(b), that she, as the Skilled Worker visa holder, had sole responsibility for the children’s upbringing. To evidence this, we gathered:
- Official letters from the children’s schools confirming that the mother was the primary decision-maker regarding their education;
- Letters from medical practitioners confirming her authority in relation to health matters;
- A signed statement from the father himself confirming that he no longer had an active role in the children’s lives.
Despite this, the authorities initially requested further proof. We assisted our client in collecting additional supporting documents, including letters from family friends, the grandmother, and other relatives, all confirming that the mother had sole responsibility for the children’s upbringing and daily decisions.
Ultimately, by presenting a strong, consistent case, supported by multiple sources, we demonstrated that the mother was indeed the sole responsible parent. The application was approved, and the children were successfully reunited with their mother in the UK.
This case highlights the complexity of proving sole responsibility under UK immigration law. Even when parents are divorced and the non-resident parent has no active involvement, the Home Office requires extensive evidence to be satisfied.
Applicants in similar circumstances should be aware that relying solely on divorce documents or a father’s consent is often not enough. A wide range of independent evidence is usually required.
If you are facing similar difficulties in proving sole responsibility or bringing your children to the UK, please contact Sterling Law. Our experienced immigration lawyers will carefully assess your case and provide the best possible strategy to secure a successful outcome.
