Leave to remain under the parental route
01.04.2021
Two successful applications for leave to remain under the parental route.
Our clients both parents of children in the UK had no status in the UK when they approached Sterling Law.
One of our clients was the parent of a British child, although he was no longer in a relationship with the other parent, our client maintained a relationship with his child and was involved in her upbringing. The other clients were the parents of a child who had resided in the UK continuously for 7 years.
Accordingly, applications were made on behalf of our clients for leave to remain in the UK on the basis of their family and private life, and in particular on the basis of their parental relationship with their children.
In order to be successful in an application for leave as a parent of a qualifying child[1], it must be demonstrated by the Applicant that it would be unreasonable for the child to leave the UK. This is enshrined in section 117B of the Immigration Act 2014
117B (6) Immigration Act 2014:
In the case of a person who is not liable to deportation, the public interest does not require the person’s removal where—
(a)the person has a genuine and subsisting parental relationship with a qualifying child, and
(b)it would not be reasonable to expect the child to leave the United Kingdom.
Therefore, Applicant’s must ensure that they provide the Home Office with sufficient evidence to demonstrate their claim that it would be unreasonable for their child(ren) to leave the UK as this is vital to the success of the application.
In both the above cases, upon the advice of Oksana Demyanchuk, our clients were able to provide ample evidence that it was unreasonable for their children to leave the UK and therefore, their applications were successful and leave to remain was granted. Even more impressively, the applications were processed within 6 weeks!
[1] A qualifying child is a child that is a British citizen or has resided in the UK for 7 years continuously.
Oksana Demyanchuk
Email: oksana@sterling-law.co.uk
Tel. 020 7822 8535
Michael Carter
Email: michael@sterling-law.co.uk
Tel. 020 7822 8535
