Sole responsibility

[vinny]

Note: Example and helpful advice below.

See also Why can’t my children join me in the UK?

Immigration Rules:

A277, A280(b),

(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and

May also apply to

319H(f) and 319J(e).

E-ECC.1.6(b) or (c)
E-LTRC.1.6(b) or (c)

(a) the applicant’s parent’s partner under Appendix FM is also a parent of the applicant;or
(b) the applicant’s parent has had and continues to have sole responsibility for the child’s upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.

(vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole surviving parent; or
(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and

Guidance and Caselaws:

See also SET7.8 What is sole responsibility? and Annex M - General guidance part 1 & part 2 - guidance on interpretation of the rules > 4. SOLE RESPONSIBILITY - PARAGRAPHS 297(i)(e), 298(i)(c) & 301(i)(b) and TD (Paragraph 297(i)(e): sole responsibility) Yemen [2006] UKAIT 00049 and NA (Bangladesh) & Ors v Secretary of State for the Home Department [2007] EWCA Civ 128 (24 January 2007)
Family life (as a partner or parent), private life and exceptional circumstances
The best interests of children living outside the United Kingdom.
Family life as a parent: the new rules

Sole responsibility and exclusion undesirable > Mundeba (s.55 and para 297(i) (f)) Democratic Republic of Congo [2013] UKUT 88 (IAC) (26 February 2013)
Scottish judge: discrimination based on immigration status unlawful > DN AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

Children Route Applications Under the Immigration Rules : Part 8 Of The Rules Largely Preserved

Example.

Also helpful advice:

I recently assisted a client to make a successful settlement application for her child based on sole responsibility. She got the father to write a statement confirming that he had no involvement with the child and that she had raised her daughter by herself. She also obtained letters from her child’s school and church pastor to the same effect and from other family members. You could also get a letter from her doctor to confirm that all the child’s medical appointments have been carried out with only the mother?

Some caselaws.

The Law

12. The issue in this appeal was whether the sponsor “has had sole responsibility for the appellant’s upbringing” or, whether there are serious and compelling family or other considerations which make exclusion of the appellant undesirable and suitable arrangements are made for the child’s care.

13. It is evident from TD (Paragraph 297(i)(e): “sole responsibility”) Yemen [2006] UKAIT 00049 that the issue of sole responsibility is fact-specific and requires a detailed analysis of all the evidence. It is evident also that the responsibility may have been for a short duration as present arrangements may have begun quite recently and it may be that responsibility is shared between different people. It is of course for the appellant to show that sole responsibility has been exercised by, in this case, the sponsor.

14. In Nmaju, the issue considered was slightly different given that the wording of the Rule at that point was “one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has the sole responsibility for the child’s upbringing”. The difference with the current formulation is the addition of the word “had” after “has”. The Court of Appeal made it clear at [15] to [23] that there was no requirement in the immigration rules that sole responsibility needed to have been exercised for a minimum duration, but it did not conclude that the length of time spent exercising sole responsibility was irrelevant [24].

HU221682018 [2020] UKAITUR HU221682018 (17 July 2020)
HU200132018 & HU200152018 [2019] UKAITUR HU200132018 (11 December 2019)

[vinny]

Appendix Children Caseworker Guidance.

In-country settlement applications for children and the different sole responsibility requirements

[vinny]

Making sense of sole responsibility for child visas in immigration law.

Parenting under immigration and family law Sole responsibility is outdated and at odds with the Children Act

[vinny]

CHI 3.2.

The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a Visitor) unless:

• (a) the parent applying for or with entry clearance or permission to stay is the sole surviving parent or has sole responsibility for the child’s upbringing; or
• (b) the parent who does not have permission:
  • (i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
  • (ii) lives, or intends to live, in the UK; or
• (c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with the parent who is applying for or has entry clearance or permission or who is covered by CHI 3.2.(b).

Home Office Guidance

Sole parental responsibility
Serious and compelling reasons