A Complete Guide for families on Immigration Rules

When families make plans to move to the UK one of the most important issues is how children can join their parents. Appendix FM of the Immigration Rules establishes the main route for family members including children to enter and remain in the UK.

This guide from Leena Chouhan explains when Appendix FM applies to children. We explain how to make an application plus what eligibility requirements must be met. Also we address at how the rules apply in practice especially around concepts like sole responsibility and serious family considerations.

When does Appendix FM apply?

Appendix FM is used when children are applying to join a parent who is either applying under Appendix FM themselves or already holds leave under this route.

Since September 2025 it also covers applications from children of parents with protection status. This change followed the suspension of the refugee family reunion route making Appendix FM the only option for these cases.

Other parts of the Immigration Rules can also apply. Part 8 contains separate provisions for example:

• Paragraph 297: for children applying to join a settled parent

• Paragraph 301: for children joining parents with limited leave with a view to settlement

• Paragraph 303A: for children of a fiancé(e) or proposed civil partner

• Appendix Adoption: for adopted or soon-to-be-adopted children

• Work visa routes: specific rules apply where the parent holds leave under visas such as Skilled Worker

Although complex many requirements overlap and much has been shaped by case law.

The application process

Most child applications under Appendix FM are made at the same time as a parent’s. Applications outside the UK are completed online followed by payment of fees.

At the time of writing, the application fee is £1,938 with an Immigration Health Surcharge of £776 per year. As visas usually last for two years and nine months the surcharge totals £2,328.

After submitting the application the child attends a biometrics appointment at a visa centre accompanied by a responsible adult. Supporting documents must be uploaded or scanned and in more complex cases a covering letter is strongly recommended.

The Home Office Eligibility requirements

The rules for children are set out in Section E-ECC of Appendix FM. In short:

• The applicant must be under 18

• They must not be married, in a civil partnership, or living independently

• At least one parent must be in the UK (or applying at the same time) under Appendix FM

• The child must not fall for refusal under suitability grounds

In addition one of the following must apply:

1. The parent’s partner in the UK is also the child’s parent

2. The parent has sole responsibility for the child’s upbringing

3. There are serious and compelling family or other considerations which make exclusion undesirable

Financial requirements

The sponsoring parent must meet the minimum income threshold and show there is adequate accommodation. In essence, if they cannot the child’s application is unlikely to succeed.

Key legal concepts  for child applications under Appendix FM

Sole responsibility

Sole responsibility means one parent is making the key decisions in a child’s life. It is not the same as legal custody nor is it about day-to-day care which may be provided by others if the parent is abroad.

Where both parents are involved it is usually difficult to show sole responsibility. The Home Office expects evidence that the other parent has stepped back from decision-making.

Serious and compelling family considerations

If sole responsibility cannot be shown the alternative is to prove that refusing the child’s entry would be undesirable due to serious welfare concerns.

The decision maker must consider the child’s best interests. Relevant evidence can include:

• Medical or school reports

• Proof of neglect or unmet needs

• Details of unstable or inadequate care arrangements

Each case is fact-specific and requires detailed evidence.

Independent life and family unit

The rules also require that the child has not formed an independent family unit or started leading an independent life.

This usually means the child has no partner and is still living with their parent. Case law confirms that if a child chooses to live separately even while receiving financial support they may be considered independent.

Duration of leave

If successful the child is normally granted leave in line with their parent under Appendix FM. If the parent is settled but the child does not qualify for settlement the child will usually receive 30 months’ leave to remain.

Exceptional circumstances

Where strict requirements cannot be met decision makers must still consider whether refusing the application would breach the child’s rights. Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to treat the best interests of children as a primary consideration.

This “exceptional circumstances” provision can be vital in cases that do not fit neatly within the rules.

Closing note on child applications under Appendix FM

Applications for children under Appendix FM are detailed and often complex. Parents must provide strong evidence of their relationship, financial stability, and ability to meet the requirements. In many cases success depends on explaining issues like sole responsibility or demonstrating serious and compelling family circumstances.

Above all the Home Office will focus on what is in the child’s best interests. A carefully prepared application with the right evidence and a clear covering letter can make a real difference to the outcome.

For info please contact Leena Chouhan on 0207 427 5972 or email [email protected]