The Child Settlement Route: A Guide to Paragraph 297, Part 8 of the Immigration Rules
- Michael Crago
- Oct 8
- 3 min read
Bringing a child to join a British or settled parent in the UK is governed by strict rules designed to protect the child's welfare and ensure family unity. While many modern family applications fall under Appendix FM, Paragraph 297 under the older Part 8 of the Immigration Rules remains the critical framework for granting Indefinite Leave to Enter (ILE)—immediate settlement—to a child coming from overseas.
This route demands precision, particularly regarding parental responsibility. At Nuvora, we specialise in navigating these complex, evidence-heavy family immigration matters.
What is Paragraph 297?
Paragraph 297 sets out the circumstances under which a child under the age of 18 can be granted Indefinite Leave to Enter (ILE) to accompany or join their parent(s) in the UK who are already settled (have ILR) or are being admitted for settlement on the same occasion.
This is an ILE application, meaning if successful, the child obtains immediate permanent settlement upon arrival; they do not need to serve a probationary period.
Eligibility Requirements (The Six Conditions)
The core requirements for the child applicant, applicable in all cases, are:
Age: The child must be under 18 years old on the date of application.
Not Independent: The child must not be leading an independent life, nor be married, in a civil partnership, or have formed an independent family unit.
Relationship: The child must be related as claimed (i.e., the biological or legally adopted child of the sponsor).
Adequate Accommodation: The child can and will be accommodated adequately without recourse to public funds in accommodation exclusively owned or occupied by the sponsor.
Adequate Maintenance: The child can and will be maintained adequately by the sponsor without recourse to public funds.
Valid Entry Clearance: The child must hold a valid Entry Clearance visa for this capacity.
The Critical Scenarios (Parental Status)
The most complex requirement under Paragraph 297 is proving the child's relationship and eligibility based on the parental circumstances. The child must be joining a parent(s) in one of the following scenarios:
Scenario | Condition | Evidential Focus |
A. Family Unit | Both parents are present and settled in the UK, OR both parents are being admitted for settlement on the same occasion. | Simple: Prove parents' status and simultaneous settlement. |
B. Sole Surviving Parent | One parent is present and settled (or being admitted for settlement) and the other parent is dead. | Prove the death of the non-settled parent. |
C. Sole Responsibility | One parent is present and settled (or being admitted for settlement) and has sole responsibility for the child's upbringing. | High Bar: Prove the settled parent makes all major decisions (education, health, finance) exclusively, with the other parent having abdicated involvement. |
D. Exclusion Undesirable | One parent (or relative) is settled, and there are serious and compelling family or other considerations which make the exclusion of the child undesirable, and suitable care arrangements are made. | Very High Bar: Requires exceptional circumstances (e.g., severe neglect, abuse, or highly compelling compassionate grounds in the country of residence). |
The Challenge: Proving 'Sole Responsibility'
Scenario C is the main hurdle in one-parent applications. Sole Responsibility is a factual test:
It is not sufficient to show day-to-day care is absent; you must show exclusive control over all major life decisions.
Where both parents are alive and involved, it is rare for one to demonstrate sole responsibility, even if separated. The existence of a court order granting sole custody is the strongest evidence, but even this is closely scrutinised.
The Application Process and Cost
Applications for ILE under Part 8 use the standard entry clearance process.
Preparation: Determine which of the six parental scenarios applies (especially proving sole responsibility, if required).
Submission: The application is made online from outside the UK as an Entry Clearance application.
Cost: The application fee for ILE for a child (which is a form of settlement) is approximately £3,029 (as of 2025). This fee applies to every child applicant.
No English/Life in the UK Test: Children under 18 are exempt from the Knowledge of Language and Life in the UK (KoLL) requirements.
The Path to British Citizenship
A child successfully granted ILE under Paragraph 297 has permanent settlement status immediately.
They can generally apply for British Citizenship via section 3(1) of the British Nationality Act 1981 after 2 years of residence in the UK, provided their parents also naturalise, or they can wait until they are 18 and apply as an adult.
Book a consultation today with one of our IAA-qualified immigration professionals. The successful submission of a Part 8 child application—particularly one relying on 'Sole Responsibility' or 'Exclusion Undesirable'—requires expert legal argument and meticulous evidence compilation.
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