I have a query about UK immigration rules that I have not been able to work out for myself entirely satisfactorily.
It basically concerns what is meant by ‘limited leave to remain with a view to settlement’ and the status of someone who has entered the UK as a child dependent of an adult alien who has been given permission to work in the UK, where the child dependent has now passed the age of eighteen.
The Rules are not clear enough and the guidance is even less helpful. Does ‘limited leave to remain with a view to settlement’ include someone who is given a five-year visa with the right to work, who at the end of five years may apply for indefinite leave to remain?
Where that person entered the UK with a child who was then a minor but is now over eighteen years of age, Rule 302 seems to apply:
"302. A person seeking limited leave to enter the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement may be admitted for a period not exceeding 27 months provided he is able, on arrival, to produce to the Immigration Officer a valid United Kingdom entry clearance for entry in this capacity. A person seeking limited leave to remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement may be given limited leave to remain for a period not exceeding 27 months provided the Secretary of State is satisfied that each of the requirements of paragraph 301 (i)-(v) is met."
However the young person in this case was given a five-year visa, like the parent.
Ryszard Wilson Piotrowicz
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