What are the requirements for temporary or permanent settlement in UK for children adopted under Hague Convention, Parents and other dependants of a settled person, and the partner and children of a migrant?


The UK immigration process is defined by certain laws that have been passed over the years. These laws define procedure for the UK government to abide by when making decision on immigration cases of any visa category (such as tier 1 investment visa UK, tier 4 student visa, tier 5 visit visa, UK business entrepreneur visa etc.).

The Home Office comes under the authority of the Secretary of State and is responsible for handling all immigration cases in the UK. Part 9 of the UK Immigration Rules defines regulatory procedure and requirements that need to be fulfilled for different types of family members, applying for various forms of reasons. These reasons can range from settlement procedure for a child who is being adopted, to requirements for limited stay for dependants of already settled family members.

Requirements for UK Temporary Stay for a Child being adopted under the Hague Convention

Conditions that need to be fulfilled by a child being adopted under the Hague Convention are listed as:

  • The prospective parents of the child, who intend to adopt him/her, must be consistent residents of the UK;
  • The adoption is being done under grounds defined in the Hague Convention;
  • The child being adopted must be less than 18 years old;
  • The parents must prove that they possess the necessary finances to provide for the child, and will not require at any point in time to resort to public funds to provide for the child;
  • The child must be in possession of an entry clearance document at the time of arrival in the UK.

The limited period of stay granted to the child being adopted is 2 years or less under the Hague Convention, given the relevant entry clearance document is shown to an Immigration Officer upon arrival in the UK. In the circumstances that a valid entry clearance document cannot be shown to the Immigration Officer, entry into the country can be refused.

Requirements for Parents, Grandparents or other Dependants of a Settled Person to Temporarily or Permanently Stay in the UK

  • The relation to the person who holds nationality of the UK must be in one of the following ways:
  • A parent or grandparent over the age of 65, who is dependent on the settled person due to being single, separated, divorced or widowed; or
  • Parents or grandparents who are coming to the country together, out of whom one is over the age of 65; or
  • The parent or grandparent is currently more than 65 years old, and has entered into a second marriage but is unable to get any financial support from the marriage. And the person settled wishes to provide for his/her parent/grandparent by inviting them to the UK as their dependant; or
  • Although under the age of 65, the parent or grandparent applying as a dependent is residing outside of the UK under extraordinary circumstances; or
  • The person applying as a dependent is joining a person who is already settled in the UK;
  • The person applying is dependent on the person settled in the UK financially;
  • The person settled in the UK possesses the necessary finances to provide for the dependant, and will not require at any point in time to resort to public funds to provide for the dependant;
  • The dependant of the settled person has no one else in his/her country who can adequately look after him/her;
  • The dependant must be in possession of an entry clearance document at the time of arrival in the UK;
  • The dependant must not fall on any of the grounds for refusal, as listed in Part 9 of the UK Immigration Rules.

Under the above met circumstances, permission for permanent residence can be granted to the individual by the UK government given that he/she provides a valid entry clearance document to the Immigration Officer upon arrival in the UK. However, the Home Office can refuse any person permission for settlement if the circumstances described above are not met.

Requirements to Enter the UK for Partners of Migrants who are in the Country based on the Points-Based System

The Points-Based System, in this case, is referring to migrants who entered the UK on a Tier 1 visa, Tier 2, Tier 4 (General) Student or the Tier 5 Temporary Worker visa. Furthermore, the ‘partner’ who wishes to come to the UK to join his/her partner must be in a marriage, civil partnership or be an unmarried/same-sex partner (akin to a marriage). Further information regarding these requirements to be recognized as a partner is defined in the UK Immigration Rules.

The below listed requirements must be met by the partner:

  • The person applying as the migrant’s partner must not have entered the UK illegally if he/she wishes to apply for permanent settlement;
  • The person applying as the migrant’s partner must not fall on any of the general grounds for refusal listed in Part 9 of the UK Immigration Rules;
  • The migrant who was granted entry on the Points Based System must have been granted permanent residency in the UK;
  • Neither the partner applying to enter, nor the migrant in the UK under the Points Based System, should be involved in any other relationship or marriage;
  • The couple should not be related to each other at a level where the marriage or partnership becomes illegal under UK law;
  • The couple must have been together for at least 2 years;
  • The couple must have the intention of permanently carrying out the relationship in the future, and substantial proof must be provided to assert this claim;
  • The partner applying to enter UK to join the migrant must have the intention to stay for the same period as that granted to the migrant;
  • The partner must possess the necessary finances to stay in the UK and financial stability must be proven in the visa application;
  • The partner must not be currently in possession of any entry clearance document provided for any other purpose;
  • The migrant who is in the UK under the Points Based System must be sponsored by a competent body, as is the requirement of his/her visa;
  • The partner applying to join the migrant must be in no violation of any of the laws of the United Kingdom including overstaying past the legal limit that was granted to him/her. However, it should be noted that overstaying for 28 days past the legal limit is not counted as a breach of UK law.

The time period on which the partner applying to join the migrant is one of the following described below:

  • If the migrant was granted permission to stay for a temporary period of time, the partner will also be granted temporary stay where the period of stay will be the same as that of the migrant. Furthermore, the period of stay will also end with the migrant’s period of stay.
  • If the migrant has been given permission to permanently settle in the country by the UK government, the partner applying to join the migrant will be first given permission to stay for a period of 3 years.

In the scenario where permission is granted to the partner to enter the UK, the partner will be restricted to abide by certain conditions set forth prior to the entry which are:

  • The partner will not be allowed to demand public funds for any purpose for which they are being sort;
  • The partner will register with the police, if asked, depending on the migrant’s visa type;
  • The partner cannot seek employment as a professional sportsperson or coach
  • The partner cannot seek employment as a dentist or a doctor unless his/her degree is recognized by the UK as being the equivalent of a Bachelor’s, Master’s or PhD degree.

Requirements to Permanently Settle in the UK for Partners of Migrants who are in the Country based on the Points-Based System

The Points-Based System, in this case, is referring to migrants who entered the UK on a Tier 1, Tier 2, Tier 4 (General) Student or the Tier 5 Temporary Worker visa. The definition for a partner is the same as previously described above. The requirements are listed as:

  • The person applying as the migrant’s partner must not fall on any of the general grounds for refusal listed in Part 9 of the UK Immigration Rules;
  • The migrant originally in the UK under the Points-Based System has been granted permission to permanently stay in the country;
  • The partner must currently be in the UK, having been granted permission to temporarily stay as the partner of the same migrant;
  • The couple must have the intention of permanently carrying out the relationship in the future, and substantial proof must be provided to assert this claim;
  • The couple must demonstrate that the time they have been together in the UK, they have consistently been in the relationship for the entire period they have been in the country;
  • The partner must prove his/her English language skills to be of an adequate level to live in the UK, along with demonstrating his/her knowledge of life in the UK to be of a sufficient nature;
  • The partner applying to join the migrant must be in no violation of any of the laws of the United Kingdom including overstaying past the legal limit that was granted to him/her. However, it should be noted that overstaying for 28 days past the legal limit is not counted as a breach of UK law.

Requirements to enter the UK as Child of Migrants who are in the Country based on the Points-Based System

This applies to the child of any person who was granted permission to enter the UK based on the Point-Based System. The child must be less than 18 years old and be in possession of an entry clearance document upon arrival in the UK. The requirements that need to be met for the child to be granted permission to enter are:

  • The person applying as the migrant’s partner must not fall on any of the general grounds for refusal listed in Part 9 of the UK Immigration Rules;
  • The parent must have been granted temporary or permanent residence in the United Kingdom;
  • The child must not have formed an independent family besides the family of his/her parent, and must provide evidence relating to this if he/she is more than 16 years old;
  • The child must not be married or a civil partner of any person and must provide evidence relating to this if he/she is more than 16 years old;
  • The child applying for entry must not be living a life independent of his/her parent, and must provide evidence relating to this if he/she is more than 16 years old;
  • The child applying to enter UK to join the migrant must have the intention to stay for the same period as that granted to the migrant;
  • The parent(s) who have legal responsibility over the child must have entered the UK legally and should not be in breach of any law;
  • The parent(s), on the basis of whom the child is entering the UK, must submit proof that they possess the necessary funds to provide for the child. However, this condition is exempted for migrants who entered the UK on the Tier 1 UK investor program migrants or Tier 1 visa of Exceptional Talent migrants;

It should be noted that the Secretary of State, who holds responsibility over the Home Office, holds the right to refuse any entrant of any visa category (such as Tier 1 investment visa UK, Tier 4 student visa, Tier 5 visit visa, UK business entrepreneur visa etc.) permission to enter the country, or remove any person from the UK, if it is felt necessary according to the law.