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Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the UK Border Agency to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. It does not impose any new functions, or override existing functions. 

The changes to the policy from 9th July 2012, brought a new legislation under Appendix FM of the Immigration Rules. It states the following:

Where a person asserts that they have family life with children, the decision maker must ensure that the person can satisfy all of the factors listed at (a) to (e) below:

(a) They have a genuine and subsisting parental relationship with a child who is under 18.

(b) The child is in the UK.

(c) The child either 1. is British; or 2. has lived in the UK for at least 7 years preceding the date of the immigration decision.

(d) It would not be reasonable to expect the child to leave the UK.

(e) There is no other family member who is able to care for the child in the UK.

If you believe your case can benefit from this policy, then please speak to ICS Legal on 0207 237 3388 or e-mail us with your case details to





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