Settlement for Children
Part 8 settlement with a settled parent, parents or qualifying close relative
A child may be able to obtain settlement under Part 8 where they are joining or remaining with a parent, parents or qualifying close relative who is settled in the UK, or in specified entry-clearance cases is being admitted for settlement. The precise requirements depend on the child's circumstances and whether the application is made from outside or inside the UK.
On this page
In brief
- A child may settle under Part 8 when joining or remaining with a settled parent(s) or qualifying close relative, or in specified entry-clearance cases.
- Requirements differ depending on whether the child applies from outside or inside the UK.
- It considers the parental circumstance, age and independent life, and care arrangements.
- The guide helps identify the right route for the child — it does not decide eligibility.
Is this the right settlement route for the child?
This page covers settlement under Part 8 for a child seeking to join or remain with settled parent(s) or, in the circumstances specified by the Rules, a settled close relative.
It does not cover every child settlement route. Children may also obtain settlement under Private Life, Appendix Settlement Family Life or the dependant provisions of particular work and other immigration routes.
The child's case is based on settled parent(s) or a qualifying close relative
Use this page for the paragraph 297 or paragraph 298 child settlement framework.
The child is relying on residence or private life
Private Life settlement has its own requirements and should not be merged with Part 8. For a UK-born child, use the dedicated page.
Private Life Settlement → Child born in the UK →The child is settling through Appendix Settlement Family Life
Where the child's settlement is linked to a parent or partner settling under Appendix Settlement Family Life, use that route's settlement framework.
Family Life 10-Year Route →Is the child applying from outside or inside the UK?
Paragraph 297 — settlement entry clearance
Paragraph 297 covers a child seeking indefinite leave to enter to accompany or join settled parent(s) or a qualifying close relative in the circumstances defined by the Rules. For this framework, the applicant must be under 18 and must satisfy the other requirements of paragraph 297.
Paragraph 298 — settlement in the UK
Paragraph 298 covers indefinite leave to remain for a child who has or has had relevant limited leave and is seeking to remain with settled parent(s) or a qualifying close relative.
The two routes are related but not identical. Do not apply the outside-UK requirements automatically to an in-country case. Paragraphs 297 and 298 contain different validity and age-history provisions.
Which parental circumstance applies?
The child's settlement position depends substantially on the immigration and family circumstances of their parents. One settled parent does not automatically mean that the child meets the Part 8 settlement requirements.
Both parents are settled
The Rules provide for settlement where both parents are present and settled in the UK. Paragraph 297 also covers specified situations where parent(s) are being admitted for settlement at the same time as the child.
The other parent has died
A child can fall within the framework where one parent is settled and the other parent is deceased, subject to the remaining requirements.
One parent has sole responsibility
The Rules include circumstances where one settled parent has had sole responsibility for the child's upbringing. For paragraph 298, the Rules also refer to the child normally living with that parent and not the other parent.
The other parent's immigration position requires review
Part 8 contains a further provision concerning a settled parent where the other parent does not have, and is not being granted, limited leave in the UK. The current Rules also contain a serious-and-compelling safeguard within that provision.
Sole responsibility is a factual assessment of parental responsibility and decision-making. It should not be reduced to who provides the greater financial support. The other-parent provision was rewritten in August 2026, so older “serious and compelling” wording should not be relied on as the current rule. Disputed sole responsibility → immigration help.
Settlement with a settled close relative
Part 8 now contains a specific settlement provision for a child whose qualifying connection is to a close relative rather than a parent.
Under the current Rules, the close relative must be present and settled in the UK and the child must have no family other than that close relative in the UK who could reasonably be expected to support or care for them.
This provision changed in August 2026. The current close-relative provision was introduced as part of the August 2026 amendments to paragraphs 297 and 298. Older Home Office child guidance may therefore contain wording that no longer matches the current Rules. Close-relative or contested-care situation → immigration help.
Age and independent life
Applying from outside the UK
Paragraph 297 requires the applicant to be under 18.
Applying from inside the UK
Paragraph 298 is more nuanced. A person who is now 18 or over may still fall within the child settlement framework where they previously received one of the qualifying forms of child permission specified by the Rules, including previous grants under specified Part 8, Appendix FM, protection-related and adoption provisions.
The applicant must remain within the dependent child framework. The Rules require the applicant not to be leading an independent life, not to be married or in a civil partnership, and not to have formed an independent family unit. Child settlement is not only available to applicants under 18 — paragraph 298 can accommodate specified applicants who have turned 18.
Relationship and care arrangements
The relationship between the child and the parent or relative relied upon must be established by appropriate evidence.
A full birth certificate can commonly support a parent-child relationship, but Home Office guidance also recognises other official documentation capable of demonstrating the relationship. Examples include:
- Full birth certificate
- Official household-registration evidence
- Court or government records
- Adoption or parental-responsibility documents where relevant
The child's welfare is relevant. Home Office decision-making involving children must have regard to the need to safeguard and promote children's welfare. The child's best interests are a primary consideration, but they are considered alongside the requirements of the Immigration Rules.
Maintenance and accommodation
Adequate maintenance
The Part 8 child settlement framework contains an adequate-maintenance requirement. The child must be capable of being maintained by the relevant parent(s) or close relative without recourse to public funds under the applicable rules.
Adequate accommodation
The application must also satisfy the applicable adequate-accommodation requirement for the household in which the child will live.
The detailed adequate-maintenance and accommodation methodology is a separate technical framework and is not reproduced here. Confirm the current requirement on GOV.UK before applying.
Knowledge of Language and Life and suitability
Knowledge of Language and Life
A KoLL requirement does not apply to every child. Under paragraph 298, it applies in specified circumstances where an applicant aged 18 or over remains within the child route because of qualifying previous child permission.
Knowledge of Language and Life →Part Suitability
The child must also satisfy the suitability requirements applicable under Part 8. Complex suitability matters should be reviewed via immigration help.
Evidence areas to review
The evidence required depends on which paragraph 297 or 298 circumstance is relied upon. There is no single document checklist suitable for every child settlement application.
- Child's identity and nationality
- Current or previous UK immigration permission, where relevant
- Evidence of the parent-child or close-relative relationship
- Evidence of each parent's UK immigration status
- Evidence relating to a deceased parent, where relevant
- Evidence of sole responsibility or normal living arrangements, where relied upon
- Evidence concerning the other parent's immigration and family circumstances
- Evidence relevant to the close-relative care provision, where relied upon
- Evidence the applicant continues to meet the dependent-child framework
- Maintenance evidence
- Accommodation evidence
- KoLL evidence where paragraph 298 requires it
- Any suitability issue requiring review
These are evidence areas to review, not a fixed list of documents required in every case.
Child settlement framework guide
Answer a few general questions to identify which child settlement framework or issue may need review. It is a guide only — it does not decide eligibility or predict a decision.
Guide only: this tool identifies immigration frameworks, issues and evidence areas that may need review. It does not determine eligibility, give a score or probability, predict a Home Office decision or assess an appeal.
Approaching settlement (ILR)? Get a fixed-fee check of whether you qualify and which route fits.
Get a fixed-fee quoteOur regulatory scope. ENS Immigration Advice is regulated by the Immigration Advice Authority at Level 1. We advise on straightforward immigration applications within our authorised competence. Where a child settlement matter involves disputed sole responsibility, complex parental circumstances, serious-and-compelling issues, safeguarding concerns, disputed relationships, a refusal or another issue outside straightforward Level 1 work, we will identify the complexity and direct you to the appropriate next step. IAA regulation · Refusal or complex issue → specialist referral.
How ENS can help
Identify the correct child settlement route
We can review a straightforward child's immigration and family circumstances and identify whether the relevant framework is Part 8 or another child settlement route.
Organise the supporting evidence
We can help organise evidence of the child's relationship, parental immigration status, care arrangements, maintenance and accommodation for a straightforward application.
Prepare a straightforward application
Where the matter falls within our Level 1 authorisation, we can assist with preparing and presenting a straightforward child settlement application.
Frequently asked questions
What does “Settlement for Children” mean on this page?
This page covers Part 8 settlement for a child seeking to join or remain with settled parent(s) or a qualifying close relative. It does not cover every immigration route through which a child may obtain settlement.
Can a child apply for settlement from outside the UK?
Yes. Paragraph 297 contains an indefinite-leave-to-enter framework for a child joining settled parent(s) or a qualifying close relative. The applicant must meet the specific requirements of that paragraph, including the applicable age requirement.
Can a child already in the UK apply for settlement?
Paragraph 298 provides an indefinite-leave-to-remain framework for a child who has or has had relevant limited leave and meets the applicable parental or close-relative settlement requirements.
Do both parents have to be settled?
Not in every case. The Rules also contain provisions involving a deceased parent, sole responsibility, specified circumstances involving the other parent's UK immigration position and a separate close-relative provision.
What does sole responsibility mean?
Sole responsibility requires a factual assessment of who has exercised responsibility for the child's upbringing and important decisions. It should not be treated as merely a question of which parent provides more financial support.
Can a child settle with a close relative instead of a parent?
Part 8 contains a specific close-relative provision where the relative is settled in the UK and the child has no family other than that close relative in the UK who could reasonably be expected to support or care for them.
Must the applicant always be under 18?
No. An applicant under paragraph 297 must be under 18, but paragraph 298 allows certain applicants who previously held qualifying child permission to remain within the child settlement framework after turning 18.
Are maintenance and accommodation requirements relevant?
Yes. Part 8 requires the applicable adequate-maintenance and adequate-accommodation requirements to be met.
Does every child need to meet English and Life in the UK requirements?
No. Paragraph 298 contains a Knowledge of Language and Life requirement only for specified applicants aged 18 or over who remain within the route because of qualifying previous child permission.
Is settlement based on seven years' residence covered by this page?
No. A child's Private Life settlement position is a separate framework. This page is limited to Part 8 settlement with settled parent(s) or a qualifying close relative. See Private Life Settlement.
Source basis: Immigration Rules Part 8, paragraphs 297–300, including the amendments effective from 3 August 2026; Home Office child guidance is used only where consistent with the current Rules. Immigration Rules and guidance can change; confirm the current position on GOV.UK before applying.
Discuss a child's settlement application
If a child is seeking settlement with settled parent(s) or a qualifying close relative, we can review a straightforward case, identify the applicable framework and explain the evidence areas that should be prepared.