Rule 297 of the Immigration Rules (HC 395) contains the requirements for leave to enter as a child of a parent, parents or a relative present and settled (or being admitted for settlement) in the United Kingdom.  This Rule clarifies the criteria that needs to be satisfied prior to permission for leave to enter and remain are granted.

One of the requirements is that under R 297 (v), the child can, and will, be maintained adequately by the parent, parents or relative the child is seeking to join, without recourse to public funds.

In the recent case of MW (Liberia) v Secretary of State for the Home Department [2007] EWCA Civ 1376, (2008) Times, 15 January, the Court of Appeal dismissed an appeal by a 13 year old child, under the Immigration Rules (HC 395).  The mother had no income and instead relied on state benefits.  There were third parties who were willing to give the mother money in order to support her child.  The Court of Appeal held that the requirement of Rule 297 is not met if the child shows he will be maintained by adequate financial support from one or more third parties.  Tuckey LJ confirmed that this was true even if the money was given to the parent to enable the child to be maintained. 

MW was indeed remitted under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, but not under the Immigration Rules. 

Written by Kajal Dasani, Barrister at New Walk Chambers, specialising in Immigration and Civil Law.