Persons settled in the UK may have come here under various categories of the immigration rules(or even illegally) and subsequently obtained settled status or become British citizens. Prior to their arrival to the UK, they may have left children in their country of origin, with such children resident abroad but still under the age of 18years. Upon the parent acquiring settled status, the expected course of action is to submit an application for entry clearance to enable the child’s entry to the UK.
A mother or father subject to deportation proceedings may be caught up in a dilemma where they have a pending appeal in the immigration Tribunal either imminently to be heard or being heard whilst an application is pending in the family courts in relation to access to a child residing in the UK who is either a British citizen or has leave to remain. The question is whether to request an adjournment or proceed with the appeal without knowing the final decision of the family courts as regards their view where the best interests of the child lies.