If a parent (‘P’) is unable to demonstrate he / she has been taking an active role in a child’s upbringing for the purposes of E-LTRPT.2.4 of the Immigration Rules, P may still be able to demonstrate a genuine and subsisting parental relationship with a qualifying child for the purposes of section 117B(6) of the Nationality Immigration and Asylum Act 2002 (‘the 2002 Act’). The determination of both matters turns on the particular facts of the case.
The question of whether it would not be reasonable to expect a child to leave the United Kingdom (‘UK’) in section 117B(6) of the 2002 Act does not necessarily require a consideration of whether the child will in fact or practice leave the UK. Rather, it poses a straightforward question: would it be reasonable ‘to expect’ the child to leave the UK?
Citations:
[2018] UKUT 334 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 01 February 2022; Ref: scu.628739
