Member

It is the intention of the appendix child relative route to require sponsors to demonstrate that suitable arrangements have been made for the child’s care, and it is our long-standing position that under the family routes policy we allow discretion in exceptional cases. That might include where there are compelling compassionate factors or—to go back to that old favourite of today’s discussion—where a refusal would breach Article 8 of the ECHR. Our guidance provides instruction on the extent to which the spirit of the Section 55 duty and the “best interests” test should be applied to children overseas.