Children and Their Best Interests in UK Immigration Applications

The UK government (through the Secretary of State) has a legal duty to ensure that immigration authorities (like the UK visas and immigration) protect welfare of the children while they are in the UK. In simple terms, the UK has rules and guidelines to protect welfare of the children 

This applies whenever immigration decisions or actions affecting the children.

A child is someone aged under 18.

Welfare of children 

Section 55 of the BCIA (Borders, Citizenship, and Immigration Act) 2009 requires the Home Office to make sure that immigration and nationality functions are discharged, taking into consideration the need to safeguard and promote the welfare of children. The best interests of the child are a primary consideration, but not the only consideration in considering applications from children.

Although Section 55 of the BCIA 2009 only applies to children in the UK, the spirit of duty should be applied to children overseas. When considering out-of-country applications, the Home Office must adhere to the spirit of the Section 55 duty and enquire when they suspect that there may be safeguarding or welfare needs that require attention. 

What does “best interests of a child” mean?

In simple terms, it refers to:

• The child’s safety and well-being 

• Their emotional and psychological development 

• Their education and stability 

• Their family relationships and support system 

The decision-maker must ask, “What outcome would be best for this child?”

This principle comes from Section 55 of the Borders, Citizenship and Immigration Act 2009.

These laws require the Home Office to safeguard children, promote their welfare, and consider their best interests in all immigration decisions.

What does children and their best interests mean (for immigration context)?

In practical terms, immigration officers cannot ignore children’s welfare when making the decisions. Even if a visa is refused or questioned, they must still think about whether the child could be harmed and whether their welfare is protected 

So, the child’s safety is not optional—it is a legal responsibility in all immigration functions.

Guidance on Every child matters – Change for children

This is statutory guidance to the UK Border Agency on making arrangements to safeguard and promote the welfare of children issued under section 55 of the BCIA (Borders, Citizenship and Immigration Act) 2009.

The guidance aims to improve child safeguarding systems, ensure better coordination between agencies, and put children’s welfare at the centre of decision-making.

The “Every Child Matters” guidance identified 5 key outcomes for children:

1. Be healthy 

2. Stay safe 

3. Enjoy and achieve 

4. Make a positive contribution 

5. Achieve economic well-being

Although it is not an immigration law itself, the principles of Every Child Matters influence how authorities (including the Home Office) consider child welfare, support the idea that a child’s best interests must be protected, and align with the Section 55 duty in immigration decisions.

How to assess children and their best interests?

The decision makers should deal with children’s applications in a timely manner to minimise any uncertainty they may experience. They should also consult children and ensure their wishes/feelings are taken into account wherever practicable when decisions affecting them are made. If a child has a parent/guardian, they have responsibility for the child’s concerns, and they will generally be acting in the child's best interests (although UKVI should be alert to scenarios where they are not)

In accordance with the UNCRC (United Nations Convention on the Rights of the Child), the children’s best interests will be a primary consideration, although not the only consideration, when making decisions affecting children.

While assessing a child's best interests, the UKVI must consider all relevant factors in the particular case. They should consider:

• The length of residence of the child in the UK

• The family circumstances of the child in which they are living

• The child's relationship with their parent (s) overseas and in the UK

• The length of time the child has spent in education and the current stage they have reached

• The child’s health

• The child’s connection/ties with the country outside the UK in which at least one parent is currently living or where the child is likely to live if their parents leave the UK

• The extent to which the decision to refuse will interfere with, or have an impact on, the family or private life of the child

• If (and, if it is so, to what extent) the relevant child will have medical, linguistic, or other difficulties in adapting to life in the country they would be moving to or living in 

• Whether any factors are present that would affect the welfare of the child that can only be alleviated by the applicant's presence in the UK

• What effective and material contribution does the presence of the applicant in the UK make to safeguarding and promoting the child’s welfare? Is this significant in nature?

• Support during or after a major medical procedure, especially if this is likely to lead to a permanent change in the child’s life

Where a child is involved, the applicant will need to prove the child’s best interests through documents, such as a British passport or immigration status of the child, evidence of length of residence in the UK, school letters or reports, GP or paediatric medical letters, nursery or childcare letters, social worker or safeguarding reports

Please note that the child’s best interests are important but not always decisive

This means the Home Office must consider them, but they can still refuse an application if immigration rules are not met. 

Proving a child’s best interests in the UK 

One needs to show clear, evidence-based reasons why entering or staying in the UK is in the best interest of the child’s welfare, stability, and development. This is assessed under Section 55 of the Borders, Citizenship and Immigration Act 2009 and influenced by the “Every Child Matters” guidance.

1. Evidence of education

The applicant can show that the child’s education would be affected if they leave the UK.

They can include school letters confirming enrolment, progress reports or report cards, letters from teachers about performance and integration, and evidence of exams or important academic stages. 

2. Social and Cultural Integration

The applicant should show that the child is fully integrated into the UK society.

Evidence can include participation in clubs/sports/community groups, church/community/ organisation involvement, and awards or achievements. 

3. Family life of the child and their emotional dependency

The applicant must show the child’s close relationship with parents/carers through evidence such as the child’s birth certificate, photos, and communication records with parents/carers, statements from parents explaining caregiving roles, and evidence of daily involvement (school pickups, activities).

4. Residence length in the UK

A child's residence in the UK for 7 or more years is often considered significant for the private life route. To establish this, one can provide evidence such as school records over time, medical records, tenancy agreements, and utility bills showing continuous residence

5. Child's parents

Where are the child’s parents and what is their immigration status, would the child be expected to follow the parents if they are required to leave the UK.

The leading case in connection with the best interest of the child is ZH (Tanzania) v SSHD [2011] UKSC 4 where it was held – 

“In making the proper assessment under article 8, the best interests of the child must be a primary consideration. This means that they must be considered first. They can, of course, be outweighed by the cumulative effect of other considerations…”

How can Visa and Migration help?

We can help you apply when a child is involved. Seeking permission to enter or stay in the UK based on the children and their best interests is complex and relies heavily on the Border and Immigration Agency’s discretion. They usually depend on Section 55 of the BCIA (Borders, Citizenship, and Immigration Act) 2009 and the human rights grounds, especially ECHR Article 8, and require careful legal and factual presentation. 

We carefully identify the appropriate immigration route for you and review how strong your case really is. We help you present a clear, strong, and convincing legal argument for your case, including demonstrating the best interests of any child involved. We help you at each step and provide ongoing support, making it as clear and stress-free as possible.

For expert advice and queries, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com