Immigration appeal allowed on basis of British child under parent route

Our client was married in India with his wife who is a British citizen. They then had a child born in UK who is also a British citizen.

Our client’s wife visited him in India after the birth of the child. He then applied for a visit visa and entered UK as a visitor. While in UK his wife was pregnant again with their second child and because of this he was not able to go back as there was no one to look after the elder child. He then applied for a visa as the parent of a British child after the visit visa was expired.

The Home Office refused his application with an appeal right. The immigration judge accepted that Ex.1 applies in this case and allowed the appeal under the immigration rules.