TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 152

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(b) if both parents are on the same occasion admitted for settlement, or (c) if one parent is settled in the United Kingdom and the other is on the

same occasion admitted for settlement, or

(d) if one parent is dead and the other parent is settled in the United

Kingdom or is on the same occasion admitted for settlement, or

(e) if one parent is settled in the United Kingdom or is on the same occasion admitted for settlement and has had the sole responsibility for the child's upbringing, or

(f) if one parent or a relative other than a parent is settled or accepted for settlement in the United Kingdom and there are serious and compelling family or other considerations which make exclusion undesirable-for example, where the other parent is physically or mentally incapable of looking after the child-and suitable arrangements have been made for the child's care.

In this paragraph "parent" includes the stepfather of a child whose father is dead; the stepmother of a child whose mother is dead; and the father as well as the mother of an illegitimate child. It also includes an adoptive parent, but only where there has been a genuine transfer of parental responsibility on the ground of the original parents' inability to care for the child, and the adoption is not one of convenience arranged to facilitate the child's admission.

47. Children aged 18 or over must qualify for settlement in their own right unless there are the most exceptional compassionate circumstances (in which case their cases should be considered under paragraph 48). Special consider- ation may, however, be given to fully dependent and unmarried daughters over 18 and under 21 who formed part of the family unit overseas and have no other close relatives in their own country to turn to. The requirements of paragraphs 42 and 43 must be met in all cases.

Parents, grandparents and other relatives

48. Widowed mothers, fathers who are widowers aged 65 or over and parents travelling together of whom at least one is aged 65 or over should be admitted for settlement only where the requirements of paragraphs 42 and 43 and the following conditions are met. They must be wholly or mainly depend- ent upon sons or daughters settled in the United Kingdom who have the means to maintain their parents and any other relatives who would be admissible as dependants of the parents, and adequate accommodation for them. They must also be without other close relatives in their own country to turn to. This provision should not be extended to people below 65 (other than widowed mothers) except where they are living alone in the most exceptional compassionate circumstances, including having a standard of living substan- tially below that of their own country, but may in such circumstances he extended to sons, daughters, sisters, brothers, uncles and aunts of whatever age who are mainly dependent upon relatives settled in the United Kingdom. The requirements of paragraphs 42 and 43 must be met in any such cases.

49. Where a parent has remarried admission should not be granted under the preceding paragraph unless he or she cannot look to the spouse or children of the second marriage for support, and the children in the United Kingdom

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