The concept of ‘sole responsibility’ represents one of the most complex and strictly applied requirements in UK immigration law, particularly affecting children of BNO visa holders seeking Indefinite Leave to Remain (ILR). For BNO families, especially those in complex situations involving divorced parents or ‘astronaut families’ where one parent works overseas, demonstrating sole responsibility poses significant challenges that can determine whether families can remain together in the UK.
Defining Sole Responsibility in UK Immigration Law
The Home Office defines sole responsibility as occurring when “one parent has abdicated or abandoned parental responsibility, and the remaining parent is exercising sole control in setting and providing the day-to-day direction and care for the child’s welfare” in Appendix Children.
This is not merely a matter of legal custody but requires demonstrating practical, ongoing control over the child’s upbringing.
The TD (Yemen) Case Framework
The landmark case TD (Paragraph 297(i)(e): “sole responsibility”) Yemen [2006] UKAIT 00049 establishes the definitive test for sole responsibility. The tribunal held that the test is “whether the parent has continuing control and direction over the child’s upbringing, including making all the important decisions in the child’s life”.
Key principles from TD (Yemen) include:
- Factual Assessment: Sole responsibility is determined on all evidence, not theoretical or legal obligations
- Exceptional Nature: Where both parents are involved in a child’s upbringing, it will be exceptional that one has sole responsibility
- Control vs. Care: The test focuses on who has continuing control and direction, not merely day-to-day responsibility
- Decision-Making Authority: The parent must make all important decisions about education, healthcare, residence, and welfare
Evidence Requirements for Sole Responsibility
Establishing sole responsibility requires comprehensive documentation across multiple areas, such as:
Financial Control:
- Bank statements showing exclusive financial support
- Remittance records demonstrating regular payments
- Evidence of bearing the child’s maintenance costs
Decision-Making Authority:
- School correspondence showing the parent as primary contact
- Medical records with the parent as decision-maker
- Documentation of educational, religious, and residential choices
Relationship with Other Parent:
- Court orders showing sole custody (though this alone is insufficient)
- Death certificates if the other parent is deceased
- Evidence of abandonment or abdication of responsibility
Challenges in Complex Family Situations
Divorced Parents: Even after divorce, if both parents remain involved in the child’s life, establishing sole responsibility remains extremely difficult. The fact that one parent has legal custody does not automatically confer sole responsibility under immigration rules.
Astronaut Families: These arrangements, where one parent works overseas while the family establishes in the UK, are particularly problematic. Maintaining communication and involvement in decisions while abroad can prevent a finding of sole responsibility.
Alternative Routes: Serious and Compelling Circumstances
Where sole responsibility cannot be established, children may still qualify if there are serious and compelling family or other considerations which make exclusion of the child undesirable. This alternative test requires demonstrating exceptional circumstances that justify family unity despite shared parental responsibility.
Home Office guidance identifies several scenarios that may constitute serious and compelling reasons:
- One parent unable to care for the child due to hostile or unsafe location
- Legal, cultural, or safety concerns preventing the child remaining in their current country
- Parent overseas completing medical treatment or essential commitments
- Parent overseas caring for dependent relatives
- Parental separation with the child currently living with the UK-based parent
The serious and compelling circumstances test historically required circumstances to be exceptional when compared to other children living in the relevant country. While recent guidance has removed explicit reference to exceptionality, the standard remains demanding and fact-specific.
Final Thoughts
Sole responsibility remains one of the most challenging requirements in the UK’s immigration framework, especially for BNO families with separated or internationally mobile parents. The TD (Yemen) case continues to shape how this concept is interpreted — focusing on real, sustained control over all important aspects of a child’s life. For divorced or ‘astronaut’ parents, legal custody or caregiving alone will not suffice.
Families in these situations should seek legal advice early, gather extensive evidence, and consider whether this is a realistic pathway to keep families together.
