Parent of a Child Visa - UK

You can apply to come to, remain in or become permanently settled in the UK if you have a child who is either a British Citizen or is settled in UK. You may also qualify for the visa if you and your child are in UK and your child has lived here for 7 years.

Parents of British children and those settled here can apply for a visa with us

Getting Parent of a Child Visa

You can get the ‘parent of a child’ visa if you:

♠ are outside the UK;
♠ made a valid visa application as parent;
♠ meet suitability requirements in Section S-EC Appendix FM; and
♠ meet the following legal requirements:

1. Relationship requirements

You must be aged 18 or over, and your child must be:
♠ under 18;
♠ living in UK; and
♠ a British Citizen or settled in UK.

You must also have “sole parental responsibility” for the child; or the other parent or carer with whom the child normally lives must be:
♠ a British Citizen in UK or settled in UK;
♠ not your partner; and
♠ you must not be eligible to apply for a partner visa.

You must also provide evidence that:

♠ you have sole parental responsibility for your child; or
♠ have access rights to your child, and you must provide evidence that you are taking an active role in the child’s upbringing and intend to continue to do so.

2. Financial requirements

You must evidence that you will be able to adequately maintain and accommodate yourself and your child in the UK without recourse to public funds. You must also evidence that you will have adequate accommodation available in the UK, without recourse to public funds, for the family, which the family own or occupy exclusively and that such accommodation will not:
♠ be overcrowded; or
♠ contravene public health regulations.

3. English language requirement

You must evidence that you:
♠ are a national of a majority English speaking country specified in Immigration Rules; or
♠ have passed an English language test in speaking and listening at a minimum of level A1 of CEFR with an approved provider; or
♠ have an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
♠ are exempt from the English language requirement because you are aged 65 or over, or have a disability (physical or mental condition) which prevents you from meeting the requirement; or there are exceptional circumstances which prevent you from being able to meet the requirement.

Grant of visa

If you meet these requirements you will get a visa for an initial period of 33 months, and subject to a condition of no recourse to public funds. If however you do not meet any of these requirements your application will be refused.

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Apply for Parent of a Child Visa, even if you've overstayed or don't meet financial or language requirements.

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If you're already in the UK

If you are already in the UK and want to switch into this visa category or want to extend your visa in this category you can apply for leave to remain as a parent of a child in the UK if you are in the UK on a valid visa and meet all the above requirements, except for the one where you are required to apply from outside the UK. This is to say that you can apply to switch into this visa category from within the UK whilst both you and your child are in the UK.

You must not be in the UK:

♠ as a visitor;
♠ with valid leave granted for a period of 6 months or less, unless that leave was granted pending the outcome of family court or divorce proceedings;
♠ on temporary admission or temporary release.

If your child has turned 18

If your child has turned 18 years of age since you were first granted the parent visa, he/she must not have formed an independent family unit or be leading an independent life.

If your child is not a British Citizen or settled in the UK

If you are child is neither a British Citizen or settled in the UK, you may still apply if your child has lived in the UK continuously for at least the 7 years immediately preceding the application and paragraph EX1 of the Appendix FM of the Immigration Rules applies.

If the child normally lives with you, it will help you establish that you have the sole parental responsibility.

If you're an overstayer or on temporary admission

You can still apply to switch into this category under paragraph EX1 of the Immigration Rules if you don't have a valid visa in the UK, or have overstayed for more than 28 days or are here on temporary admission or release.

You will however need to show that:

(i) you have a genuine and subsisting parental relationship with a child who:
(aa) is under the age of 18 years, or was under the age of 18 years when you were first granted leave as a parent under EX1;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years; and
(ii) it would not be reasonable to expect the child to leave the UK.

You will not need to meet the English language and financial requirements if EX1 applies.

Grant of visa

If you meet all the requirements and do not fall under the EX1 exception, you will get a 30 month visa, subject to no recourse to public funds, and will be eligible to apply for indefinite leave to remain (permanent residence or settlement) after a continuous period of at least 60 months spent in the UK on a parent visa. This means if you are granted this visa for the first time, you will need to apply for an extension meeting the same requirements, and after 60 months you will be able to apply for permanent residence in the UK.

If however you applied under the EX1 exception, you will need to extend your 30 month visa until you have completed 10 years in the UK as a parent of a child in the UK. You will be subject to a condition of no recourse to public funds unless the Home Office deems such recourse to be appropriate.

In order to get the indefinite leave to remain as a partner you will also need to demonstrate sufficient knowledge of the English language and life in the UK in accordance with the requirements of Appendix KoLL of the Immigration Rules.

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Wish to Apply?

If you'd like to apply for the Parent of a Child in the UK Visa or Indefinite Leave to Remain please be aware that a good number of applicants are refused even though they appear to meet the applicable legal requirements.

These refusals are attributable to the applicant's failure to provide evidence in the format required by the immigration rules or them being legally illiterate failing to properly understand and comply with the law.

The applicant as a result not not only lose the application but also the application fees. Another costly consequence of a failed visa application is that applicants are prevented from relying on new evidence demonstrating their eligibility in an appeal.

It is therefore critical that proper immigration advice and representation is sought before you submit your case to the UK Visas & Immigration to ensure you meet all applicable immigration rules and policy guidelines increasing your prospects of success.

How we can help

The parent of a child visa applications are complex. As the UK's leading immigration lawyers with inimitable reputation for excellence in parent of a childvisa applications, we will provide you with immigration advice and services that are tailored to your circumstances, free of legal jargon and aimed to get the best possible results for you.

We will provide you with an interpreter, if required, who speaks your language and will make a professional assessment of your case advising you of its strengths and weaknesses. After receiving your instructions we will come on record as your lawyers and will not only provide ongoing immigration advice and collate supporting evidence, but will also prepare your parent of a child in the UK visa applications and draft and submit legal representations in support of the same to the British Home Office. We will keep you informed throughout the process, liaise with the Home Office whilst your parent of a child in the UK visa applications is considered and get a decision on your entrepreneur visa application.

Our accredited immigration lawyers and advisers in London & Birmingham specialise exclusively in parent of a child in the UK and charge fixed fees unlike solicitors. Call or email us today to get the immigration advice and representation you need to develop the best possible case for your parent of a child in the UK visa and increase your chances of success.

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