The Child of a Partner or Parent Visa is intended for a child who want to join or stay in the UK when one of their parents has already been approved, or is currently being approved, for a Partner or Parent Visa under Appendix FM of the Immigration Rules.

If the parent of the child does not have or is not being given leave as a Partner or Parent under Appendix FM of the Immigration Rules, but has some other type of leave, then the child should apply, as appropriate, either under the family life provisions of Part 8 of the Immigration Rules or as a dependent child of a points-based system migrant instead.

If the child holds British citizenship, possesses indefinite leave to remain, or has obtained established status in the UK, they are exempt from the requirement to apply for a visa in order to enter the country.

Requirements for a Child of a Partner or Parent Visa

To meet the requirements for a Child of a Partner or Parent Visa to visit the UK, you must demonstrate to UK Visas & Immigration that:

• Your child is outside the UK;
• Your child is under the age of 18 at the date of application;
• Your child has not formed an independent family unit;
• Your child is not leading an independent life;
• One of the child’s parents is in the UK with a Partner or Parent Visa under Appendix FM of the Immigration Rules or is being granted, or has already been granted, a Partner or Parent Visa under Appendix FM of the Immigration Rules (the ‘child’s parent’);
• Either:
  • The child’s parent’s partner under Appendix FM is also a parent of the child; or
  • The child’s parent has had and continues to have sole responsibility for the child’s upbringing; or
  • There are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care;
• Your child satisfies a financial requirement;
• Your child satisfies an accommodation requirement.

The specific criteria that your child must meet may differ depending on their individual circumstances. It is advisable to see an immigration attorney for specialised guidance.

Child of a Partner or Parent Visa Immigration Status Requirement

To be eligible for a Child of a Partner or Parent Visa, it is necessary for one of the child's parents to either be in the UK with a Partner or Parent Visa granted under Appendix FM of the Immigration Rules, or be outside the UK and have been granted or will be granted a Partner or Parent Visa under Appendix FM of the Immigration Rules.

Child of a Partner or Parent Visa Relationship Requirement 

The criterion for the Child of a Partner or Parent Visa relationship can be fulfilled in one of three methods:

• The partner of the child’s parent who already has, or is being granted, a Partner or Parent Visa, is also a parent of the child who is applying for a Child of a Partner or Parent Visa; or
• The child’s parent who already has, or is being granted, a Partner or Parent Visa has had and continues to have sole responsibility for the child’s upbringing; or
• There are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.

Sole Responsibility 

Sole responsibility refers to a situation when one parent has relinquished their parental duties, leaving the other parent completely accountable for making all significant decisions about the child's daily care and upbringing.

If you have exclusive responsibility, your child will typically reside with you rather than their other parent, and you will have had and will continue to have the duty and authority to care for and supervise your child. The Home Office requires thorough and conclusive documentary proof to verify that you have exclusive responsibility for your child's care, and that no one else shares this responsibility. Our immigration solicitors can provide guidance on the necessary documentation needed by the Home Office to establish exclusive responsibility for a child as part of an application for a Child, Partner, or Parent Visa.

Serious and compelling family or other considerations

When determining if there are significant and compelling family or other factors that make it undesirable to exclude the kid, the Home Office will assess the child's welfare and prioritise their best interests. This rating is extremely dependent on certain facts and details.

An assessment of the child's well-being, including their emotional requirements, will be necessary due to family factors. The family considerations must be of significant gravity and compelling enough to need entry to the UK.

Additional factors to be taken into account will include an assessment of any other facets of a child's existence that may need their admission. Important factors to evaluate may encompass the child's social and economic milieu, any indications of neglect or abuse, and any other unaddressed issues that require attention. The circumstances, or the combination of circumstances, must be of a significant and compelling nature that necessitates admission.

When considering important and convincing family or other factors, the Home Office must also ensure that appropriate preparations have been established for the child's care in the UK.

Child Has Not Formed an Independent Family Unit

Your youngster must not be residing autonomously as a member of another household. Generally, this implies that your child should not cohabit with a husband, civil partner, fiancé, planned civil partner, or unmarried partner as a member of another family. If this condition applies, then your child will not meet the requirements for a Child of a Partner or Parent Visa.

Child Is Not Leading an Independent Life

Likewise, a youngster who is leading a self-reliant existence will not meet the requirements for a youngster of a Partner or Parent Visa. This implies that your youngster has not intentionally established an independent social group away from his or her parent(s). Practically, this implies that your child will typically reside with their parent(s) unless they are attending a boarding school, college, or university for full-time schooling. Additionally, they should not be working full-time and should rely mostly on their parent(s) for both financial and emotional assistance. 

Child of a Partner or Parent Visa Financial Requirement

The financial criteria for a Child of a Partner or Parent Visa differ based on whether the child is applying as a Child of a Partner or as a Child of a Parent.

Financial Requirement as a Child of a Parent

If the parent of the child has been given a Parent of a Child Visa, or is in the process of applying for one, the child must prove to the Home Office that the parent can support and provide suitable accommodation for themselves, the child, and any other dependents in the UK without relying on public funds.

Adequate maintenance refers to a situation where the predicted weekly income ("A") minus the weekly accommodation expenditures ("B") is equal to or greater than the amount the family would receive if they were eligible for income support or a similar benefit ("C"). To determine if the cash savings are adequate, divide the entire amount by the number of weeks of limited vacation that would be given if the application is approved ("A"). The formula for determining sufficient maintenance is identical to that used for calculating weekly income: A – B ≥ C. We can provide guidance on the calculation and advise you on the specific financial information that needs to be provided.

Financial Requirement as a Child of a Partner

If the parent of the child has been given a Partner Visa, or is in the process of applying for one, the child must submit proof that their parent and/or their parent's partner earns a minimum gross annual income of £29,000.

The minimum income requirement no longer includes a distinct kid element.

If the child's parent's partner is receiving specific state benefits or entitlements, different factors will come into play. In this case, the financial requirement for a Child of a Partner Visa is that the child's parent's partner must be able to sufficiently support and provide accommodation for themselves, the child's parents, the child, and any dependents in the UK without relying on public funds.

The Immigration Rules pertaining to the financial need for the Child of a Partner Visa are intricate and encompass obligatory criteria for documented evidence. Applicants are responsible for proving that they meet the financial criterion. A frequent cause for rejection of a Child of a Partner Visa application is the failure to submit mandatory financial documentation.   

How to Satisfy the Child of a Partner Visa Financial Requirement

The Child of a Partner Visa financial requirement can be satisfied in a variety of different ways, including by relying on:

• Income from employment or self-employment of the child’s parent’s partner (which, in respect of a child’s parent’s partner returning to the UK with the child, can include employment or self-employment overseas and in the UK);
• Income from employment or self-employment of the child’s parent (if they are in the UK and working legally);
• State (UK or foreign), occupational or private pension of the child’s parent or the child’s parent’s partner;
• Non-employment income of the child’s parent or the child’s parent’s partner for example, income from property rental or dividends from shares; 
• Certain maternity allowance or bereavement benefit received by the child’s parent of the child’s parent’s partner in the UK;
• Cash savings of the child’s parent or the child’s parent’s partner, above £16,000, held by them for at least 6 months and under their control.

Under specific conditions, it may also be feasible to depend on the earnings or savings of a kid who is over 18 years old and is dependent on their parent.

Under some conditions, it is feasible to depend on a combination of the aforementioned sources of income to meet the financial criteria.

If the child's parent's partner is receiving specific state benefits or entitlements, different factors will need to be taken into account, as previously stated.

If there are extraordinary situations where denying a Child of a Partner or Parent Visa application would violate ECHR Article 8, alternative sources of income, financial support, or monies that the couple has access to may be considered.

Our immigration solicitors specialise in the financial requirement regulations for the Child of a Partner or Parent Visa and frequently help applicants of this visa category to negotiate the intricate evidence requirements.

Child of a Partner or Parent Visa Accommodation Requirement

Regardless of whether your child is applying as a Child of a Partner or as a Child of a Parent, they must provide proof that there will be sufficient housing available for the entire family, including other family members who are not part of the application but reside in the same household. This housing should be privately owned or exclusively occupied by the family, and should not require any financial assistance from public funds.

Your child must present proof of the ownership or occupation of the property, demonstrating that they have a legal and exclusive right to inhabit it. Additionally, they must ensure that the property is not overcrowded and does not violate any public health rules.

Child of a Partner or Parent Visa English Language Requirement 

Children who are seeking a Child of a Partner or Parent Visa are not need to meet any English language criteria.

Child of a Partner or Parent Visa Supporting Documents Checklists

The primary basis for rejection of a Child of a Partner or Parent Visa application is typically the applicant's failure to provide adequate documentary evidence to support their application.

The Immigration Rules impose stringent criteria for the documentation that must be provided to support an application for a Child of a Partner or Parent Visa. The supporting documentation needed for a Child of a Partner or Parent Visa application will differ for each individual circumstance.

Applicants must use caution when utilising pre-existing document checklists for Child of a Partner or Parent Visa applications. Seeking guidance from an immigration attorney will guarantee that the specified documents are suitable for one's specific circumstances.

If a necessary document is not provided, is in an incorrect format, or lacks essential information, the application for a Child of a Partner or Parent Visa may be rejected. The process of appeals can often span several months before a final decision is reached, and the ultimate result may remain undetermined. The submission of a new application will incur additional expenses and result in further delays.

Our immigration solicitors offer specialised guidance to applicants for the Child of a Partner or Parent Visa regarding the necessary documentation for a successful visa application. They also review supporting documents to ensure they meet the requirements of the Immigration Rules.  

Child of a Partner or Parent Visa Application Fee

The current application fee for a Child of a Partner or Parent Visa application submitted outside the UK is £1,846 as set by the Home Office. The current charge for switching into the Child of a Partner or Parent category or extending stay in the UK as a Child of a Partner or Parent is £1,048, as set by the Home Office. Extra charges will be incurred if you opt for the Priority or Super Priority Service.

Child of a Partner or Parent Visa Processing & Decision Waiting Times

The current processing time for a Child of a Partner or Parent Visa application lodged outside the UK by the Home Office is 24 weeks. By utilising the Priority Service, you can expect to get a judgement within a maximum of 30 business days. Out-of-country applications do not have a Super Priority Service available.

The Home Office is now processing applications for child switch or extension submitted from within the UK, with a decision expected within 8 weeks.

There is no expedited service that guarantees a result within 5 working days for child applications within the country. However, if you choose to apply through the Super Priority Service, you can expect to receive a decision by the end of the following working day.

Duration of a Child of a Partner or Parent Visa

If your child fulfils the eligibility criteria for a Child of a Partner or Parent Visa, they will be initially issued a visa with the same expiration date as the parent's visa.

Prior to the expiration of your child's original leave grant, they must submit an application to UK Visas and Immigration in order to prolong their stay. If their application for an extension of their stay as a Child of a Partner or Parent is approved, they will be given permission to stay for the same duration as their parent(s) or for 30 months if the parent is settled but the child does not meet the requirements for settlement.

Your child will be eligible for indefinite leave to remain as a child of an individual who has been granted indefinite permission to remain as a spouse or parent, once they fulfil the criteria outlined in Appendix Settlement Family Life.

Switching Into the Child of a Partner or Parent Visa Route From Within the UK

A kid has the option to request a transfer to the kid of a Partner or Parent route while residing in the UK. To apply, your child must be located in the United Kingdom and be under the age of 18 at the time of the application.

Your child must fulfil the relational, financial, and accomodation requirements mentioned above.