Parent of a Child Visa

Parent of a Child Visa

The biological or legal guardian of a minor. Visa permits a parent of a kid to reside in the United Kingdom for the purpose of providing care for their child. The kid must currently reside in the United Kingdom and possess either British or Irish citizenship, have settled status in the UK, or have pre-settled status in the UK.

Parent of a Child Visa

The biological or legal guardian of a minor. Visa permits a parent of a kid to reside in the United Kingdom for the purpose of providing care for their child. The kid must currently reside in the United Kingdom and possess either British or Irish citizenship, have settled status in the UK, or have pre-settled status in the UK.

The Parent of a Child Visa might result in obtaining indefinite permission to remain or settlement in the UK after a duration of 5 years.  

If you meet the requirements to apply as a Spouse, Civil Partner, Unmarried Partner, Fiance, or Proposed Civil Partner, it is recommended that you apply through the appropriate partner route instead of applying as a Parent of a Child.

Parent of a Child Visa Requirements

To be eligible for a Parent Visa to enter the UK, you must demonstrate to UK Visas and Immigration that you fulfil the following criteria:

  • You are at least 18 years old;
  • Your child is under the age of 18;
  • Your child is living in the UK;
  • Your child is either a British or Irish citizen, settled in the UK or in the UK with pre-settled status;
  • Either (i) you have sole parental responsibility for the child; or (ii) the parent or carer with whom the child normally lives is a British or Irish Citizen in the UK, settled in the UK, or in the UK with pre-settled status, they are not your partner, you are not eligible to apply for entry clearance as a partner under Appendix FM of the Immigration Rules and you have direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK;
  • You are taking, and intend to continue to take, an active role in the child’s upbringing;
  • You can maintain and accommodate yourself and any dependants in the UK without recourse to public funds;
  • You satisfy an English language requirement.

The specific criteria you must meet may differ based on your individual situation. It is advisable to consult with an immigration attorney for specialised guidance.

To discuss your Parent of a Child Visa application with one of our immigration solicitors, contact our Parent Visa solicitors on 01206500181or complete our enquiry form below.

 

Status of the Child in the UK

To be eligible for a Parent of a Child Visa to enter the UK, your child must reside in the UK and meet one of the following criteria:

  • Be a British or Irish citizen in the UK; or
  • Have indefinite leave to remain, settled status or permanent residence in the UK; or
  • Have pre-settled status under Appendix EU.

In order to apply, your kid must be physically present in the UK on the date of application, and you should have the intention of establishing the UK as your permanent residence along with your child. The Parent of a Child option is unsuitable if your child is residing abroad.

If you are seeking permission to stay in the UK as a Parent of a Child, the same requirements mentioned above apply. However, you may also be eligible if your child is not a citizen of the UK or Ireland, is settled or holds pre-settled status, and has resided in the UK for a continuous period of 7 years. Additionally, you must convince the Home Office that it would be unreasonable for your child to leave the UK.

Age Requirement for a Parent Visa

In order to submit your Parent Visa application, you need to be at least 18 years old at the time of submission, while your child must be under 18 years old.

If your child turns 18 after you have submitted your application but before a decision has been made, it will not have any effect on your application.

If your child has reached the age of 18 at the time you need to request an extension or remain as a Parent of a Child, this will not pose an issue, as long as the child was under 18 when you were initially granted permission to stay as a parent on the Parent of a Child route, and the child has not established a separate family unit and is not living an independent life.

Who Qualifies as a Parent?

As well as including a natural parent, for the purpose of a Parent of a Child Visa application a ‘parent’ is defined as including: 

  • The stepfather of a child whose father is dead (and the reference to stepfather includes a relationship arising through civil partnership);
  • The stepmother of a child whose mother is dead (and the reference to stepmother includes a relationship arising through civil partnership);
  • The father as well as the mother of an illegitimate child where he is proved to be the father;
  • An adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the UK, or where a child is the subject of a de facto adoption in accordance with the requirements of paragraph 309A of the Immigration Rules (except that an adopted child or a child who is the subject of a de facto adoption may not make an application for leave to enter or remain in order to accompany, join or remain with an adoptive parent under paragraphs 297 to 303);
  • In the case of a child born in the UK who is not a British Citizen, a person to whom there has been a genuine transfer of parental responsibility on the grounds of the original parent or parents’ inability to care for the child.

For both entry clearance and leave to remain applications as a Parent of a Child, if your child normally lives with their other parent or carer (who is British or Irish, settled in the UK or in the UK with pre-settled status) then that person cannot be your partner.

Parental Responsibility

To be eligible for a Parent of a kid Visa, you must either have exclusive parental responsibility for your kid or share parental duty with the parent or carer with whom your child usually resides.

Sole parental responsibility

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

When depending on sole parental responsibility, the Home Office requires thorough supporting documented evidence that confirms your exclusive responsibility for your child's wellbeing and that no one else shares this burden. Our immigration solicitors can provide guidance on the specific documentation needed by the Home Office to establish sole responsibility for a child as part of a Parent Visa application.

Typically, your child will reside with you rather than their other parent, who is either British or Irish, settled in the UK, or in the UK with pre-settled status. Additionally, you must not meet the requirements to apply for permission to stay in the UK as a partner.

Shared parental responsibility

If you share parental responsibility for your child with another person, that person must not be your romantic partner. Additionally, they must meet one of the following criteria: be a citizen of either Britain or Ireland, have indefinite leave to remain, settled status, or permanent residence in the UK, or have pre-settled status under Appendix EU.

Parents often rely on the concept of parental responsibility to stay in the UK when their relationship with a British citizen or settled parent has ended, but they have joint or equal custody of a child in the UK, and it is in the kid's best interests for them to stay.

It is possible for your child to primarily reside with you in the UK, rather than with their parent who is a British citizen or has settled status. In order to establish shared responsibility, it is necessary for you to have direct physical access to the kid, as agreed upon with the other parent or carer with whom the child usually resides, or as mandated by a court order, provided that the child generally resides with their other British citizen or established parent or carer. It is advisable to seek advice from an immigration attorney regarding the necessary documentation to establish joint responsibility for a Parent Visa application. 

Active Role in the Child’s Upbringing 

As part of your application for a Parent of a Child Visa, you must demonstrate to the Home Office that you are actively involved in your child's upbringing and have the intention to continue being so.

The Home Office requires thorough and extensive supporting documentation to verify your active involvement in your child's upbringing and your intention to continue doing so once your application has been processed. Our immigration solicitors may provide guidance on the necessary documentation requested by the Home Office and assess the compliance of your documents with the Immigration Rules.

Parent of a Child Visa Financial Requirement

When applying for entrance clearance or permission to remain as a Parent, it is necessary to present proof that you can sufficiently support yourself and any dependents in the UK without relying on public funding.

Adequate maintenance refers to a situation where the estimated weekly earnings ("A") minus the weekly housing expenses ("B") are 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 financial savings amount is adequate, divide the entire amount by the number of weeks of limited leave that would be given if the application is approved ("A"). The formula for determining sufficient maintenance is identical to that used for weekly income: A – B ≥ C. We can provide guidance on the calculation and offer advice on the specific financial information that needs to be filed.

Parent of a Child Visa Accommodation Requirement

If you are applying for entry clearance or leave to remain as a Parent, you must provide proof that there will be sufficient housing available for your family, including other family members who are not part of the application but live in the same household. This housing should be owned or exclusively occupied by the family, and should not require any financial assistance from public funds.

In order to proceed, you must present proof of the ownership or occupancy of the property, demonstrating that you have a legal and exclusive right to occupy it. Additionally, you must ensure that the property will not be overcrowded or violate any public health rules.

Parent of a Child Visa English Language Requirement

Unless you are exempt, you must demonstrate to the Home Office that you meet the English language requirement as part of your Parent Visa application.

In order to file for entry clearance or to switch into the Parent of a Child Visa route, it is necessary to exhibit proficiency in the English language at a minimum level of CEFR A1.

You can meet the Parent Visa English language requirement by:

  • Holding the nationality of a majority English speaking country;
  • Passing an approved English language test at or above the required CEFR level, with an approved provider as set out on Approved Secure English Language Tests and Test Centres; or
  • Having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis (formerly UK NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level.

In order to be exempt from the English language requirement you will normally have to prove that either:

  • You are over the age of 65 at the date of application;
  • You have a physical or mental disability which prevents you from meeting the English language requirement; 
  • There are exceptional circumstances which mean that you cannot satisfy the English language requirement before entering the UK.

If you are not able to demonstrate that you meet the English language requirement (or are exempt), then your Parent Visa application will be refused.

Parent Visa Supporting Documents Checklists

The primary basis for the rejection of a Parent Visa application is typically the inadequate inclusion of documentary evidence to substantiate the applicant's claims.

The Immigration Rules impose stringent criteria for the documentation that must be provided to support an application for a UK Parent Visa. The necessary supporting documentation for a ParentVisa application will differ for each individual scenario.

Applicants must use caution when utilising pre-existing document checklists for Parent Visa applications. Seeking guidance from an immigration attorney can guarantee that the listed documents are suitable for one's specific circumstances.

If a necessary document is not given, is in an incorrect format, or lacks essential information, the application for a Parent Visa may be rejected. The process of appeals can be lengthy, often spanning many months, and the final result may be unpredictable. The submission of a new application will incur more expenses and cause further delays.

Our immigration solicitors offer specialised guidance to individuals applying for a Parent Visa regarding the necessary documentation for a successful application. Additionally, they review supporting documents to ensure they meet the requirements outlined in the Immigration Rules.

To discuss your Parent of a Child Visa application with one of our immigration solicitors, contact our Parent Visa solicitors on 01206500181or complete our enquiry form below.

 

Parent of a Child Visa Application Fee

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

Duration of a UK Parent of a Child Visa

If your application for a UK Parent of a Child Visa is approved, your Parent Visa will initially be valid for a period of 33 months. If you submit an application to stay in the UK as a Parent of a Child, you will be given permission to stay for a period of 30 months.

Prior to the expiration of your original leave grant, it is necessary for you to submit an application to UK Visas and Immigration in order to prolong your stay. If your application for an extension of your stay as a Parent is approved, you will be awarded an additional time of 30 months to reside in the country.

Once you have resided in the UK as a Parent for a period of 5 years, you will meet the requirements to apply for indefinite leave to remain. Time spent in the UK cannot be considered for any other immigration pathway.

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

An application for leave to remain as a parent can be submitted from within the UK, unless you are in the UK as a guest or, with certain exclusions, with valid leave granted for a duration of 6 months or less.

If individuals desire to establish permanent residency in the UK as a parent of a child who is already residing in the UK, they must depart from the UK and submit an application for entrance clearance as a parent from their home country.

If you are currently in the United Kingdom and have been given permission to stay temporarily while waiting for the decision of a family court case, you have the option to apply for permission to continue living in the UK as a parent from within the country.  

Working in the UK on a Parent Visa

Parent Visa holders possess all employment rights in the United Kingdom.

Indefinite Leave to Remain as a Parent

Upon the approval of your Parent Visa application, you will be awarded an initial entry authorization to the UK for a duration of two and a half years (with an extra three months if asking for entry clearance). Prior to the expiration of your leave, it will be necessary for you to submit an extension application. If your application for an extension of your parent status is approved, you will be given permission to stay for an additional period of two and a half years.

If you have spent a total of 60 months, or 5 years, in the UK on the Parent Visa route, you may meet the requirements to apply for indefinite leave to remain in the UK.

To be eligible for indefinite leave to remain as a parent, you must provide evidence, in addition to the aforementioned criteria, that:

  • You meet the higher CEFR Level B1 English Language requirement that applies to settlement applications;
  • You have passed the Life in the UK test (unless exempt).

If you submit an application for indefinite leave to remain as a parent and fail to fulfil the aforementioned criteria, UK Visas and Immigration will next assess whether you meet the requirements for an additional extension of stay as a parent.

Parent of a Child Visa Frequently Asked Questions

What Will Happen if My Child Turns 18?

If your child turns 18 after you have submitted your Parent of a Child visa application but before a decision has been made, it will not affect your application.

If your child has reached the age of 18 when you need to apply for an extension or stay as a parent, it will not be an issue as long as they were under 18 when you were initially granted permission to stay as a parent on the Parent of a Child route, and they have not started their own family or become financially independent. 

Can I Qualify for a Parent of a Child Visa if My Child Lives With My Partner?

If your child primarily resides with your partner, you will not be eligible for leave under the Parent of a Child category. This applies even if your partner is a British citizen or a settled parent or carer. It is advisable to assess your eligibility for entry clearance or leave to remain through a relationship or private life route instead.

Where Can I Apply for A UK Parent Visa?

If you are seeking a Parent Visa from a location outside of the UK, it is necessary to apply in the nation where you now reside, excepting visits. Citizenship is not a requirement.

If you are currently residing in the UK and have been given authorization to stay for a duration exceeding six months, you are eligible to submit an application for leave to remain as a parent from within the UK.

If you have been given a period of leave lasting six months or less, such as a guest, you will usually have to exit the UK and apply for permission to enter as a parent from another country. The temporary provision that permitted individuals to submit applications from within the United Kingdom during the Covid-19 epidemic is no longer in effect.

How Do I Apply for a UK Parent Visa?

Parent Visa applications are submitted through an online application form. There are several application forms for applicants depending on whether they are applying from within the UK or from outside.

Prior to submitting an application for a UK Parent Visa, it is advisable to consult an immigration lawyer to ensure that you select the appropriate application form that aligns with your specific circumstances.

It is advisable to gather your supporting documents concurrently with the completion of your Parent Visa application form. This is because there are certain document criteria that need your paperwork to be dated prior to the submission date of the online application form.

The existing procedure enables applicants to submit scanned copies of their supporting paperwork for parent visas, which are then assessed by the Home Office. Nevertheless, it is advisable to verify the specific protocol for the country where you plan to submit your application at the moment of applying, as the Home Office periodically modifies this method.

What if My Parent of a Child Visa Application Is Refused?

In the event that your application for a UK Parent of a Child Visa is rejected, you are entitled to use your right to appeal. This is because a parent application is immediately considered as a claim related to human rights.

The appeal will be adjudicated before the First-tier Tribunal (Immigration and Asylum Chamber) in the United Kingdom.

If you are located in the United Kingdom, you will have the opportunity to attend and provide testimony in front of the Judge.

If you are located outside of the United Kingdom, you have the option to draft a formal statement and provide supporting documentation for the Tribunal's evaluation. If deemed suitable for your specific situation, arrangements might be arranged for you to provide evidence remotely.

Immigration appeal proceedings can have a lengthy duration before a decision is reached, and the final result may be unpredictable. We strongly advise consulting with a specialised immigration attorney for legal guidance and representation prior to initiating an appeal against the denial of a Parent Visa application.

What if I Cannot Satisfy the Requirements for a UK Parent Visa?

If you are unable to meet the criteria for a UK Parent Visa, you may still be eligible to enter or stay in the UK based on human rights considerations, such as:

  • You have a child in the UK who is a British or Irish citizen;
  • You have a child in the UK who has lived in the UK for at least 7 years and it would be unreasonable for them to leave the UK;
  • It would otherwise breach human rights to prevent you from coming to the UK or to make you leave the UK.