Family life as a parent of a child in the UK
You might want to apply for a parent visa if you’re a parent who wants to relocate to the UK to be with your child. A separate, formal “parent visa” is not available under the UK immigration system. Alternatively, parents can apply through the more general Family Visa process to join their child.
Applicants must fulfil strict qualifying requirements even though the Family Visa is intended to keep families together. Additionally, the visas are renewable in order to maintain legal status. However, you could be eligible to apply for an indefinite leave to stay in the UK after five years of being a parent visa holder.
Get in touch with us for a thorough rundown of the steps parents must take to apply for a visa so they can have a Family life as a parent of a child in the UK.
Parent Visa Eligibility Criteria
Only parents who fulfil specific requirements are eligible to reunite with their children via a parent visa under UK immigration laws. These requirements depend on the child’s age and place of residence, the parent-child bond, and the parent’s capacity to offer sufficient housing and financial assistance.
The child must be in one of the following situations in order for the parent to qualify:
Whether by birth or naturalisation, the kid is a British or Irish citizen.
Under the EU Settlement Scheme, the child has settled status or indefinite permission to remain (ILR).
The grandparent was born in either the Channel Islands or the Isle of Man, or in he UK, and the child is a Commonwealth citizen.
If you are submitting an application from inside the United Kingdom, you must demonstrate that it would be unreasonable for the child to leave the country after they have lived there continuously for at least seven years.
The child’s parents must provide proof that they live in the UK continuously. Unless reliance can be demonstrated, the parent’s eligibility may be impacted if the child lives on their own, for example by going to college or working.
When applying for a parent visa, the child must not be a person living alone and must be younger than 18 years old, or must have been younger than 18 when you were first granted entry clearance or permission to stay.
If the child is older than 18, special circumstances may apply, which include the child relying for medical or another reason. regardless of whether the child is more than 18 and presently in the UK with settled status, parents can still submit an application if they can demonstrate ongoing dependency or that the youngster is incapable of living on their own.
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You must show that you have a close parental bond with your child in the UK to be eligible for a UK Parent Visa. This entails fulfilling certain requirements about your duty to the child and your involvement in their upbringing. A thorough discussion of the prerequisites, supporting documentation, and crucial factors is provided below.
Candidates must demonstrate that they are alone in charge of raising their child. This implies that you alone are in charge of the child’s day-to-day care and welfare, including important choices pertaining to their general wellbeing, education, and health. Usually, sole responsibility means that the other parent has given up their parental role and is no longer active in the child’s life.
You must present proof of sole responsibility, such as custody agreements, court rulings, or records from educational institutions or medical professionals attesting to your status as your child’s principal decision-maker. Since total responsibility necessitates complete control over the child’s daily life and long-term care, financial assistance from the other parent is not considered shared parental duty.
You can demonstrate that your child typically lives in your care if they live with you full-time. This will satisfy the relationship criterion. Tenancy agreements, utility bills, or letters from local authorities or schools attesting to the child’s residency with you must be used to support this. If the child resides with you and not the other parent for the most of the time, this requirement is met.
You must demonstrate that you have immediate access rights to the child in situations where they live with someone else, such as another parent or carer, rather than with you. These access rights may be established by a court order or a mutually agreed upon arrangement with the other parent or caretaker. You must demonstrate that you actively exercise any access rights you may have, such as by making frequent visits to the child, going to school functions, or attending doctor’s appointments.
Being physically present in the child’s life is a prerequisite for direct access. This need cannot be met by indirect interaction, such as phone conversations or messaging on social media. Court rulings, letters from healthcare professionals or schools, and contact centre records are examples of evidence that shows your active involvement.
Being actively involved in your child’s upbringing is a crucial component of the relationship requirement. This can involve taking your child to doctor’s visits, going to school functions, or being there for important life events. To back this up, you could offer:
- School letters attesting to your participation in parent-teacher conferences or school-related events.
- Documentation from medical professionals, such as letters from dentists or physicians, attesting to your presence at your child’s appointments.
iii. Legal documents or court orders that specify your access or custody arrangements.
These records must demonstrate a continuous, involved, and significant role in your child’s life.
To apply for the Parent Visa, you must fulfil certain requirements if your kid resides with another parent. A British citizen, a person with settled status in the UK, or someone with limited leave under the EU Settlement Scheme must be the other parent or carer. Furthermore, they must be your present partner or someone you were dating for less than two years prior to the application date.
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In contrast to the Spouse or Partner Visa, which has a set salary threshold, the financial requirements for parents via the Family Visa route may change depending on particular circumstances. In essence, candidates need to show that they can support themselves and their dependents without needing to obtain government aid.
The Home Office uses the criterion of sufficient upkeep and accommodation to determine financial eligibility.
Your ability to sustain yourself and your dependents in the UK is guaranteed by the adequate maintenance test. Your weekly income, after housing expenses are subtracted, is compared to the minimum income set by the government in this test.
Start by figuring out your weekly revenue to determine how much maintenance is necessary. If you live together, include your partner’s income in addition to your income from shares, rent, pensions, and wages. Add any savings you’ve had for at least six months as well (calculation shown below). Next, subtract your weekly housing expenses, including council tax and rent or mortgage payments.
Your residual weekly income must be equal to or greater than what a family of your size would be entitled to if they were receiving income support in order for you to pass the test.
Among these tiers are:
- £90.50 if you’re not dating.
- £142.25 in the event that you share a residence.
iii. £83.24 each kid under the age of eighteen living with you.
You have to demonstrate that your accommodation satisfies specific requirements. The lodging must be in excellent condition and fit for occupancy, and the number of inhabitants cannot exceed the property’s size restrictions set by law.
Utility bills, council tax records, rental agreements or mortgage documentation, and, if necessary, a property inspection report are also required.
You can utilise savings to augment your weekly income or as a substitute for income. Savings are taken into consideration in two ways:
- Supplementary Savings: To determine this, you need to be dividing your total funds by the amount of weeks you are applying to stay in the UK will show you how much more you can contribute to your weekly income.
- Relying Only on Savings: You need to have at least £88,500 if you’re just using savings. This sum guarantees that your maintenance requirements will be satisfied without requiring you to earn more money. To achieve the financial criterion, savings ranging from £16,000 to £88,500 might be paired with other sources of income.
If necessary, you will need to show verification of the funds’ origin as well as bank statements for the last six months or more.
You might be eligible to count your partner’s benefits, including Housing Benefit or portions of Universal Credit, if your estimated total income is less than the necessary amount.
Any portion of housing expenses that are covered by benefits like Housing Benefit or Council Tax Reduction can also be excluded.
You can also consider seeking expert counsel regarding your alternatives, such as looking into further proof or exemptions.
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It is crucial to remember that applicants for Parent Visas are subject to specific limitations. You must already have a visa that allows you to convert to a different category and is valid for more than six months if you are applying from within the UK. For instance, those on visiting visas cannot apply for a parent visa from within the United Kingdom; you must apply outside of the nation.
Additionally, if you owe the NHS £500 or more, you are not eligible to apply.
You will be permitted to remain in the UK for two years and nine months if your parent visa application is approved; after that, you will need to apply to stay longer.
You may be eligible to apply for ILR to remain in the UK after five years (60 months) of stay under the Parent Visa route.
To be qualified for indefinite probation, you must demonstrate the following in addition to the previously listed requirements.
- Unless you are exempt, you have passed the Life in the UK exam.
- You also satisfy the higher CEFR Level B1 English Language requirement for settlement applications.
If you apply for indefinite leave to remain as a parent but do not meet the aforementioned requirements, UK Visas and Immigration will decide whether you meet the requirements for a subsequent extension of stay as a parent.
In addition to a biological parent, the following individuals are considered “parents” for the purposes of a Parent of a kid Visa application:
- A stepfather of a child whose biological father has died (and the term "stepfather" encompasses a civil partnership connection);
- The child's stepmother, including a relationship formed through a civil partnership, whose mother has passed away;
- Both the mother and the father of an illegitimate kid in which he is established to be the biological father;
- A child who is the subject of a de facto adoption in accordance with the terms of paragraph 309A of the Immigration Rules (except that a child who was legally adopted as well as a child who is the liable of a de facto adoption may not be eligible for leave to come to Britain or stay there in order to accompany, join, or remain with a parent who adopted them under paragraphs 297 to 303); or a child who was adopted in accordancebyn made by a suitable court or administrative body in a country whose adoption orders are recognised by the UK;
- Someone to whom parental responsibility has been lawfully transferred because the original parent or parents are unable to care for the child, in the case of a child born in the UK who is not a British citizen.
They cannot be your spouse for both entrance clearances and leave to stay applications as a parent of a child if your kid usually lives with another parent or carer (who is British or Irish, established in the UK, or in the UK with pre-settled status).
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Parental Responsibility
You must either share parenting responsibilities with the parent or carer your child typically resides with, or you must have exclusive parental responsibility for your child in order to be eligible for a Parent of a Kid Visa.
Taking an Active Part in Raising the Child
You must also demonstrate to the Home Office that you are actively involved in your child’s upbringing and plan to do so going forward in order to be granted a Parent of a Child Visa.
In order to verify that you are actively involved in your child’s upbringing and that you intend to continue doing so after your application has been reviewed, the Home Office will require thorough supporting documentation. Our immigration lawyers may verify your documents for conformity with the Immigration Rules and provide you with advice on the documentation the Home Office requires.
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Checklists for Parent Visa Supporting Documents
The lack of sufficient supporting paperwork is the most common reason a Parent Visa application is rejected.
The Immigration Rules specify stringent requirements for the supporting papers required for a UK Parent Visa application. Every circumstance is different, and the supporting documentation needed for a ParentVisa application will change depending on the circumstances.
When applying for a parent visa utilising already prepared document checklists, applicants should exercise extreme caution. Consulting with an immigration attorney can guarantee that the given documents are suitable for specific situations.
Furthermore, a parent visa application may be denied if a necessary document is missing, in the incorrect format, or does not include all necessary information. The outcome of an appeal may be unpredictable and can take many months to decide. A new application will cost more money and take longer.
Currently, a UK Parent Visa application filed outside of the UK costs £1,846 to the Home Office. Currently, the Home Office application fee is £1,048 for those who wish to prolong their stay as parents or switch into the Parent category from within the UK. Using the Priority or Super Priority Service will incur additional costs.
The first validity of your UK Parent of a Child Visa will be 33 months if your application is approved. You will receive a 30-month leave of absence if you ask for it in order to stay in the UK as a parent of a child.
Before the original leave permit expires, you must apply for permission to stay longer from UK Visas and Immigration. If your request for further leave is granted, you will be granted additional leave to be a parent for a period of 30 months.
After five years, you can apply for indefinite permission to remain in the UK of being a parent. No other immigration route will allow you to incorporate time spent in the UK.
Switching to Parent of a Child Visa from the UK
Unless you are visiting the country or, in most cases, have a legal leave of absence for less than six months, you can apply for ILR as a parent from within the United Kingdom.
In order to settle in the UK as a parent of a kid, visitors need apply for entrance clearance as parents from abroad after leaving the UK.
In severe cases, if you are in the UK and have permission to remain a parent until the family court processes are over, you may ask for permission to stay in the nation.
How Immigration Solicitors UK Can Help
In the UK, our immigration lawyers frequently help parents from other countries move and settle with their child. Immigration Solicitors UK have helped numerous parents of foreign nationals prepare and submit their applications for UK parent visas.
We take great satisfaction in being personable and proactive in identifying and attending to the needs of our clients. As part of a professional and amiable service, our team of highly motivated immigration barristers is committed to offering individuals applying for a UK Parent Visa clear and trustworthy immigration advice. Contact us at 447561699666 if you are still looking fo dtild information about Family life as a parent of a child in the UK.
FAQ
Frequently Asked Questions
What happens if my child turns 18 after I apply?
The validity of your request is unaffected if your child reaches 18 after you have filed for a Parent of a kid visa but before a decision is reached. The child’s age is determined by the Home Office at the time of submission, not when the decision is made.
You could still be able to extend your stay in the UK if your child has already reached 18 at the time you apply for one. But two requirements need to be fulfilled:
- When you were initially given leave through the Parent method, the child was younger than eighteen.
- The child is not leading an autonomous life and has not established an independent family.
Your visa may still be extended in the same category if those two conditions are satisfied.
What if my child lives with my partner?
Even if your spouse is a British citizen or has lived in the UK, you will not be eligible for a Parent of a kid visa if the kid typically resides with you.
This visa is intended for parents who do not reside with the child’s other parent. Depending on your situation, the Partner visa or even the Private Life path can be the best option if your child lives mostly with their other parent, which is your partner.
Where should I apply for the Parent of a Child visa?
If applying from outside the UK:
You must apply in the country where you are legally resident, not just visiting. You do not need to be a citizen of that country, but you must have lawful residence there. For example, if you hold a residence permit in a third country, you may apply from that country.
If applying from within the UK:
If you currently hold a valid permit to remain in the UK for more than six months (for example, on a work or family visa), you are eligible to apply. If you are a tourist or have a short-term visa (six months or less), you cannot apply from within the United Kingdom. If so, you will need to apply for entrance permission from overseas and depart the UK.
The COVID-19 exception that permitted holders of visiting visas to apply from within the United Kingdom has been discontinued.
How can I apply for Family parent of a child in the UK Visa?
Online applications are accepted for the Parent of a Child visa. Based on whether or not you are applying from inside or outside the UK, there are several online forms. Make sure you’re using the appropriate form for your circumstances.
You must also prepare and submit supporting documents, which may include:
- Proof of your relationship with the child (e.g., birth certificate)
- Evidence that the child is living in the United Kingdom
- Proof of your involvement in the child’s life (e.g., school letters, medical appointments, court orders, etc.)
Some documents must be dated before the application is submitted, so prepare them in advance. Documents are typically uploaded digitally through the Home Office’s system, but procedures may differ depending on the country.
What happens if the application is refused?
Since a Parent of a Child visa is regarded as a human rights claim, you will often have the right to appeal if your request is denied.
The UK’s First-tier Tribunal (Immigration and Asylum Chamber) will hear your appeal.
- In the UK, if you, you can attend the hearing and present evidence.
- If you are outside the UK, you can submit written statements and documents, and in some cases, remote video evidence may be allowed.
Appeals may take several months, and outcomes are not guaranteed. It is highly advisable to seek legal advice before submitting an appeal.
What if I do not meet the visa requirements?
Human rights rules may still allow you to stay in the UK if you are unable to fulfil all the conditions under the Parent route if you have a British or Irish child residing in the country;
- It would be irrational for your child to leave the UK as they have been there for at least seven years;
- Your Article 8 rights (family and private life) under the European Convention on Human Rights would be violated if your application were denied.
Each of these instances is evaluated separately, and Appendix FM of the Immigration Rules may provide certain exclusions.
