Child of a Parent with Leave to Remain (LTR) in the UK Visa
Many parents with Leave to Remain in the UK face emotional and legal stress when trying to bring their children to join them. Confusing eligibility rules, overwhelming paperwork, and the constant fear of refusal make the process even harder. On June 1, 2022, the Home Office introduced changes that eased some of these challenges, but professional guidance is still essential.
Our trusted immigration solicitors in the UK specialize in child visa applications and provide end-to-end support. Contact us today at +44 208 016 2308 or complete the form on our website. We’re here to help reunite your family smoothly and successfully.
What Is Leave to Remain (LTR) in the UK?
For overseas nationals, the LTR (Leave to Remain) is permission to stay in the United Kingdom issued by the Home Office for a specific period (Limited Leave to Remain/ LTR) or indefinitely (Indefinite Leave to Remain/ ILR). These are provided under the family, work, or even humanitarian routes.
Depending on the type of LTR and their immigration history, parents who hold an LTR may be eligible to bring their dependent children to live with them in the UK.
A set of conditions needs to be fulfilled for a UK child visa to be obtained through a parent with Leave to Remain status.
- The legal guardians should hold
- Valid Leave To Remain or Indefinite Leave To Remain in the UK.
- Sole or joint custody/care of the child.
Have the financial means to adequately care for the child without drawing from taxes or government aid.
They ought to demonstrate that the parent with LTR is their biological, adopted, or step-parent. This can be supported with the following documents:
- Birth or adoption certificates.
- Evidence of parental responsibility.
- Guardianship agreements, if applicable.
The home office will check if:
- The child lives with the parent or plans to do so when they arrive.
- The required accommodation is appropriate for the child’s age, and the child’s expenses do not exceed the inadequate funding.
- If the child lives with the other parent outside the UK, they must bring documentation explaining why moving is in the child’s best interest.
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The UK immigration rules consider a child to be:
- Someone under the age of 18 at the time of applying.
- Single and unmarried, meaning no marriage or civil partnership has taken place.
- Dependent on Parent(s) who have Leave To Remain in the UK (LTR) means living with the parent and not being full-time employed or self-supporting.
- Does not live separately (i.e., not working full-time or financially self-sufficient).
If a child’s application has been put forward, but they reach the age of 18 after the application, but before the decision is made, they would still be partially considered eligible.
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Sponsoring a visa for a child requires proof of good financial stability. The parent initiating the sponsorship has to show clear-cut evidence that financial assistance in the form of welfare benefits will not be needed.
The financial threshold might differ depending on the immigration route (spouse visa versus skilled worker route). Still, in general, there’s a need to demonstrate that the parent has enough income or savings to provide:
- Adequate accommodation or housing.
- Yearly spending on supplies and other services.
- Health and education care services, when applicable.
- Other necessary documents needed to complete the application
The application should include relevant documentation, especially if it is of a formal nature. Important documents consist of the following:
- A photo of the child’s passport.
- Child’s birth documents.
- Divorce or Marriage Certificates.
- Financial proof (of mortgage or tenancy documents) or housing (bank receipts, forged payment statements) is needed.
- Consent letters if only one parent is applying:
A parent’s consent will be required, but not limited to this letter alone. Virtually all visas require supporting documents. These documents are by no means optional, and failing to submit them correctly or lacking them will result in penalization and consequences.
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Applying for a child visa under Leave to Remain (LTR) involves several crucial steps that must be completed carefully to avoid delays or refusals. Below is a simplified overview of the standard application process:
- Navigate the UK Home Office website and complete the visa application online.
- Pay the application fee along with the IHS (Immigration Health Surcharge).
- Schedule a biometric appointment at the closest local visa application center.
- Digitally submit supporting documents or present them at the visa center.
- Post application, wait for verdict: Standard 8-12 weeks, but can exceed 12 weeks.
- If the applicant has a visa in the UK, switching or extending it is permitted, as long as the time frame for staying on the current visa status is not exceeded.
Once the visa is approved, direct travel access to the UK is permitted. Here, activities such as living with parents (s), studying at a local school or college, and using services offered by the NHS are available.
After they complete their qualifying residence period, an Indefinite Leave to Remain application is possible, and after 5 years residing in the UK, they may gain eligibility for British citizenship.
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Recognition of common pitfalls permits avoidance of application rejection. These consist of inadequate amounts of supporting documents.
- Lack of evidence to support unilateral parental responsibility.
- Neglecting to fulfill financial obligations.
- Inaccurate or incomplete documents.
- False claims or contradictions in the supplied details.
Proper collaboration with a UK immigration solicitor who ensures legal obligations are fulfilled can mitigate these potential issues.
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In the UK, leaving the immigration process to a professional solicitor can help you avoid some of the issues, as unwarranted barriers are difficult to navigate. Misunderstood or misapplied immigration rules contain a lot of foreign red tape.
An expert solicitor will assist you with:
- Assessing your eligibility.
- Documenting.
- Sponsorship and representation of your application.
- All communications with the Home Office.
- In case they rule in refusal, representation in appeals and reviews.
We’re proud to have assembled a team of immigration solicitors in the UK: their expertise has enabled families to settle in the UK. Every family is provided with legal steps explicitly designed for their situation.
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What We Offer
Our Services
we understand that immigrating to a new country is a significant
decision that comes with its own set of challenges.
Family Visas
Partner Visas
Settlement in the UK
Settlement of EEA Nationals
British Citizenship and The Right of Abode
Challenge a Refusal
Removals/Deportations
Asylum/Human Rights
Sponsor License for a UK Business
UK Business Visas
Student Visas
Popular Work Visas
Other work visas and permits
Visas without a job offer
Work for an overseas employer
Temporary work visas
UK Visit Visas
Final Thoughts
The details involved when bringing a child to the UK for someone with ‘leave to remain’ are extremely straightforward yet detailed, nuanced, and multi-faceted. Proving relationships, clearing financial hurdles, and providing robust supporting documentation are all important. Each constituent step is equally important.
To maximize the chances of giving your child a successful application to join you in the UK, it is advisable to seek professional services from an immigration solicitor in the UK who is experienced in handling your type of case. With proper guidance, family reunification can be a reality, not simply a dream.
FAQ
Frequently Asked Questions
1. If a child is born outside the UK, can they join a parent with an LTR?
The child can apply as a dependent if the parent possesses a valid LTR or ILR. However, the relationship, finances, and appropriate accommodation must be proven.
2. What is the visa fee for a child dependent?
The visa fee for a child under 10 is also £1,846. This amount may change before 2025 with the Immigration Health Surcharge as an additional fee.
3. Can I seek my child’s visa while within the UK?
If the child is already in the UK, seeking a visa under a different category is possible. Switching to a dependent visa can be done within the UK.
4. What if my child turns 18 during the process?
The child’s age does not affect the validity of their eligibility as long as they are under 18 when the application is made.
5. Do I have to use a solicitor when making an application?
Though not required, using an immigration solicitor within the UK significantly reduces risks associated with mistakes, refusals, and delays. Also, all legal matters are dealt with appropriately.
6. What is the processing time for a child dependent visa?
For applicants outside the UK, the expected processing time for a child dependent visa is between 8 and 12 weeks. This can change based on the applicant’s location, document readiness, and whether further checks need to be done. If a priority service is available, waiting time could be shortened to five working days.
7. Can both parents apply for the child if only one possesses Leave to Remain?
Yes, but it can get complicated. In the scenario where only one parent has LTR, they must show they had sole responsibility for the child. Suppose both parents share responsibility, but one is outside the UK. In that case, there needs to be compelling evidence to prove the need for the child to live with the parent in the UK, such as the other parent being unable or unwilling to take care of the child.
8. Can a child work in the UK with a dependent visa?
UK law prohibits children under 16 from engaging in full-time work. Nonetheless, there are opportunities for part-time work and voluntary engagements per UK child labor regulations. After age 16, certain work freedoms take effect, subject to their visa restrictions and the local authority regulations.
9. Does my child need to meet the English Language requirement?
No, dependents of a Limited to Remain visa do not have to fulfill any English language requirements. However, speaking English will be necessary for subsequent applications for Indefinite Leave to Remain (ILR) or British citizenship, especially if they intend to apply as adults.
