Our parent of a child visa solicitors have successfully assisted 100s of clients with their parent of a child visa applications and are experts in preparing parent of a chid visa applications. We have successfully handled standard to highly complex spouse visa applications and can leverage our expertise to help you join or remain with your child in the UK in an efficient and timely manner. Our team of specialist immigration lawyers will take the time to understand your objectives, assign the right lawyer or a team of lawyers – where necessary – to your case and agree a strategy to help you achieve your objectives as cost-effectively and as quickly as possible.
If you wish to discuss your UK Parent of a Child Visa application with one of our expert immigration lawyers, call us on 0203 5761893 or complete our enquiry form
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To qualify for a UK Parent Visa, you must demonstrate to the Home Office (UKVI) that you meet the following requirements:
You are at least 18 years old;
Your child is under the age of 18 at the time of your application for a UK Parent Visa;
Your child is residing in the UK;
Either (i) you have sole parental responsibility for your child; or (ii) you have direct (in person) access to your child as arranged with the parent or carer with whom the child usually lives or as ordered by a UK court and in addition, you are not the partner of the parent with whom the child normally lives, and you are not eligible to apply for leave to enter or remain in the UK as a partner under Appendix FM of the Immigration Rules;
You are actively involved in the child’s life and upbringing and intend to continue your involvement in the child’s life;
You are able to maintain and accommodate yourself without recourse to public funds;
You are able to satisfy the English language requirement of the UK Parent Visa category.
Talk to our experts and get the right advice first time, every time.
The Parent of a Child Visa enables a parent to reside in the UK for the purpose of providing care to their child. The child must already be a resident in the UK, and should either hold British or Irish citizenship, be settled in the UK, or possess pre-settled status.
The Parent of a Child Visa category offers a pathway to indefinite leave to remain or settlement in the UK after a 5-year period.
If you qualify for a UK visa as a Spouse, Civil Partner, Unmarried Partner, Fiancé, or Proposed Civil Partner, you would be required to apply for a UK family through the relevant partner route rather than as a parent of a child in the UK.
The specific criteria you need to satisfy to be eligible for a Parent of a Child Visa can vary depending on your circumstances. You may wish to speak to an immigration lawyer for specific advice and guidance on your Parent of a Child Visa application.
In order to qualify entry clearance as the parent of a child in the UK, your child must:
Be a British citizen in the UK;
Have settled status or indefinite leave to remain in the UK;
Live in the UK with limited leave to remain or pre-settled status granted under Appendix EU.
In order to qualify for leave to remain in the UK, you must demonstrate that your child is either:
A British citizen living in the UK; or
Has indefinite leave to remain or settled status in the UK; or
Has lived in the UK continuously for at least the 7 years immediately preceding the date of your application as the parent of a child.
For the purposes of an application under this route, ‘Living in the UK’ means that the child in question is presently settled and is living in the UK at the date of your application. To qualify under this route, you are required to demonstrate that you intend to make the UK your permanent home with your child.
To qualify for a UK Parent Visa under this category, you must be able to demonstrate that your child is under the age of 18 at the date of your application.
If your child has reached the age of 18 after you have been granted a UK parent Visa under Appendix FM, you will continue to qualify for leave to remain as a parent if you are able to demonstrate that your child is not ‘leading an independent life’ and has not formed ‘an independent family unit’ of his own.
The phrase ‘Must not be leading an independent life’ or ‘is not leading an independent life’ means that the child in question is not in a relationship with a partner and continues to live with their parent (except where the child is at boarding school, college or university as part of their full-time education). In addition, you must satisfy the Home Office that your child is not employed full- time (unless they are aged 18 years or over), is wholly or mainly dependent on their parents for financial support (unless aged 18 years or over), and is wholly or mainly dependent on their parents for emotional support.
For the purposes of a UK Parent Visa application, a ‘parent’ is defined as a natural biological parent, as well as including the following:
The stepfather of a child if the child's biological father is deceased, with the term stepfather also encompassing relationships formed through a civil partnership;
The stepmother of a child if the child's biological mother is deceased (and the reference to stepmother includes a relationship arising through civil partnership);
The father of a child born outside of marriage is also considered a 'parent' when paternity has been established;
An adoptive parent, provided the child was adopted in accordance with the competent administrative authority or court in a country whose adoption orders are recognized by the UK, or where a child is the subject of a de facto adoption in accordance with the requirements of paragraph 309A of these rules;
Lastly, for a child born in the UK who isn't a British Citizen, the term 'parent' also applies to an individual who has been genuinely granted parental responsibility due to the original parents' incapacity to care for the child.
Parental Responsibility
To be eligible for a UK Parent Visa, you will need to satisfy the Home Office that you have sole responsibility for the child, or you have (in person) direct access to the child as agreed with the parent or carer with whom the child normally lives or as ordered by a Family Court in the UK.
Sole Parental Responsibility
For the purposes of a UK Parent Visa application, sole parental responsibility means that one parent has completely ceased parental responsibility, and the remaining parent has taken sole control in setting and providing the day-to-day direction for the child’s welfare.
Sole parental responsibility is not the same as legal custody and even significant financial support for a child does not in itself prove sole responsibility.
To demonstrate that you have sole responsibility for a child, the Home Office will want to see evidence that you have taken actions and decision in relation to the upbringing of the child without the input of the other parent or carer. This usually means that you have had exclusive responsibility for making decisions regarding your child’s religion, education, healthcare, recreational activities and where they live.
Shared Parental Responsibility
Where you share parental responsibility for the child with another parent or carer, that person must not be your partner. They also must be a British or Irish citizen, or have either indefinite leave to remain, settled status, permanent residence in the UK, or pre-settled status under Appendix EU.
In cases where you share parental responsibility with another individual caring for your child, that person must not be your partner. They also must be a British or Irish citizen, or have either indefinite leave to remain, settled status, permanent residence in the UK, or pre-settled status under Appendix EU.
Parental responsibility can be relied on by a parent to continue residing in the UK after their relationship with the child’s other British citizen or settled parent has come to an end, but they have maintained joint parental responsibility for the child in the UK.
If you do not have sole parental responsibility for the child and the child does not normally live with you, you must provide evidence to show that the parent or carer with whom the child normally lives is a British Citizen or settled in the UK and that that person cares for the child.
As part of your Parent of a Child Visa application, it will be necessary to assure the Home Office of your ongoing active involvement in your child’s upbringing.
The Home Office will anticipate extensive corroborating documentary evidence to substantiate your active involvement in your child’s development and your intention to persist with this role following the conclusion of your application. Our immigration advocates can provide guidance regarding the documentation stipulated by the Home Office, and scrutinize your documents to confirm compliance with the Immigration Rules.
Parent of a Child Student Visa holders are prohibited from studying in the UK.
To qualify for entry clearance or leave to remain as a parent, you will need to satisfy the Home Office that you meet the financial requirements of a UK Parent Visa. This means you will need to demonstrate that you are able to financially support yourself any dependents without recourse to public funds.
The Immigration Rules do not specify the level of income or amount of funds sufficient for ‘adequate’ maintenance. Adequate maintenance is case specific and depend on the number of dependants in the family unit. As a general rule of thumb, the Home Office will require you to show that after income tax, national insurance contribution and housing costs, you will have sufficient funds left to pay for your everyday costs.
Parent of a Child Visa Accommodation Requirement
To meet the accommodation requirement, you must provide evidence to show that you will have adequate accommodation in the UK for yourself and any family members who are dependent on you which you own or occupy exclusively.
Subject to certain exceptions, applicants for the Parent Visa must demonstrate proficiency in the English language as part of their submission process, as per Home Office guidelines.
For gaining entry clearance or to switch to the Parent of a Child Visa category, you must show a command of the English language at a minimum of CEFR level A1.
The English language requirement for the Parent Visa can be satisfied by:
Being a national of a country where English is the primary language;
Successfully passing an English language test at the required CEFR level or above with an approved provider, as listed on the Approved Secure English Language Tests and Test Centres;
Having an academic qualification like a Bachelor's, Master's, or PhD, which was granted in the UK. Or, if the degree was awarded outside the UK, it has been evaluated by Ecctis (formerly UK NARIC) to be equal to or greater than a Bachelor's or Master's degree or PhD in the UK. Plus, Ecctis has validated that the degree was taught or researched in English at or above the specified CEFR level.
To be exempt from the English language requirement, you typically need to show that:
You are aged 65 or over on the date of application;
You possess a physical or mental condition that impedes you from fulfilling the English language requirement;
There are exceptional circumstances that prevent you from meeting the English language requirement before entering the UK.
If you’re unable to prove that you meet the English language requirement (or are exempt), your Parent Visa application will be refused.
Talk to our experts and get the right advice first time, every time.
The Home Office application fee for a UK Parent Visa varies depending on whether the application is made from inside or outside the UK. For applications made from inside the UK, Home Office application fee is currently £1,033. For application submitted from outside the UK, the Home Office application fee is currently £1,523.
Duration of a UK Parent of a Child Visa
If you have made a successful application from outside the UK, you will granted a UK Parent Visa which will be valid for a period of 33 months. If you have applied from inside the UK and your application is successful, you will be granted a visa for a period of 30 months.
You must apply to extend your UK Parent Visa before the expiry of the initial grant of leave. If your application for extension of your UK Parent Visa is successful, you will be granted leave for a further period of 30 months.
After completing 5 years of residence in the UK under the UK Parent Visa category, you will be eligible to apply for indefinite leave to remain.
Switching Into the Parent of a Child Visa Route From Within the UK
An application for a UK Parent Visa can be submitted from inside the UK if you have valid leave to remain valid for 6 months or longer unless you are in the UK with leave as a visitor.
If you are in the UK but do not have valid you will be required to leave the UK and apply from outside the UK.
Working in the UK on a Parent Visa
If you have been granted leave to enter or remain in the UK as a parent of a child, you will have the right to work in the UK.
Indefinite Leave to Remain as a Parent
If your Parent Visa application is approved, you will be granted initial entry into the UK for a duration of two and a half years (an extra three months if applying for entry clearance). Before your visa expires, you will have to apply for an extension. If the extension is granted, you will be given an additional two and a half years of stay.
After a five-year period (60 months) in the UK via the Parent Visa route, you could be eligible to apply for indefinite leave to remain in the UK.
To qualify for indefinite leave to remain status as a parent, besides meeting the above conditions, you must also demonstrate the following:
Proficiency in the English language to the higher CEFR Level B1 that is required for settlement applications.
Successful completion of the Life in the UK test (unless you are exempt).
If you apply for indefinite leave to remain status as a parent but fail to meet the above criteria, UK Visas and Immigration will evaluate whether you satisfy the conditions for an extended stay as a parent.
Our team of specialist immigration lawyers can assist you in relation to your Parent of a Child Visa application through expert legal advice, guidance, and representation on a fixed fee basis. Our fixed fee covers all the work in relation to your Parent of a Child visa application from initial instructions until a decision is reached on your application by the Home Office. If instructed, your case will be handled by a specialist immigration lawyer whose work will entail the following:
Taking detailed instructions to find out all relevant facts;
Advising you on the eligibility requirements of your application;
Advising you on the suitability requirements of your application;
Assessing the strengths and weaknesses of your case in light of your personal circumstances;
Where necessary, advising you on the weakness if your case and the steps you may be able to take to mitigate those weaknesses;
Presenting you with a comprehensive list of documents to provide in support of your application;
Reviewing your documents to ensure they are in line with the requirements of the immigration rules in relation to your application and they are in the right format;
Advising you on further documents to be provided where necessary following review of collated documents;
Drafting your application form and presenting you with draft application for your consideration;
Advising on the application form details and making amendments where necessary or requested by you;
Drafting detailed letter of representations, demonstrating that all legal requirements relating to your application have been satisfied;
Drafting witness statements for you and other relevant witnesses where necessary;
Where possible, taking necessary steps to submit your application via Priority service to ensure faster processing time;
Uploading all the necessary documents in support of your application onto the Home Office application portal;
Arranging an appointment for you to enrol your biometrics as part of your application process;
Liaising with the Home Office, where there has been a request for further information or documents;
Why Choose Our Specialist Immigration Lawyers For Parent of a Child Visa Application?
Our expert immigration lawyers have a wealth of experience in handling all types of immigration applications and have successfully assisted many applicants with their spouse visa applications. Below is a summary of reasons why we are different and are the right fit for you:
Our team of specialist immigration lawyers handle each case with great care and attention to detail from outset to its conclusion. Our expert immigration lawyers will ensure that your case if progressed in a timely manner and that you receive the highest quality legal advice and representation throughout the life of your retainer. The quality of service provided by our team of specialist immigration lawyers are self-evident from our Google review.
Remote Legal Services
Our team of specialist immigration lawyers can provide you with excellent advice, guidance and legal representations remotely using modern means of communication. Whilst our expert immigration lawyer can meet you face to face in our offices at the heart of London, where a face to face meeting is not possible or convenient, our lawyers can represent you remotely without the need for you to attend our offices. Our expert immigration lawyers have successfully represented clients remotely from all four continents without their needing to attend our offices for a face to face meeting and can also represent you remotely if necessary.
Specialist Advice and Representation
If instructed, your matter will be assigned to a lawyer with specialist knowledge of immigration law who will handle your matter from initial instructions to its conclusion, and where necessary – such as in complex matters – your immigration lawyer will be assisted by other immigration lawyers to ensure the best possible legal advice and representation.
Fast Track Visa Processing Service
The Home Office (UKVI) provide a faster processing of application via its Priority Service application which enables you to get a decision on your (in-country) application within 24 hours of enrolling your fingerprints or within 5 days of enrolling your biometrics for out of country applications. Our specialist immigration lawyers can take all steps to submit your application via Priority service so that you can get a decision on your application in the shortest time possible.
To help you with certainty regarding the costs of your legal representation, we provide services for a reasonable and affordable fixed fee. To further help our clients manage the costs associated with their application, we can offer an instalment plan so that you can pay your fixed fees in instalments. Please do note, however, that all instalments must be completed before you enrol your biometrics.
Open 7 Days A Week
Although our offices are officially open Monday – Friday, if you wish to have your case progressed outside of our normal office hours, we can arrange for one of our immigration lawyers to handle your case on an urgent basis for an additional fee.
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Our team of specialist immigration solicitors and lawyers can provide you one-off advice completely free of charge via our online enquiry form.
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If your child turns 18 after your Parent of a Child visa application has been submitted but before a decision has been reached, it will not affect your application.
In cases where your child has turned 18 by the time you need to apply for an extension or remain as a parent, it will not pose a problem as long as they were under 18 when you were initially granted parental leave on the Parent of a Child route and they have not formed an independent family unit nor are leading an independent life.
If you are applying for a Parent Visa from outside the UK, you should apply in the country where you reside (not as a visitor). You do not have to be a citizen of that country.
If you are already in the UK and have been granted permission to stay for more than six months, you can apply for leave to remain as a parent within the UK.
If you have been granted leave of six months or less, such as a visitor, you will usually need to leave the UK and apply for entry clearance as a parent from abroad. The concession which permitted visitors to apply within the UK during the Covid-19 pandemic is no longer active.
No, if your child typically lives with your partner, you will not be eligible for leave on the Parent of a Child route. This holds true even if your partner is a British citizen or a settled parent or caregiver. You might want to explore your eligibility for entry clearance or leave to remain on a partner or private life route instead.
Applications for a Parent Visa are made using an online application form. The form varies depending on whether the applicant is applying from within the UK or from abroad.
Before applying for a UK Parent Visa, you should verify the appropriate application form for your individual circumstances with an immigration lawyer.
While preparing your Parent Visa application form, you should also prepare your supporting documents, as there are certain document requirements that necessitate your documents being dated prior to the date you submit the online application form.
The existing system permits individuals to upload scans of their parent visa supporting documents for the Home Office to examine. However, you should verify the specific procedure for the country in which you intend to apply at the time of your application, as the Home Office periodically modifies this system.
If your UK Parent of a Child Visa application is denied, you should have the right to appeal because a parent application is automatically regarded as a human rights claim.
The appeal will be adjudicated at the First-tier Tribunal (Immigration and Asylum Chamber) in the UK.
If you are in the UK, you will have the opportunity to attend and present evidence before the Judge.
If you are outside the UK, you can submit a written statement and provide evidence for the Tribunal to consider. If suitable in your case, arrangements can be made for you to provide evidence remotely.
The process of immigration appeal can span many months and the outcome may not be certain. Once again, we advise seeking legal counsel and representation from a specialist immigration lawyer before appealing a decision to reject a Parent Visa application.
If you cannot fulfil the requirements for a UK Parent Visa, you may still be able to enter or remain in the UK based on human rights grounds, for instance:
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