Comprehensive Requirements for a UK Child Visa for Children of Settled or Settling Parents or Relatives

This immigration pathway is designed specifically for children seeking indefinite leave to enter the United Kingdom, based on their relationship with a parent or close relative who is either already settled in the UK or is being granted settlement status. This category excludes those applying as Partners or Parents under Appendix FM or as migrants under the Points-Based System (PBS).

To successfully obtain a Child Visa under this route, applicants must demonstrate to UK Visas & Immigration (UKVI) that the following criteria are fully met:

• The child or child relative must be under 18 years of age at the time the visa application is submitted.

• The child must not have established an independent family unit separate from their parent(s) or relative.

• The child should not be living an autonomous or independent lifestyle.

Additionally, one of the following family circumstances must apply:

• Both parents are settled in the UK.

• Both parents are simultaneously being admitted to the UK for settlement.

• One parent is settled in the UK, and the other is being admitted at the same time for settlement.

• One parent is settled or being admitted for settlement, while the other parent is deceased.

• One parent is settled or being admitted for settlement and has held sole responsibility for raising the child.

• Either one parent or a relative is settled or being admitted for settlement, and there are serious and compelling family or other humanitarian considerations that make excluding the child undesirable, with appropriate arrangements made for the child’s care.

Furthermore, the child must satisfy specific financial and accommodation requirements as set by UKVI to ensure adequate support and living conditions during their stay in the UK.

Meeting these detailed requirements is essential for the successful grant of a UK Child Visa under this particular immigration route.

Child Has Not Established an Independent Family Unit

For immigration purposes, it is essential that your child or a child relative applying for indefinite leave to remain in the UK has not formed an independent family unit. This generally implies that the child must not reside separately as part of another household comprising a spouse, civil partner, fiancé(e), proposed civil partner, or unmarried partner. Ensuring the child remains within the original family structure is a critical criterion in such immigration assessments.

Child Not Considered as Leading an Independent Life

Under the UK Immigration Rules, particularly within the family life provisions of Part 8, a child who is deemed to be leading an independent life will not be eligible for a Child Visa. To meet the criteria, the child or any child relative seeking indefinite leave to enter the UK must not have voluntarily established a separate and self-sufficient social unit.

In practical terms, this generally implies that the child must reside with their parent(s) or legal guardian(s), unless they are enrolled in full-time education at a boarding school, college, or university. Furthermore, the child must not hold full-time employment and should remain primarily or entirely reliant on their parent(s) or guardian(s) for both financial and emotional support.

Sole Responsibility in a Child Visa Application

Sole responsibility refers to a situation where one parent has completely relinquished their parental duties, leaving the other parent solely accountable for making all major decisions concerning the child’s upbringing, welfare, and daily care.

When claiming sole responsibility, it is generally expected that the child resides exclusively with you rather than the other parent, and that you have maintained – and continue to maintain – full control over every aspect of your child’s care. The Home Office places significant emphasis on strong, verifiable evidence demonstrating that you are the only individual responsible for your child’s upbringing, without any shared parental involvement.

Specialist immigration professionals can guide you in compiling the necessary documentary proof required by the Home Office to successfully establish sole responsibility for your child as part of a Child Visa application.

Serious and Compelling Family or Other Considerations

When determining whether there are serious and compelling family or other circumstances that render a child’s exclusion from the UK undesirable, the Home Office undertakes a meticulous, fact-specific assessment focused on the child’s welfare and best interests.

Family-related factors require a careful evaluation of the child’s overall well-being, including their emotional, developmental, and psychological needs. The circumstances must be sufficiently exceptional and persuasive to justify granting the child entry to the UK.

Other relevant considerations may encompass a wide range of factors impacting the child’s quality of life. These can include:

• The social, cultural, and economic environment in which the child currently resides.

• Evidence of neglect, abuse, or unsafe living conditions.

• Any unmet educational, medical, or personal needs that cannot be adequately fulfilled outside the UK.

The Home Office will weigh whether these factors, individually or collectively, amount to serious and compelling reasons warranting the child’s admission. Additionally, it must be demonstrated that suitable care arrangements are already in place within the UK to safeguard the child’s welfare upon arrival.

UK Child Visa Financial Requirement

To secure a UK Child Visa as the dependent of a parent with limited leave on a settlement route, or as the child of a parent or relative who is already present and settled in the UK, it is necessary to satisfy the Home Office that the child will be adequately maintained without recourse to public funds.

Adequate maintenance means that the family’s projected weekly income (“A”), after deducting weekly accommodation costs (“B”), must be equal to or exceed the standard income support threshold (“C”).

The calculation follows the formula:
A – B ≥ C

For cases involving cash savings, the total funds must be divided by the number of weeks of leave expected to be granted, ensuring that the financial requirement is met throughout the visa period.

Applicants must also provide comprehensive and verifiable financial evidence to support their claims. Professional guidance can be invaluable in navigating these requirements, ensuring that every aspect of the Home Office’s financial criteria is thoroughly addressed.

UK Child Visa – Accommodation Criteria

To secure a UK Child Visa for entry as the dependent of a parent who has limited leave to enter or remain on a settlement route, or as the child of a parent or relative who is settled or being admitted for settlement in the UK (excluding partners or parents under Appendix FM or PBS migrants), the Home Office requires proof of adequate accommodation. This accommodation must be owned, rented, or exclusively occupied by the parent(s) or relative the child intends to join, and it must be available without the need for public funds.

Applicants must demonstrate that the property is lawfully owned or occupied, that the child has exclusive rights to reside there, and that the accommodation meets legal overcrowding and public health standards. Documentary evidence, such as tenancy agreements, title deeds, or property ownership records, will typically be required to prove compliance.

English Language Exemption for Child Visa Applicants

Children applying for a UK Child Visa are exempt from meeting any English language proficiency requirements. This exemption recognises the applicant’s dependent status and age-related limitations in language capability.

Current Fees for UK Child Visa Applications

The Home Office processing fee for a UK Child Visa application made from outside the UK is currently £1,523. For applicants applying from within the UK either to switch into the Child Visa category or to extend an existing visa the current fee stands at £1,033.

How Link And Day Lawyers  Can Support You

At Link And Day Lawyers, we specialise in delivering expert immigration services tailored to the unique needs of families and children. Our dedicated team frequently supports foreign national children in relocating to and establishing a secure future in the UK alongside their parents or relatives. Over the years, we have successfully guided numerous families through the process of preparing and submitting well-structured Child Visa applications.

Whether you are seeking specialist legal advice on the eligibility criteria outlined in the UK Immigration Rules for a Child Visa, an in-depth evaluation of your chances of approval, or comprehensive assistance in compiling a flawless application, our experienced immigration lawyers are here to provide unmatched guidance.

We take pride in our approachable and client-focused approach, ensuring that every individual receives personalised and effective support. Our legal team is highly motivated and committed to offering transparent, accurate, and result-oriented immigration advice for those pursuing a Child Visa. With Link And Day Lawyers, you can expect a seamless, professional, and empathetic service designed to meet your immigration goals.