Status of the Child for a UK Parent Visa

To be eligible for a Parent of a Child Visa to enter and reside in the United Kingdom, it is crucial that your child is already living in the UK and meets one of the following legal status conditions:

• The child is a British citizen or an Irish citizen residing within the UK; or

• The child holds Indefinite Leave to Remain (ILR), settled status, or permanent residence in the UK; or

• The child possesses pre-settled status under the provisions of Appendix EU.

It is a fundamental requirement that your child must be physically present in the UK on the date when you submit your application. Additionally, you must demonstrate a genuine intention to make the United Kingdom your permanent home alongside your child. The Parent of a Child Visa is not applicable if your child is currently residing outside the UK.

If you are applying for leave to remain as a Parent of a Child from within the UK, the above-mentioned status criteria will still apply. However, you may also qualify under a different provision: if your child is not British, Irish, or holding settled/pre-settled status but has resided in the UK continuously for at least 7 years, you may still be eligible. In such cases, you must be able to satisfy the Home Office that requiring your child to leave the UK would be unreasonable and detrimental to their welfare. This exception ensures that the best interests of children who have built their lives in the UK are properly considered.

Age Criteria for the Parent of a Child Visa

To apply for a UK Parent Visa, you must be at least 18 years old at the time of submitting your application. Your child, on the other hand, must be under the age of 18 at the point of your initial application.

If your child turns 18 after you have submitted your Parent of a Child Visa application but before a decision has been made, this change in age will not negatively affect the outcome of your application. Similarly, when the time comes to apply for an extension of stay or further leave under the Parent of a Child route, the fact that your child has since reached 18 years of age will not disqualify you.

However, to remain eligible, certain conditions must be satisfied:

• Your child must have been under 18 years old at the time you were first granted leave as a parent under this visa route.

• The child must not have formed an independent family unit (for example, through marriage or cohabitation).

• The child must not be living an independent life (such as moving out permanently or being financially independent).

This ensures that the Parent of a Child Visa continues to serve its primary purpose allowing a parent to live with and care for their dependent child in the UK.

Who Is Recognised as a Parent?

For the purposes of a Parent of a Child Visa application under UK immigration rules, the term ‘parent’ extends beyond biological ties and includes various legal and recognised parental relationships. A person may qualify as a parent if they fall within any of the following categories:

• Stepfather of a Child – A man is considered a parent if he is the stepfather of a child whose biological father is deceased. This definition also applies to step-relationships formed through a recognised civil partnership.

• Stepmother of a Child – Similarly, a woman is recognised as a parent if she is the stepmother of a child whose biological mother has passed away, with step-relationships through civil partnerships also being valid.

• Father of an Illegitimate Child – A father can qualify as a parent if he is legally proven to be the biological father of a child born out of wedlock.

• Adoptive Parent – This includes individuals who have legally adopted a child under the authority of a recognised court or administrative body in a country whose adoption orders are acknowledged by UK law. It also extends to cases of de facto adoptions that meet the requirements of paragraph 309A of the Immigration Rules. However, children who are adopted or subject to de facto adoption cannot apply for entry clearance or leave to remain solely to join or accompany the adoptive parent under paragraphs 297 to 303.

• Parental Responsibility Transfer – In the case of a child born in the UK who is not a British citizen, a person who has been granted genuine and legal parental responsibility due to the biological parents’ inability to care for the child may also qualify.

It is important to note that when applying for either entry clearance or leave to remain as a Parent of a Child, the child must not be living with the applicant’s partner. Specifically, if the child resides with the other parent or legal carer who is British or Irish, settled in the UK, or has pre-settled status, that person cannot be considered your partner under the immigration rules.

Parental Responsibility

To be eligible for a Parent of a Child Visa, an applicant must demonstrate that they either hold exclusive parental responsibility for the child or share parental responsibility with the parent or legal guardian with whom the child primarily resides.

Sole Parental Responsibility

Sole parental responsibility refers to a situation where one parent is fully accountable for all major decisions concerning the child’s upbringing and daily care because the other parent has relinquished or no longer exercises parental responsibility.

When claiming sole parental responsibility, the UK Home Office requires substantial documentary proof establishing that you are exclusively responsible for the child’s welfare, without the involvement of any other individual. Immigration professionals at Link and Day Lawyers can guide you on the precise documentation needed to meet the Home Office’s requirements and strengthen your Parent Visa application.

Generally, your child must live with you, rather than the other parent (who may be British or Irish, settled in the UK, or holding pre-settled status). Additionally, you must not be eligible for leave to remain under a partner visa route.

Shared Parental Responsibility

When you share parental responsibility with another parent or legal guardian of your child, it is essential to note that this individual must not be your partner. Furthermore, the other parent or carer must either be a British or Irish citizen, hold indefinite leave to remain, have settled status or permanent residence in the UK, or possess pre-settled status under Appendix EU.

This provision of parental responsibility is frequently relied upon by parents who wish to continue residing in the UK after a relationship breakdown with a British citizen or a settled parent. It often applies where the applicant shares or has equal custody of a child in the UK, and remaining in the country is deemed to be in the best interests of the child.

If your child primarily resides with you rather than with the British citizen or settled parent, this can strengthen your position. However, if your child’s main residence is with the other parent or guardian, you must prove active and direct access to your child. This access should either be mutually agreed upon with the other parent or supported by a court order.

To successfully demonstrate shared responsibility in a Parent Visa application, it is often advisable to seek guidance from immigration lawyers who can assist with the necessary documentation and legal evidence required to meet Home Office standards.

Active Participation in Your Child’s Development

When applying for a Parent of a Child Visa, it is essential to demonstrate to the Home Office that you are currently playing, and will continue to play, an active and meaningful role in your child’s upbringing.

The Home Office carefully assesses whether applicants are genuinely involved in their child’s day-to-day life and long-term welfare. To prove this, you will need to present strong, well-documented evidence that highlights your ongoing parental involvement and your commitment to maintaining this role after the visa decision is made.

Immigration specialists at Link and Day Lawyers can provide expert guidance on the exact documentation required by the Home Office, ensuring that every piece of evidence complies with the latest Immigration Rules and significantly strengthens your visa application.

Parent of a Child Visa – Financial Eligibility Criteria

When applying for entry clearance or leave to remain in the UK as a parent of a child, it is essential to demonstrate that you possess the financial means to adequately support yourself and any dependents without relying on public funds.

Adequate maintenance is assessed by evaluating whether your projected weekly income (“A”), after deducting weekly accommodation costs (“B”), is equal to or exceeds the amount a similar household would receive if eligible for Income Support or an equivalent benefit (“C”).

If you intend to rely on cash savings to meet this requirement, the total savings will be divided by the number of weeks corresponding to the limited leave you would be granted upon a successful application. The financial test follows the formula:

A – B ≥ C

At Link And Day Lawyers, we can guide you through this calculation, ensuring that your financial circumstances meet the Home Office’s criteria. Our team can also advise on the specific financial documentation and evidence required to strengthen your visa application.

Parent of a Child Visa – Accommodation Requirement

When applying for entry clearance or leave to remain under the Parent of a Child Visa category, applicants must demonstrate that suitable and secure accommodation will be available for the entire household. This includes family members not listed in the visa application but who reside in the same property. Crucially, the accommodation must be adequate, free from overcrowding, meet all UK public health and safety regulations, and must not require reliance on public funds.

Applicants are required to submit evidence proving their legal right to occupy or own the property, as well as confirmation that the property is exclusively available for their family’s use. The accommodation must fully comply with housing standards, ensuring there is no breach of statutory overcrowding rules.

Parent of a Child Visa – English Language Requirement

As part of the Parent Visa application, unless exempt, you must satisfy the English language requirement to the standard set by the UK Home Office.

For those applying for entry clearance or switching into the Parent of a Child Visa route, it is essential to demonstrate English proficiency at a minimum of CEFR Level A1. This requirement can be fulfilled in one of the following ways:

• Nationality from a majority English-speaking country.

• Successfully passing an approved English language test at or above the required CEFR level, through an officially recognised provider listed on the UK Secure English Language Tests (SELT) and Test Centres.

• Holding an academic qualification equivalent to a UK Bachelor’s, Master’s, or PhD degree. For qualifications obtained outside the UK, the degree must be verified by Ecctis (formerly UK NARIC) as meeting or exceeding UK academic standards, with confirmation that it was taught or researched in English at the required CEFR level.

Exemptions from the English Language Requirement

Applicants may be exempt from meeting the English language criteria if they can demonstrate one of the following:

• They are 65 years of age or older at the time of application.

• They have a physical or mental disability that makes meeting the requirement impossible.

• There are exceptional and compelling circumstances that prevent compliance with the English language requirement prior to entering the UK.

Failure to meet or prove exemption from the English language requirement will lead to refusal of the Parent Visa application.

Parent Visa Supporting Documents Checklist

A significant number of Parent Visa applications face refusal due to the applicant’s failure to provide sufficient and accurate supporting documentation.

UK immigration laws impose stringent documentary requirements for Parent Visa applications. Each application is unique, and the supporting documents necessary for a successful outcome will differ depending on the individual’s specific circumstances.

While general document checklists are available online, relying solely on such pre-prepared lists can be risky. Obtaining professional guidance from experienced immigration specialists ensures that the documents submitted are both accurate and tailored to the applicant’s situation.

Failure to submit the correct documents, provide them in the required format, or include all essential details can result in the refusal of a Parent Visa application. In such cases, appealing the decision may take several months, with no guarantee of success. Alternatively, submitting a new application often leads to additional expenses and further delays.

Parent of a Child Visa Application Fees

The Home Office charges a standard application fee of £1,938 for a UK Parent Visa when the application is submitted from outside the United Kingdom. For applicants who are already in the UK and wish to switch to the Parent Visa category or extend their current stay, the fee is presently £1,321.

Applicants should note that additional costs may arise if they opt for expedited processing through the Priority or Super Priority services, which are designed to accelerate the decision-making process.

Duration of a UK Parent of a Child Visa

A successful application for a UK Parent of a Child Visa typically grants an initial visa validity of 33 months. For those applying for leave to remain within the UK under this visa category, the approval usually results in a 30-month visa.

Prior to the expiration of the initial grant of leave, it is crucial to submit an extension application to UK Visas and Immigration (UKVI). Upon a successful extension request, an additional 30 months of leave to remain will be granted.

After five consecutive years in the UK under the Parent of a Child visa route, applicants become eligible to apply for Indefinite Leave to Remain (ILR). It is important to note that time spent in the UK under any other immigration category cannot be counted towards this 5-year requirement.

Switching to the Parent of a Child Visa from Within the UK

Applicants may apply for leave to remain as a parent from within the UK, provided they are not currently in the country as a visitor or under a visa valid for six months or less (with certain rare exceptions).

If you are in the UK as a visitor and wish to settle as a parent of a child residing in the UK, you must exit the country and apply for entry clearance as a parent from outside the UK.

However, if you have temporary permission to remain pending family court proceedings, you may be exceptionally allowed to apply for the Parent of a Child Visa from within the UK.

Employment Rights for Parent Visa Holders in the UK

Individuals residing in the United Kingdom under a Parent Visa are granted unrestricted permission to engage in employment. This visa category allows holders to work in any sector or profession without limitations, offering complete flexibility to pursue both full-time and part-time job opportunities throughout the UK.

Indefinite Leave to Remain (ILR) as a Parent

For individuals entering the UK on a Parent Visa, an initial grant of leave is typically issued for 2 years and 6 months (plus an additional 3 months if applying for entry clearance). Before this initial period expires, it is essential to submit an extension application to continue your lawful stay in the UK. Upon approval of this extension, you will receive a further grant of leave for another 2 years and 6 months.

After completing 5 years (60 months) of continuous residence in the UK on the Parent Visa route, you may become eligible to apply for Indefinite Leave to Remain (ILR), granting you permanent residency rights.

To successfully obtain ILR as a parent, you must meet the following key criteria in addition to the standard Parent Visa requirements:

• English Language Proficiency: You must demonstrate that you meet the higher CEFR Level B1 English language standard required for settlement applications.

• Life in the UK Test: You must pass the Life in the UK test, unless you are exempt from this requirement.

If you apply for ILR as a parent but do not satisfy the settlement requirements, UK Visas and Immigration (UKVI) will assess whether you qualify for a further extension of stay under the Parent Visa route.

What Happens If My Child Turns 18?

If your child reaches the age of 18 after you have submitted a Parent of a Child Visa application but before the final decision is issued, your application will remain unaffected. The age milestone does not alter the validity of the application as long as all other requirements are met.

Should your child turn 18 by the time you need to apply for a visa extension or further permission to stay as a parent, this will not cause any complications, provided that:

• Your child was under 18 at the time you were first granted leave on the Parent of a Child route, and

• Your child has not formed an independent family unit or started leading an independent life.

This provision ensures that your initial eligibility remains valid, even if your child reaches adulthood during the process.

Can I Be Eligible for a Parent of a Child Visa if My Child Resides with My Partner?

No, you will not qualify for a Parent of a Child Visa if your child primarily lives with your partner. This rule applies even if your partner is a British citizen or has settled status in the UK as a parent or guardian.

In such circumstances, you may need to explore alternative immigration routes, such as applying for entry clearance or leave to remain through the partner route or under the private life category, depending on your personal situation and relationship status.

Where Can I Submit an Application for a UK Parent Visa?

If you intend to apply for a UK Parent Visa from outside the United Kingdom, you must lodge your application from the country in which you are lawfully residing (excluding temporary stays as a visitor). It is not necessary to hold citizenship of that country to make your application.

For applicants already present in the UK with valid permission to remain for a period exceeding six months, it is possible to apply for leave to remain as a parent without leaving the country.

However, if your existing leave is for six months or less such as when entering as a visitor you will generally be required to depart the UK and apply for entry clearance as a parent from abroad. The temporary concession that permitted visitors to switch to a Parent Visa from within the UK during the Covid-19 pandemic is no longer applicable.

What Is the Process for Applying for a UK Parent Visa?

Applications for a UK Parent Visa must be submitted through an online application portal. There are separate application forms depending on whether you are applying from within the UK or from overseas.

Before commencing your application, it is highly advisable to confirm the correct application route and requirements based on your specific circumstances by consulting an immigration specialist.

While preparing your application form, you should also gather and organise all necessary supporting evidence. Certain documents must be dated prior to the submission of your online form to comply with Home Office requirements.

The current system generally allows applicants to upload scanned copies of supporting documents for assessment by the Home Office. However, the exact procedure may vary depending on the country from which you are applying, as Home Office processes are subject to periodic changes. Therefore, it is crucial to verify the latest requirements at the time of application.

What Happens If My UK Parent of a Child Visa Application Is Refused?

If your UK Parent of a Child Visa application is refused, you are generally entitled to lodge an appeal. This is because such an application is inherently treated as a human rights claim under UK immigration law.

Appeals are heard at the First-tier Tribunal (Immigration and Asylum Chamber) in the United Kingdom.

• If you are in the UK, you will have the opportunity to attend the hearing in person, present your case, and give evidence directly before the Judge.

• If you are outside the UK, you can submit a written statement and supporting evidence for the Tribunal’s consideration. In certain cases, remote video evidence may be permitted if deemed suitable for your circumstances.

Immigration appeals can be lengthy, often taking several months, and outcomes are never guaranteed. It is strongly advised to seek professional guidance and representation from experienced immigration solicitors before challenging a refusal of a Parent Visa application.

What if I Do Not Meet the Criteria for a UK Parent Visa?

If you cannot meet the specific requirements for a UK Parent Visa, you may still be able to secure permission to enter or remain in the UK on human rights grounds, particularly if:

• Your child in the UK is a British or Irish citizen;
  
  
• Your child has lived in the UK for 7 consecutive years, and it would be unreasonable for them to leave the country;
  
  
• Refusing your entry or forcing you to leave the UK would result in a breach of your human rights.

How Link And Day Lawyers Can Support You

At Link And Day Lawyers, we specialise exclusively in providing expert immigration services. Our experienced team frequently supports foreign national parents in relocating to and establishing a permanent life in the UK with their children. Over the years, we have successfully guided numerous parents through the complex process of preparing and submitting UK Parent Visa applications with outstanding results.

Whether you need specialist guidance on the detailed eligibility criteria under the UK Immigration Rules for a Parent Visa, a comprehensive evaluation of your chances of approval, or end-to-end assistance with compiling and submitting your application, our team of immigration experts is here to help.

We take pride in offering a client-focused, proactive approach, ensuring that every case is handled with meticulous attention to detail. At Link And Day Lawyers, our commitment lies in delivering clear, practical, and trustworthy immigration advice, combined with a supportive and professional service, to help parents secure a successful outcome for their UK Parent Visa applications.