Important Travel Document Information – Please Read
The government intends to introduce the UK Parent Visa specifically for situations where a parent wishes to join their child as a British citizen or permanent resident. It is important to note, however, that this form of visa can only be applied for if the child is a dependent resident of the United Kingdom under 18.
Moreover, it is crucial to be aware that if you meet the eligibility criteria for a Partner Visa, such as a Spouse Visa or Civil Partner Visa. You must submit your application through that specific channel instead. Additionally, the immigration authorities will consider the time spent in the United Kingdom on a Parent Visa towards the requirement of continuous residence. Therefore, if you have plans to apply for Indefinite Leave to Remain in the future, it is advisable to consider this alternative route.
By providing this alternative route for parents to join their children, the UK government aims to accommodate diverse family dynamics and facilitate the overall well-being of parents and children within the country.
You can apply to live in the UK to care for your child. However, there are specific criteria that your child must meet:
Firstly, they must be under 18 at the time of your application. Additionally, they must have been under 18 when you were initially granted leave, and it is important to note that they should not have started living independently.
By fulfilling these criteria, you may be eligible to live in the UK and provide care for your child.
If your child has taken actions such as leaving home, getting married, or having children, they are considered to be living an independent life. Consequently, these actions may impact their eligibility for certain benefits or considerations.
In addition to meeting the age and independent life criteria, your child must also reside in the UK. Moreover, one of the following conditions must apply:
- Firstly, your child is a British or Irish citizen.
- Alternatively, if your child comes from the EU, Switzerland, Norway, Iceland, or Liechtenstein, they must have pre-settled status and must have begun living in the UK before 1 January 2021.
- Additionally, your child’s settlement in the UK indicates they possess indefinite leave to remain, settled status, or proof of permanent residence.
If you are applying in the UK, there is an additional requirement. Your child must continuously live in the UK for 7 years, and it would be considered unreasonable for them to leave the country.
Furthermore, if your child has settled or pre-settled status, you may have the option to apply through the free EU Settlement Scheme or for an EU Settlement Scheme family permit.
Parent Visa Eligibility and Criteria Explained
In order to qualify for a Parent visa, you must fulfill the following prerequisites. Firstly, your child must be:
- Under the age of 18 at the time of application, or over the age of 18 but have not formed an independent family unit or led an independent life, which includes actions such as leaving home, getting married, or having children. This criteria also applies if the parent was granted entry clearance or leave to remain under the age of 18 and is now extending the Parent Visa.
Furthermore, you must meet one of the following conditions:
- Be a British citizen, possess Indefinite Leave to Remain or Pre-settled Status, or have resided in the UK for at least seven years.
Understanding “Sole Parental Responsibility”
The term “sole parental responsibility” signifies that the other parent has abdicated their parental responsibilities, and you have sole control over daily and significant decisions about the child’s care. It is important to note that mere or substantial financial support may not be sufficient for the child’s upbringing.
While you can share some responsibilities with individuals other than your spouse, your partner cannot be the child’s other parent if you are to demonstrate sole parental responsibility. Please keep in mind that sole parental responsibility and legal custody are distinct concepts.
Demonstrating Exclusive Parental Duty
To demonstrate sole parental responsibility, you must provide evidence that you have made all significant choices regarding the child’s education, health, medical treatment, holidays, recreation, etc., without involving the other parent. Additionally, you must not be ineligible to submit a Partner Visa application under Appendix FM.
The Role of Appendix FM in Partner Visa Applications
The UK Immigration Rules include Appendix FM, which outlines the visa entry requirements for family members of British citizens, settled persons in the UK, and those with refugee status or humanitarian protection. For spouse/partner visas, the eligible categories of family members are spouses, civil partners, and unmarried partners of 2 years or more. Therefore, parents with a genuine and ongoing relationship cannot apply for the UK Parent Visa and should consider the Partner path with a Spouse or Unmarried Partner visa instead.
Understanding “Direct Access”
Direct access refers to personal contact with the child, demonstrating that you play and will continue to play an active and ongoing role in the child’s upbringing. To prove direct access, you must demonstrate that you have direct contact with the child, as agreed upon with the parent/caregiver with whom the child typically resides. However, it is important to note that the parent/caregiver must be a British Citizen or settled in the United Kingdom, and they cannot be your partner (including a person who has been in a relationship with you for less than two years before the application date).
In order to demonstrate direct access, you should provide evidence such as a residence or contact order issued by a court in the United Kingdom, a letter or affidavit from the child’s UK-resident parent or guardian, or evidence from a contact center demonstrating communication plans. Indirect communication, such as letters or telephone calls, does not sufficiently prove ‘direct access.’
It is crucial to understand these requirements and conditions when applying for the Parent Visa in the UK.
The relationship criteria for the Parent Visa are as follows:
Firstly, you must have sole parental responsibility for the child. This means that you have exclusive control and decision-making authority over the child’s care, without the involvement of the other parent.
Alternatively, you may be eligible for the Parent Visa if you and not the other parent reside with the child. In this case, it is required that you and the child live together without the presence of the other parent.
Moreover, there is an additional scenario where you can meet the relationship criteria for the Parent Visa. If the child resides with a parent or caretaker with whom you do not share a relationship, and they have granted you direct access to the child, you may be eligible for the visa.
These relationship criteria provide different scenarios in which you can qualify for the Parent Visa, ensuring that the child’s well-being and your connection to them are considered.
Immigration status requirements
Language requirements in English
Immigration status requirement
You may apply from abroad or in the United Kingdom. If you are applying in the United Kingdom, you cannot be a guest, have less than six months of leave (unless allowed for family court or divorce proceedings). Or be on immigration bail (unless you arrived in the UK more than six months before the application date). Additionally, you cannot violate immigration laws.
You must demonstrate that you can maintain yourself and any dependents in the United Kingdom without relying on public funds.
Accommodations should not overcrowd or violate public health rules. Adequate means ‘after subtracting income tax, National Insurance contributions, and housing costs. The family should have the same income as if they were receiving Income Support.
Language requirements in English
To demonstrate proficiency in the English language, you must meet at least one of the following requirements:
- You are a citizen of an English-speaking majority nation.
- You passed the necessary English language examination.
- You have a degree-level or higher academic qualification from the United Kingdom or an equivalent international qualification recognized by UK ENIC.
In certain situations, certain individuals may exclude themselves from the English proficiency requirement. This is the case, for instance, if you are 65 or older or have a condition that prevents you from meeting the standards.
When applying, you will need to provide:
- Your full name
- The date of your birth
- Your valid passport or another acceptable travel document
- Copies of your prior passport’s photo page and visas or entry stamps
- If you have one, a copy of your biometric residency permit
- Information about any previous immigration petitions you have submitted
- Details of any convicted felonies
- Your social security number, if you own one
- The date of birth and nationality of your parents if you are applying from outside the United Kingdom;
- Your tuberculosis test results, if you are from a nation that requires the test;
- A certified translation of all non-English or Welsh documents.
If you are applying for a visa outside the UK, you will need a blank page in your passport to insert it.
A valid email address is required to submit an online application. Moreover, you’ll need to:
- provide evidence of your finances
- demonstrate your proficiency in English
Depending on your circumstances, you may be required to submit additional documentation, such as a sponsorship form from a family member in the United Kingdom.
For detailed information on specific parts of the UK visa process, you can refer to the links below to find the answer to your query. If you are unable to find any particular information, please contact us via email.
|UK Visa News
|UK Visa Fees
|UK Visa Types
|How to submit a Visa Application
A Visa is required for any foreign national wishing to enter the United Kingdom. You can choose from the following:
|UK Family Visa
|UK Refugee Visa
|UK Transit Visa
|UK Standard Visitor Visa
|UK Study Visa
|UK Business Visa
|UK Work Permits
|UK Spousal Visa
|UK Settlement Visa
|UK Parent Visa
|UK Child Visa
You must also apply for the Standard Visitor Visa if you plan to study in the United Kingdom for a brief amount of time or if you need to transit through the nation.
Moreover, the Standard Visitor Visa is required in the following situations:
- When you plan to study in the United Kingdom for a short period, indicating that you will be engaging in educational activities during your stay.
- If you need to transit through the country, meaning that you will be passing through the United Kingdom on your way to another destination.
In both cases, obtaining the Standard Visitor Visa is necessary to ensure compliance with immigration regulations and requirements.
When providing information on your children (and, if applicable, your partner’s children), it is essential to include the following details. You will be questioned about all of your children and whether or not they are applying.
Specifically, you must provide information on:
- Full Name
- Birth Date
- Passport information
- With whom the child generally resides
- Any other individuals with parental responsibilities for your child, such as your stepchildren’s biological parents
- How you participate in their daily life
- Arrangements you have to see the child, such as court-granted visitation rights
- The extended family of the child
- Any countries in which your child has traveled or lived
Your life outside of Britain
When detailing your life outside of Britain, it is important to provide specifics regarding:
- Countries outside of the UK where you’ve lived or traveled
- Family and friends in the nations in which you were born or have citizenship
By including these details, you provide a comprehensive picture of your children and your life outside of Britain, which is crucial for the immigration process.
The UK Parent Visa aims to facilitate parents of British citizens or individuals with permanent residency in the UK to relocate and live in the country for a prolonged period. By granting this visa, parents can reside closer to their children and provide them with daily support.
Qualifying For A UK Parent Visa
In order to qualify for a UK Parent Visa, you must fulfill the following requirements:
- Firstly, you must be a parent of someone who is a British citizen or a resident of the UK. This establishes the familial connection necessary for the visa application.
- Additionally, it is important to note that you should have no dependents not listed in your application. This means that the visa is intended for parents without additional dependents apart from the child mentioned in the application.
- Moreover, you must be able to maintain yourself financially and have suitable housing without relying on public funds. This requirement ensures that you have the means to support yourself and contribute to your living expenses while in the UK.
- You must pass the Life in the UK exam, which assesses your knowledge of British culture, history, and society. This exam serves as a way to demonstrate your understanding of life in the UK.
To strengthen your application, you should also demonstrate your ability to speak and understand English. Proficiency in the English language is crucial for effective communication and integration into the UK society.
By meeting these requirements, you can qualify for a UK Parent Visa and fulfill the aim of residing closer to your children and providing them with daily support.
If you have a child with British citizenship, you may qualify to petition for the right to stay in the United Kingdom under certain immigration regulations. These regulations are commonly referred to as Appendix FM, with FM standing for “Family Members.”
Appendix FM serves as a set of guidelines and requirements specifically designed to address the immigration needs and rights of family members. It outlines the eligibility criteria and procedures for individuals seeking to join or remain with their family members who are British citizens or settled persons in the UK.
By adhering to the regulations outlined in Appendix FM, you can navigate the immigration process and potentially secure the right to stay in the United Kingdom alongside your British citizen child. These regulations play a vital role in ensuring the family unity and well-being of individuals and their British citizen family members.
You are making attempts to create present and future care arrangements for the child, such as residential arrangements.
Additionally, it is important to demonstrate that you are actively working towards establishing suitable care arrangements for the child, both in the present and for the future. This includes making efforts to create residential arrangements that provide a stable and nurturing environment for the child’s well-being.