Parent of a Child Visa application
As a parent living outside of the UK, you have an immigration option available to reunite with your child in the UK. The Parent Of A Child Visa route outlined by Appendix FM of the Immigration Rules outlines all that is necessary for potential applicants to be granted entry into Great Britain on account of having family ties within its borders.
Requirements
Parents of children living in the UK may be eligible to qualify for a Parent of Child Visa. All applicants must demonstrate that they are linked to an individual under 18 years old who is residing permanently within the UK.
The child must be:
Under the age of 18; and
Living in the UK; and
A British or Irish citizen; or settled in the UK (i.e. has indefinite leave to remain, settled status or proof of permanent residence); or is from the EU, Switzerland, Norway, Iceland or Liechtenstein and has pre-settled status under Appendix EU.
If you're looking to make the UK your new home with your child, it is essential that they are physically present in Britain upon submitting a Parent of a Child Visa application. However, if their 18th birthday falls after submission date and they haven't formed an autonomous life yet, for example, without a partner or dependents, then this does not mean rejection. As long as there can be evidence of economic or emotional dependence on either one parent/carer (unless studying full-time) then eligibility for the visa will remain intact.
Parent of a Child Visa Relationship Requirement
Qualifying for a Parent of a Child Visa is contingent upon either having sole parental responsibility or sharing it with the other parent or carer, who must not be your partner. To have shared parental responsibility you and this person must both possess UK citizenship; indefinite leave to remain, settled status, permanent residence in the UK; pre-settled status under Appendix EU - in any combination that suits best.
Who qualifies as a parent?
The Immigration Rules recognise natural, step, and adoptive parents as well individuals who have genuinely taken on the role of parent for a child unable to be cared for by their original guardians. To prove this parental relationship when applying or sponsoring immigration applications involving your children you will need evidence such as birth certificates in order demonstrate legal proof of parenthood.
In order to meet the relationship requirement for your immigration application, you'll need to demonstrate either complete custody of your child or evidence that both parents share in parental responsibility. Additionally, it must be demonstrated that direct access has been granted with a UK-based parent/carer and verified by an official court document from within the United Kingdom.
The meaning of ‘sole responsibility’ was helpfully set out by the Immigration Tribunal in TD (Paragraph 297(i)(e): sole responsibility) Yemen [2006] UKAIT 00049, where it states that:
“The test is, not whether anyone else has day-to-day responsibility, but whether the parent has continuing control and direction of the child’s upbringing including making all the important decisions in the child’s life – if not, responsibility is shared and so not “sole”.”
When determining who is responsible for the child's care, decision-makers must consider practicalities such as current arrangements and geographical distance. A single parent may still have sole responsibility if they are in control of decisions made concerning their upbringing. However, this does not discount custody being shared amongst various persons (e.g., friends, family members) or authority over daily welfare split between those parties with a vested interest in the little one’s well-being.
You can take comfort in the security of having shared parental responsibility and access to your child, but you must prove that one parent/carer has British or Irish citizenship status with indefinite leave or permanent residence. In addition, both parents/carers cannot be partners for eligibility purposes.
‘Direct access’ (previously known as ‘access rights’), set out in JA (meaning of “access rights”) India [2015] UKUT 225 (IAC), requires contact in person. Parents and carers living abroad may find it challenging to provide evidence of ‘direct access’, but they can still demonstrate their commitment to contact through 'indirect access' methods such as phone calls or Zoom sessions. As an alternative form of proof for arrangements made between parents/carers beforehand, be that formal or informal booking confirmations, plane tickets, photographs from past holidays spent together with the child could act as tangible forms of evidence.
If you and your partner share responsibility for the child, are in a genuine relationship, and both parents to the same child then Parent of a Child Visa route is not applicable. Instead, we advise applying through one of our other routes tailored specifically to couples - Spouse/Civil Partner, Unmarried Partner or Fiancé/Proposed Civil Partner. In this case it’s important that an application be made on one of these suitable ways rather than attempting to qualify as “Parent of a Child” instead.
To ensure you actively contribute to the wellbeing of your child, we require evidence that confirms and supports this effort. This may include written references from a school or healthcare provider attesting to how you care for the child. We can also accept letters from relevant courts with permission, parental agreements signed by legal representatives and other caregivers, social services documents confirming eligibility for Child Tax Credit etc., as well as any further paperwork provided by HMRC. While more informal pieces such as cards, emails/messages and photographs are accepted, they will not hold much weight in comparison to formal documentation stated above.
Financial Requirements for the visa
To ensure a successful Parent of a Child Visa application, it is essential to demonstrate financial and accommodation stability. You must provide details regarding your intended residence as well as any other occupants in order to guarantee proper health regulations are met.
English language requirement
If you would like to to apply as a Parent of a Child, you are required to meet the minimum English language requirements (unless you are exempt) at CEFR Level A1. You can meet this requirement by being a national of a majority English-speaking country, taking an approved English language test, or you can rely on your educational qualifications.
Those who don't meet the English language or financial requirements may still be eligible to stay in the UK if their child has lived here continuously for seven years and they can convincingly demonstrate that it would not be reasonable for their kid to depart.
Length of stay on a Parent Visa
Once you have successfully secured your visa, you will be able to stay for two years and nine months living in the country, after which extending your stay is an option. Once you reach five consecutive years, you may apply for indefinite leave in the UK.
In order to qualify for indefinite leave to remain as a parent you will need to demonstrate, in addition to the above requirements, that:
You meet the higher CEFR Level B1 English Language requirement that applies to settlement applications
You have passed the Life in the UK test (unless exempt).
With an application for indefinite leave to remain, UK Visas and Immigration will evaluate if parents meet the additional requirements needed to extend their stay in the country.