The Child of a Partner or Parent Visa is designed for children seeking to enter or remain in the UK where one of their parents has been granted, or is simultaneously applying for, a Partner or Parent Visa under Appendix FM of the UK Immigration Rules. This visa ensures that children can join or remain with their parents in the UK, maintaining family unity and safeguarding the best interests of the child.
If the child’s parent does not hold a Partner or Parent Visa under Appendix FM but has another form of leave, the child must apply under the family life provisions of Part 8 of the Immigration Rules or as a dependent child of a points-based system migrant.
Can I bringing My Child to the UK as a Spouse or Parent?
To qualify for a Child of a Partner or Parent Visa, UK Visas & Immigration (UKVI) requires that:
- The child is under 18 at the time of application;
- The child is outside the UK (for entry applications);
- The child has not formed an independent family unit;
- The child is not leading an independent life;
- One of the child’s parents is in the UK with a Partner or Parent Visa or is being granted one at the same time;
- Either:
- The child’s parent’s partner is also a parent of the child; or
- The parent has sole responsibility for the child; or
- There are serious and compelling family considerations that make exclusion undesirable, and suitable arrangements for the child’s care have been made;
- The family meets the financial and accommodation requirements.
Navigating the complex UK Immigration Rules can be challenging. Our leading London law firm has extensive experience in preparing and submitting Child of a Partner or Parent Visa applications. We ensure that your application is thoroughly prepared, well-documented, and meets all necessary requirements, minimising the risk of refusals or delays.
What Must the Immigration Status of the Parent be ?
The parent must hold or be applying for a Partner or Parent Visa under Appendix FM. If this condition is not met, alternative visa routes should be explored.
Relationship Requirement
To meet this requirement, one of the following must apply:
- The partner of the child’s parent (who holds or is applying for a Partner or Parent Visa) is also the child’s biological or adoptive parent.
- The child’s parent has sole responsibility for their upbringing.
- There are serious and compelling reasons making the child’s exclusion from the UK undesirable, and suitable care arrangements have been made.
What is Sole Responsibility in Immigration Law?
Sole responsibility means that one parent has assumed exclusive parental responsibility. The Home Office requires clear and convincing evidence of this, including proof of:
- The child’s living arrangements;
- Who makes key decisions about the child’s upbringing;
- Financial and emotional support provided by the applying parent.
Our legal team can guide you in compiling the necessary documentation to prove sole responsibility, strengthening your child’s visa application.
Serious and Compelling Family Considerations
If the child does not meet the sole responsibility requirement, they may still qualify if there are serious and compelling family considerations that make their exclusion undesirable. Factors assessed include:
- The child’s welfare and best interests;
- Emotional and psychological impact of separation;
- Social and economic conditions in the home country;
- Risk of neglect or abuse.
As this assessment is highly fact-sensitive, obtaining legal advice is crucial to presenting a compelling case.
Do you Meet the Financial Requirement?
The financial requirement depends on whether the child is applying as the child of a parent or child of a partner.
As a Child of a Parent
The applying parent must prove they can maintain and accommodate themselves and the child without recourse to public funds. Adequate maintenance is calculated as:
Weeklyincome(A)−Weeklyaccommodationcosts(B)Weekly income (A) – Weekly accommodation costs (B) ≥ Minimum income threshold (C)
As a Child of a Partner
The financial requirement aligns with the minimum income threshold for a Partner Visa. As of 2024, the required gross annual income is £29,000.
Different rules apply if the sponsoring partner is in receipt of certain state benefits. Our expert immigration lawyers can help ensure compliance with Home Office financial requirements.
Accommodation Requirement
The applicant must prove that there is adequate accommodation for the child and their family without overcrowding or violating public health regulations.
What are the Processing Times & Fees?
- Outside the UK Applications: £1,846; processing time up to 24 weeks.
- In the UK (Switching or Extension): £1,048; processing time up to 8 weeks.
- Priority Services available for faster processing.
Given the high costs and long processing times, expert legal guidance ensures a strong application, preventing delays or refusals.
How Our Leading London Law Firm Can Assist You?
Our team of expert UK immigration solicitors provides comprehensive legal services for Child of a Partner or Parent Visa applications, including:
- Case assessment to determine the strongest legal basis for your child’s application.
- Document verification to ensure compliance with UKVI evidence requirements.
- Professional application preparation to maximise approval chances.
- Expert legal representation in case of refusals or appeals.
With a proven track record of successfully assisting families, we provide personalised and results-driven immigration support.
Applying for a Child of a Partner or Parent Visa can be complex and time-consuming, but with the right legal support, the process can be streamlined for success.
Contact our expert London immigration lawyers today on 0203 0110 276 or complete our online enquiry form to get started on your child’s visa application.