Last week we received the wonderful news that our client (“the Applicant”) has been granted entry clearance to the UK as the Child of a Parent Present and Settled in the UK. This case was complex due to the Applicant’s adverse immigration history, but our immigration experts overcame the issues from his previous application and after a long few months of waiting, the Applicant is now able to come to the UK and reunite with his mother.
The case for a Child of a Parent Present and Settled in the UK Visa
The Applicant is an Iranian national who had just turned 17 years of age at the submission of his application. The Applicant’s mother had become a British citizen over 10 years ago. The Applicant’s mother, who was the Sponsor of this application, was a victim of domestic violence who managed to escape her former husband and was granted humanitarian protection in the UK. Unfortunately, at the time she was unable to bring the Applicant with her. As the Applicant got older he too was abused by his father. This led the Applicant to flee and stay with his grandmother in another part of Iran; however, it was not safe for him to remain in Iran due to his father’s connections and fear that he would find him and kill him. Moreover, due to the Applicant’s grandmother’s age and deteriorating health, it was not feasible for the Applicant to continue living with her long-term. Therefore the Applicant and Sponsor applied for the Applicant to come to the UK for safety and to reunite with the Sponsor, as well as the Sponsor’s new British husband and their young British son and live together as a family.
Before instructing our specialist immigration team, the Applicant had previously made an application to the Home Office which was refused due to the lack of supporting documentary evidence required. After the initial consultation, we were instructed to prepare the application again, but this time with better and stronger evidence. These types of applications can be difficult to have granted, therefore it is highly important for them to be prepared correctly by Immigration experts, such as our team of fully qualified Immigration Solicitors.
What are the main requirements for a Child of a Parent Present and Settled in the UK Visa?
Unlike most family-based UK visa applications, the requirements for a Child or a Parent Present and Settled in the UK Visa are not considered under Appendix FM of the Immigration Rules. The main requirements that the Applicant must satisfy are:
Age – The Applicant must be under the age of 18 at the time of making the Child of a Parent Present and Settled in the UK application. The Applicant must not be living an independent life and have formed an independent family unit.
Relationship to present and settled parent – The Applicant must be the biological or adopted child of the Sponsor, who is present and settled in the UK. If the Applicant is coming to the UK to join one parent, that parent must be able to demonstrate that they have sole responsibility for the child. If sole responsibility cannot be demonstrated, then there must be “serious and compelling considerations which make the exclusion of the child undesirable”.
Adequate Maintenance – As with the Adult Dependant Relative and Ancestry visas, there is no minimum income requirement which needs to be met. Instead, Applicants must demonstrate they will be ‘adequately maintained’ in the UK without recourse to public funds. The main ways this usually demonstrated is through the parent’s employment income or cash savings.
Adequate Accommodation – Applicants must show that they can be adequately accommodated in the UK. This means that the accommodation where the Applicant will be staying in the UK is not and will not be overcrowded, as per the Housing Act 1985.
Applicants must ensure they meet all the eligibility and suitability requirements for the Child or a Parent Present and Settled in the UK application.
The importance of Section 55 of the Borders, Citizenship and Immigration Act 2009 in Child of a Parent Present and Settled in the UK cases
Any UK visa applications where there is a child involved, the Home Office has to consider the best interests of the child as per section 55 of the Borders, Citizenship and Immigration Act 2009. Whilst the Home Office will normally aim for the child should return to their parents and/or country of origin, it is important to take account of the welfare considerations, which may take precedence over the immigration implications of allowing a child to remain or enter the UK. The welfare considerations carry more weight in relation to younger children.
Using Legal Representation to apply for a Child of a Parent Present and Settled in the UK Visa
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make a Child of a Parent Present and Settled in the UK Visa application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Child of a Parent Present and Settled in the UK Visa application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Child of a Parent Present and Settled in the UK Visa application meets the Immigration Rules.
Successful Child of a Parent Present and Settled in the UK Visa Applications
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Adult Dependent Relative Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Child of a Parent Present and Settled in the UK Visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful Child of a Parent Present and Settled in the UK Visa applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.