An overseas child who has a British parent can apply to join their parent in the United Kingdom. This is a popular visa route to reunite families but it is a difficult application to perfect. There are a number of obstacles that Applicants must overcome such as sole responsibility for the overseas child. This application is usually considered where there has been a change of circumstance for the overseas child, for instance when the overseas parent is no longer able to care for the child. In addition to this, the overseas children must also show that they are not living an independent life or that they have not formed their own independent family unit.
Who can apply for the Children of a British parent visa application?
A child living overseas who has a British parent can apply to join their parent in the UK. This particular application is not straightforward but with the correct evidence and representation, it is an application that can reunite families. One of the main crux’s of this application is that the overseas child must not be living an independent life and must require care. It would strengthen the application if the British parent can show a link with the child by showing regular communication and that the British parent is financially supporting the child. Another sticking point for this application is the issue of sole responsibility. The British parent must show that they are responsible for the key decision makers in the child’s life and support the child both emotionally and economically.
If the child of a British parent visa application is granted the child will be granted entry clearance to the UK and in most cases be granted a visa for a period of 5 years. Following this the child can apply for Indefinite Leave to Remain unless the child was only given a short-term temporary admission.
What are the requirements for the Children of a British parent visa application?
The child of a British parent visa application is made under the UK Immigration Rules. The good news is unlike other applications under the Immigration rules there is no strict financial or English language requirement for this application. Applicants must meet the following requirements:
- At least one of their parents must hold British citizenship or must be settled in the UK with Indefinite Leave to Remain;
- Must be under the age of 18 and must not be living an independent life and must have formed an independent family unit;
- Must be maintained and accommodated in the UK without recourse to public funds; and
- Must be of good character and not fall under the general grounds of refusal.
All of the above requirements must be met and evidence must be submitted with the application. In circumstances where an Applicant does not meet all of the above requirements, an application can still be submitted if there are compelling and compassionate reasons to why each requirement cannot be met. In particular, in some cases involving human rights violations, the Home Office is in a position to grant an application on a discretionary basis.
Using Legal Representation to submit the Children of a British parent visa application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with the Children of a British parent visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject Children of British parent visa applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Children of a British parent visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully submit the Children of a British parent visa application
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 prospects of submitting the Children of a British parent visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an 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 a successful Child of a British parent visa application. 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 to discuss your immigration matter or application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.