The Parent of a Child Visa allows a parent to live in the UK to care for their child. It may be available where the child is living in the UK and is a British or Irish citizen, has indefinite leave to remain, settled status, proof of permanent residence, or has pre-settled status under the EU Settlement Scheme.
In some in-country applications, the route may also be available where the child has lived in the UK continuously for at least seven years and it would not be reasonable for the child to leave the UK.
This route falls under Appendix FM of the Immigration Rules. It can lead to indefinite leave to remain after five years on the parent route, although some applicants may be placed on a longer 10-year route depending on their circumstances.
At Lexvisa, our immigration solicitors advise parents on eligibility, applications, refusals and appeals involving children in the UK.
Who Can Apply for a Parent of a Child Visa?
You may be able to apply as a parent if you are aged 18 or over and your child is living in the UK.
Your child must usually be under 18 at the date of application, unless they were under 18 when you were first granted permission as a parent and they have not formed an independent family unit or started living an independent life.
Your child must usually be one of the following:
- a British or Irish citizen;
- settled in the UK, including having indefinite leave to remain or settled status;
- in the UK with pre-settled status under the EU Settlement Scheme, where the relevant requirements are met; or
- in the UK and have lived here continuously for at least seven years, where it would not be reasonable for them to leave the UK.
If you are eligible to apply as a partner, the Home Office will usually expect you to apply under the partner route rather than the parent route. You can read more about the family visa routes on the GOV.UK family visa page.
Parental Responsibility and Access to the Child
To qualify, you must have sole or shared parental responsibility for your child.
If the child normally lives with you, you will need to show that you have responsibility for their care. If the child normally lives with their other parent or carer, you must usually show that you have direct in-person access to the child, either by agreement or through a court order.
Where parental responsibility is shared, the child’s other parent must not be your partner. The other parent or carer must usually be British, Irish, settled in the UK, or hold qualifying pre-settled status.
You must also show that you are taking, and intend to continue taking, an active role in your child’s upbringing.
Financial and Accommodation Requirements
Parent of a Child Visa applicants must usually show that they can adequately maintain and accommodate themselves and any dependants in the UK without relying on public funds.
The Home Office will consider income, housing costs and whether the accommodation is suitable and not overcrowded. The relevant requirements are set out in Appendix FM and the specified evidence rules in Appendix FM-SE.
If you cannot meet the financial or English language requirements, there may still be options in some cases, especially where the child is British or Irish, or has lived in the UK for seven years, and it would be unreasonable for them to leave the UK.
English Language Requirement
Applicants must usually meet the English language requirement. For an initial parent application, this is normally at CEFR level A1 in speaking and listening, unless an exemption applies.
The requirement may be met through nationality from a majority English-speaking country, an approved English language test, or a qualifying academic degree. Some applicants may be exempt because of age, disability or exceptional circumstances.
Can You Switch to the Parent Route in the UK?
You may be able to switch to the parent route from inside the UK if you are already here with valid permission.
However, you usually cannot switch if you are in the UK as a visitor or if you have permission granted for six months or less, unless a specific exception applies, such as permission granted pending the outcome of family court or divorce proceedings.
If you are unsure whether you can switch in-country, it is important to obtain advice before submitting an application.
How Long Is the Parent of a Child Visa Granted For?
If you apply from outside the UK and your application is granted, permission is usually granted for up to 33 months.
If you apply to switch or extend from inside the UK, permission is usually granted for up to 30 months.
A parent on the five-year route may be eligible to apply for indefinite leave to remain after five continuous years on the parent route. Time spent in the UK on other visa routes usually cannot be counted towards the five-year parent route settlement period.
You can read more about settlement as a parent on the GOV.UK indefinite leave to remain as a parent page.
Common Reasons Parent Visa Applications Are Refused
Parent of a Child Visa applications can be refused where the Home Office is not satisfied that the legal requirements are met. Common issues include:
- uncertainty about parental responsibility;
- insufficient evidence of direct access to the child;
- failure to show an active role in the child’s upbringing;
- applying on the parent route when the partner route is more appropriate;
- financial or accommodation concerns;
- English language issues;
- suitability concerns; and
- using the wrong application strategy.
A refusal can have serious consequences for family life in the UK. Lexvisa can advise on whether a fresh application, administrative review, appeal or other legal remedy may be appropriate.
How Lexvisa Can Help
Our immigration solicitors assist with Parent of a Child Visa applications, extensions, settlement applications and refusals. We can assess whether you meet the requirements under Appendix FM and advise on the best route for your circumstances.
Lexvisa also advises on related family immigration matters, including Parent of a Child Visa applications, children joining a UK parent, child visa applications under Appendix FM and registering a child as a British citizen.
FAQs
Can I apply for a Parent of a Child Visa if my child is British?
Yes. If your child is British and living in the UK, you may be able to apply as a parent if you meet the Appendix FM requirements and are not required to apply under another route, such as the partner route.
Can I apply if my child has settled status or indefinite leave to remain?
Yes. A child with indefinite leave to remain, settled status or proof of permanent residence may qualify, provided the other requirements are met.
Can I apply if my child has pre-settled status?
Possibly. A child with pre-settled status under the EU Settlement Scheme may qualify where the relevant Appendix FM requirements are met.
Can I apply if my child has lived in the UK for seven years?
In some in-country applications, yes. If your child has lived in the UK continuously for at least seven years, you may be able to rely on this if it would not be reasonable for the child to leave the UK.
Do I need sole parental responsibility?
Not always. You may qualify with sole parental responsibility, shared parental responsibility, or direct in-person access to the child, depending on where the child lives and who has care of them.
Can I switch to this visa from inside the UK?
You may be able to switch from inside the UK if you have valid permission. However, visitors and people with permission of six months or less are usually restricted from switching unless a specific exception applies.
Does the Parent of a Child Visa lead to indefinite leave to remain?
Yes. Applicants on the five-year parent route may be able to apply for indefinite leave to remain after five continuous years on that route. Some applicants may be placed on a 10-year route depending on their circumstances.
What if my Parent of a Child Visa is refused?
Depending on the refusal decision, you may be able to appeal, submit a fresh application or consider another legal remedy. Lexvisa can review the refusal and advise on the best next step.
Contact Lexvisa
If you want to apply for a Parent of a Child Visa, extend your stay, or challenge a refusal, contact Lexvisa for specialist immigration advice. Lexvisa is the immigration law division of DJF Solicitors, combining focused immigration expertise with the support of a wider national law firm.
Call 02030110276 or complete our online enquiry form to speak with our immigration team.