Overseas parents with British citizen children present and settled in the UK can apply to join them under the Parent of a British Child Visa. The parent of a British citizen/settled child must meet the relationship, financial, accommodation and English requirements to obtain the Parent of a British Child Visa. The main requirement parents must be able to demonstrate is that they have sole responsibility for the children in question. In addition to this, they must also prove that they are able to adequately maintain themselves and their family members in the Uk.
Who can apply for a Parent of a British Child Visa?
This particular visa is extremely popular and is often used to reunite families together. However, the Parent of a British Child Visa should only be explored where the relationship of the parents of the children in question has broken down and is no longer subsisting especially where parental responsibility is shared. The Parent of a British Child Visa is valid for 2.5 years and an extension application can be made to extend the visa for a further 2.5 years. If the child turns 18 since the first leave granted to the parent, an extension can still be granted, provided the child has not led an independent life or formed a family unit of their own. The parent must intend to make the UK their principal place home with the child.
Relationship Requirement for Parent of a British Child Visa
The Parent of a British Child Visa requires that, at the time of application, the relevant child must be under the age of 18. The child must also be present and settled in the UK and must be able to show that the child intends to make the UK his/her principal place of home. In order for an Applicant to prove that he/she has parental responsibility for the child in question, the Applicant must produce evidence showing either:
- Sole responsibility (sole parental responsibility means that one parent has abdicated or abandoned parental responsibility and the remaining parent is exercising sole control in setting and providing the day-to-day direction for the child’s welfare);
- Direct access to the child (this could be through a court order); or
- The parent plays an active role in child’s upbringing.
The parent route under Appendix FM is not for couples with a child who is in a continuing genuine and subsisting relationship together. The Home Office has made it clear that this visa is not an alternative avenue to enter as a parent.
Other requirements for Parent of a British Child Visa
In addition to the relationship requirement, Applicants must also satisfy the financial, accommodation and English language requirement. To meet the financial and accommodation requirement the following points must be met:
- The Applicant must be able to demonstrate that there are adequate funds available for maintenance; and
- The Applicant must be able to demonstrate that he/she will not be a burden to the public purse; and
- There must be no overcrowding in the property in question and all the public health regulations must be complied with.
Using Legal Representation to prepare a Parent of a British Child 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 submit a Parent of a British Child Visa.
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 Extension 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 Parent of a British Child Visa application meets the Immigration Rules.
Successful Parent of a British Child 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 immigration status and the merit of your Parent of a British Child Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Extension 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. LEXVISA is just 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 Parent of a British Child 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 Parent of a British Child Visa Application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.