Our Specialist Immigration Team has been successful in assisting our client (the “Applicant”) in an appeal after she received a refusal for entry clearance to the UK. The Applicant is a minor residing overseas who applied for entry clearance in order to join her father in the UK. The application was initially refused on the basis that the Home Office did not accept the Applicant’s father having sole parental responsibility over her. Our team were able to prove her father held ultimate responsibility for providing her with financial as well as emotional support despite the fact that she had always lived with her grandparents.
This decision came after we provided strong legal representations and diligent work to ensure all necessary documentation was completed accurately and efficiently, leaving no room for errors or delays. Our commitment to providing personalised and comprehensive immigration services, coupled with our in-depth knowledge of UK immigration law, allowed us to deliver successful results for our clients.
Can I apply for my dependant child to join me in the UK?
In order to be successful in this application, it must be shown that the parent is lawfully in the UK and either has a qualifying UK visa (not as a visitor) or is settled in the UK. It must further be proven that the parent:
- Is the sole surviving parent;
- Has sole parental responsibility for the child’s upbringing;
- Has serious or compelling family, or other conditions which would make it undesirable to refuse the application.
What is sole parental responsibility and how is it established?
Sole parental responsibility means only one parent is responsible for the child’s upbringing. That parent would need to establish that they are solely responsible for:
- The child’s wellbeing;
- Protecting the child;
- Making decisions related to the child’s education, health, medical treatment, etc;
- Financially supporting the child;
- The child’s property;
- The child’s legal representation.
Contact LEXVISA for advice on how to establish sole parental responsibility.
What invalidates sole parental responsibility?
The Home Office does take certain factors into consideration which may determine that a parent does not have sole parental responsibility. This may be, for example, where both parents are involved in the child’s upbringing.
LEXVISA can help you establish if these factors relate to your circumstances. It is also particularly important that sufficient evidence to prove sole parental responsibility is submitted as we have seen many applications get refused on this basis. Therefore, please contact LEXVISA immigration specialists in order for all requirements to be correctly met.
Are there are any requirements in order to qualify for a Child Dependant visa?
To apply for a Child Dependent Visa in the UK, the following requirements must be met:
- Eligibility: The child must be under 18 years of age and unmarried.
- Relationship: The child must be the biological child, adopted child, or stepchild of a British citizen or a person who holds indefinite leave to remain or settled status in the UK.
- Financial Requirements: The parent or guardian of the child must meet the financial requirements to support the child in the UK without recourse to public funds. They will need to show that they have a minimum annual income of £18,600 if sponsoring one child, plus an additional £3,800 for each additional child.
- Accommodation: The parent or guardian must provide evidence of suitable accommodation for the child.
- English language: The child must have a basic understanding of the English language, which may be assessed during the application process.
- Immigration history: The parent or guardian must not have any criminal convictions, be subject to a deportation order, or have breached UK immigration laws.
- Application process: The application for a Child Dependent Visa must be made from outside the UK, and the child must obtain a valid Entry Clearance before traveling to the UK.
The above requirements are subject to change, and it is always recommended to check the official UK government website for the most up-to-date information before making any applications. Alternatively, you may contact LEXVISA for further advice on these requirements and whether you are eligible.
Why Instruct Our Immigration Team?
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 a spouse visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Our offices 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 immigration 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 to discuss your visa application.
Contact our London immigration solicitors on 02030110276 or complete our contact form.