Overview
If you wish to reside in the UK to take care of your child, there is an option available for you. However, it’s important to note that if you meet the eligibility requirements to apply as a partner, you must pursue that route instead of applying as a parent.
For your child to be eligible, they must either be under 18 years old at the time of your application or have been under 18 when you were initially granted permission to stay in the UK, without living an independent life. The concept of an independent life applies if, for instance, your child has left home, gotten married, or started their own family.
Furthermore, it is necessary for your child to be residing in the UK. In addition to this, one of the following conditions must be met:
- They are a British or Irish citizen.
- They have settled status in the UK, such as indefinite leave to remain, settled status, or proof of permanent residence.
- They are from the EU, Switzerland, Norway, Iceland, or Liechtenstein and possess pre-settled status, having commenced living in the UK before 1 January 2021.
- If you are applying within the UK, your child must have continuously lived in the UK for 7 years, and it would be unreasonable for them to leave.
If your child holds settled or pre-settled status, you might have the opportunity to apply through the free EU Settlement Scheme or for an EU Settlement Scheme family permit.
It’s worth noting that in the context of the ongoing coronavirus (COVID-19) situation, if you are unable to meet the immigration rules due to pandemic-related circumstances, there may still be possibilities to extend your stay or switch to a family visa. It is advisable to refer to the guidance provided for UK visa applicants and temporary UK residents for further information.
Parental responsibility
In order to be eligible for the application, you must have sole or shared parental responsibility for your child.
If you share parental responsibility with another individual, it is important that this person is not your partner. Additionally, the child’s other parent must fulfill one of the following criteria:
- They are a British or Irish citizen.
- They have settled status in the UK, such as indefinite leave to remain, settled status, or proof of permanent residence.
- They are from the EU, Switzerland, Norway, Iceland, or Liechtenstein and possess pre-settled status, having commenced living in the UK before 1 January 2021.
If the child resides with their other parent or a caregiver, you must have personal access to the child, as agreed upon with the other parent or caregiver or as stipulated by a court order.
What you’ll need to prove
In order to demonstrate your eligibility, it is essential to prove that you are actively involved in your child’s upbringing and intend to continue your involvement after submitting your application.
To provide evidence of your active role, you should include documentation obtained from authoritative sources such as the government, school, court, or a medical professional. This evidence should showcase that you are living with or caring for your child. Additionally, the documentation should be recent, not exceeding 4 years old.
Examples of acceptable evidence can include a letter from your child’s school confirming your involvement in activities such as taking them to school or attending parent evenings. You can also submit a letter addressed to your residential address from the local authority, confirming the enrollment of your child in a specific school. Moreover, a letter from your child’s doctor, dentist, or health visitor confirming your attendance at appointments can be used. If applicable, court order paperwork can also be utilized to demonstrate that your child resides with you or that you play an active role in their upbringing. However, it is important to obtain permission from the court to use such documents as evidence and include written proof of this permission in your application, such as a letter from the court.
In situations where you lack evidence that meets the aforementioned criteria, there are alternative forms of evidence that can be provided. However, it is important to note that relying solely on alternative evidence decreases the likelihood of a successful visa application. Examples of alternative evidence include a parental agreement prepared by a solicitor and signed by both you and the child’s other parent, a letter from HMRC confirming your claim for Child Tax Credit, or social services paperwork confirming your involvement with your child or your application for access.
Please be aware that items such as greetings cards, photographs, text messages, or social media messages are not considered strong evidence of your role in your child’s upbringing and are unlikely to enhance your application.
English language and financial requirements
In addition to the aforementioned requirements, it is crucial to provide proof that you possess a proficient knowledge of the English language. Furthermore, you must demonstrate that you have the financial means to support yourself independently, without relying on public funds. If your child or any other dependants reside with you, it is essential to establish your ability to financially support them as well, without resorting to public funds.
However, even if you do not meet the English language and financial prerequisites, there is still a possibility to extend your permission to stay under specific circumstances. For instance, if your child in the UK is a British or Irish citizen or has resided in the UK for a duration of 7 years, it may be deemed unreasonable for them to leave the country. In such cases, you may still be eligible to extend your stay despite not meeting the English language and financial requirements.
How long you can stay
If you are granted this visa, you will be able to reside in the UK for a duration of 2 years and 9 months. However, once this period elapses, it will be necessary to submit an application to extend your stay.
In the event that you decide to extend your family visa or switch to this visa category, you will be permitted to remain in the UK for an additional 2 years and 6 months.
The process of applying for an extension depends on whether you are currently present in the UK or not.
Regarding the possibility of settling permanently in the UK, it is important to note that you can apply for ‘indefinite leave to remain’ (also known as settlement) only after residing continuously in the UK for 5 years on a family visa as a parent. It is not possible to include any time spent in the UK under a different visa category when calculating this 5-year period.
However, it is worth mentioning that the rules regarding settlement may differ if you applied before 9 July 2012.