The Parent of a Child route is a family route under Appendix FM of the Immigration Rules. It is available to a parent seeking entry clearance or permission to stay in the UK in order to care for a child living in the UK and to play an active role in that child’s upbringing.
The route is not available merely because the applicant is the child’s biological parent. The applicant must show that they have a genuine and continuing parental role in the child’s life. In particular, they must demonstrate that they are taking, and intend to continue to take, an active role in the child’s upbringing.
This route is commonly used by parents who are separated or divorced and wish to maintain family life with a child in the UK. However, where the applicant is eligible to apply as the partner of the child’s other parent, they must normally apply under the partner route instead.
The applicant must be aged 18 or over and must be the child’s parent. Depending on the circumstances, this may include a biological parent, adoptive parent or another person who has a legally recognised parental role.
An applicant under the parent route must normally establish one of the following: that they have sole parental responsibility for the child; that the child normally lives with them; or that they have direct, in-person access to the child. Where the applicant relies on direct access, this must be agreed with the parent or carer with whom the child lives or be ordered by a court in the UK.
Where an applicant relies on shared parental responsibility or direct contact, the child’s other parent must not be the applicant’s current partner. The Home Office will assess the factual circumstances of the family, including who makes important decisions about the child’s care, education, health and welfare.
What Immigration Status Must the Child Have?
The child must normally be under the age of 18 on the date of application and live in the UK. The child must also meet one of the relevant immigration-status requirements.
The child may qualify if they are a British citizen, an Irish citizen, settled in the UK, or have pre-settled status under the EU Settlement Scheme. A child may also be eligible where they have lived continuously in the UK for at least seven years, and it would not be reasonable to expect them to leave the UK. The seven-year provision is generally relevant to applications made from within the UK.
Where the child turned 18 after the applicant was first granted permission under the parent route, the child may still be relevant to an extension application if they have not formed an independent family unit and are not leading an independent life.
Should the Application Be Made from Within or Outside the UK?
Applicants applying from outside the UK must apply online for entry clearance before travelling to the UK. They will normally be required to provide supporting information in the relevant parent-route application form.
Applicants already in the UK may be able to apply for permission to stay or switch into the parent route, depending on their current immigration status. However, visitors and people with short-term permission to stay are generally unable to switch on this route from within the UK.
Where an in-country application is not permitted, the applicant may need to leave the UK and apply for entry clearance from overseas. Exceptional circumstances relating to the child’s welfare, family life or human rights may require separate legal consideration.
What Happens If the Child Turns 18?
A parent’s immigration permission does not end automatically merely because the child turns 18 after the parent has been granted leave. An extension may still be possible if the child was under 18 when the parent was first granted permission, and the child has not formed an independent family unit or begun to lead an independent life.
However, the position may become more difficult if the child has married, moved into independent accommodation, become financially independent or otherwise formed their own household. Parents should therefore retain evidence demonstrating the continuing nature of the family relationship and their ongoing role in the child’s life.
What Are the Eligibility Requirements?
An applicant must establish that the child is a qualifying child living in the UK. They must also show that they have sole parental responsibility, that the child normally lives with them, or that they have direct in-person access to the child.
Where the child does not normally live with the applicant, it is particularly important to provide evidence of the applicant’s active involvement in the child’s upbringing. The applicant must show that they are currently taking an active role and intend to continue doing so.
The applicant must also meet the suitability requirements under the Immigration Rules. Matters such as criminal convictions, previous breaches of immigration law, deception, unpaid NHS charges and a history of overstaying may affect the outcome of an application.
What Is Meant by Sole or Shared Parental Responsibility?
Sole parental responsibility means that the applicant has, in practice, exercised sole responsibility for the important decisions concerning the child’s upbringing. This may include decisions about education, medical treatment, residence, day-to-day care and welfare.
Sole parental responsibility is not established simply because the applicant lives with the child or contributes financially to the child’s maintenance. If the other parent remains actively involved in significant decisions concerning the child, it may be difficult to establish that the applicant has sole parental responsibility.
Shared parental responsibility refers to a situation in which both parents are involved in the child’s upbringing and major decisions. Where the child lives with the applicant, this may be evidenced through day-to-day care arrangements. Where the child lives with the other parent, the applicant should provide evidence of direct access and active involvement in the child’s life.
How Can I Evidence an Active Role in My Child’s Upbringing?
The Home Office will consider whether the applicant has a genuine and practical role in the child’s upbringing. Private material, such as family photographs, messages and video-call records, may be useful as supporting evidence. However, this evidence is unlikely to be sufficient on its own.
Applicants should provide independent evidence wherever possible. This may include letters from the child’s school confirming attendance at parents’ evenings or involvement in educational decisions; letters from a GP, dentist or hospital confirming attendance at appointments; and evidence of involvement in decisions concerning the child’s health, education or welfare.
Court orders, contact arrangements, social services records and contact-centre records may also be relevant. Evidence of child-maintenance payments, school costs, childcare expenses or medical expenses can assist in demonstrating ongoing responsibility and involvement.
Statements from the other parent, a teacher, a medical professional or another person with direct knowledge of the family circumstances can also be helpful. Such statements should provide specific factual examples of the applicant’s role, rather than broad or general comments. Where family-court documents are submitted in support of an immigration application, the applicant should consider whether permission from the court is required before disclosure.
What Is the Financial Requirement?
The financial requirement for the Parent of a Child route is different from the minimum-income requirement which applies to most partner-route applications. The applicant must show that they can adequately maintain and accommodate themselves and any dependants in the UK without recourse to public funds.
In practice, the Home Office considers the applicant’s available income and their housing costs. The assessment considers whether the applicant’s net income, after income tax, National Insurance contributions and housing costs, is sufficient to meet the applicable level of adequate maintenance.
Where the application relies on employment income, the evidence should normally include payslips, bank statements showing salary payments and an employer’s letter. Applicants should also provide evidence of rent, mortgage payments, Council Tax and other regular outgoings. Self-employed applicants, freelance workers or company directors should take particular care to provide clear evidence of income, expenditure and the sustainability of their finances.
What Is the Accommodation Requirement?
The applicant must show that there will be adequate accommodation in the UK for the family, including any household members who are not included in the application but live in the same property. The accommodation must be owned or occupied exclusively by the family and must be available without recourse to public funds.
Accommodation will not be regarded as adequate if it is overcrowded or contravenes public-health regulations. The applicant may provide evidence such as a tenancy agreement, a landlord’s letter, mortgage documents, title documents, Council Tax records and information about the number of bedrooms and household occupants.
Where the applicant lives with relatives or friends, the accommodation evidence should clearly explain the household arrangements and demonstrate that the property can accommodate the applicant and the child without overcrowding.
Is There an English-Language Requirement?
For an initial application under the parent route, an applicant will normally need to demonstrate English-language ability in speaking and listening at CEFR level A1. This may be met through an approved Secure English Language Test or, where applicable, an eligible academic qualification taught in English.
Certain applicants may be exempt from the English-language requirement, including nationals of certain majority English-speaking countries, applicants aged 65 or over, and applicants who are unable to meet the requirement because of a physical or mental condition.
An applicant applying to extend their permission will normally need to meet an English-language requirement at A2 level. Applicants seeking settlement will generally need to demonstrate English at B1 level and pass the Life in the UK Test.
How Long Is Permission Granted For?
An applicant granted entry clearance from outside the UK under the parent route will normally receive permission for two years and nine months. An applicant granted permission to stay from within the UK will normally receive permission for two years and six months.
Applicants who meet the relevant requirements may be placed on the five-year route to settlement. Where an application succeeds based on exceptional circumstances, the child’s best interests or family-life considerations, the applicant may instead be granted permission on the ten-year route to settlement.
Can I Work in the UK Under the Parent Route?
A person granted permission under the Parent of a Child route may generally work, be self-employed and study in the UK. This enables a parent to support themselves while continuing to participate in their child’s upbringing.
However, permission will normally be subject to a ‘No Recourse to Public Funds’ condition. In straightforward terms, this means that the visa holder cannot normally claim most welfare benefits, housing assistance or certain forms of support from local authorities.
Where an applicant or their child is at risk of destitution, where there are compelling child-welfare considerations, or where there are exceptional financial circumstances, it may be possible to apply for the condition to be varied or lifted. This is not automatic and requires clear evidence of financial need and the effect on the child.
Can I Apply if I Do Not Meet All the Usual Requirements?
An applicant who cannot meet the English-language or financial requirement may still be able to extend permission in certain circumstances. This may apply where the child in the UK is a British or Irish citizen, or has lived in the UK continuously for at least seven years, and it would be unreasonable to expect the child to leave the UK.
Applications relying on exceptional circumstances should be supported by detailed evidence about the child’s education, health, care needs, relationships in the UK, contact with the other parent, life established in the UK and the likely effect of relocation abroad. If permission is granted in these circumstances, it may be granted on the ten-year rather than the five-year route to settlement.
What Can I Do if the Application Is Refused?
If a Parent of a Child application is refused, the refusal decision should be reviewed carefully. The letter of decision will set out the reasons for refusal and explain whether there is a right of appeal or another available remedy.
Where the application involves a human-rights claim based on family life, there may be a right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber). Whether an appeal right arises depends on the nature of the decision and whether the claim has been certified.
Where there is no right of appeal, it may be possible to apply for an Administrative Review. Administrative Review is intended to address case working errors, including factual errors or an incorrect application of the Immigration Rules. It is not ordinarily a process for introducing a new human-rights claim or substantially new evidence.
Following a refusal, applicants should not simply resubmit the same evidence. The refusal reasons should be analysed carefully, and any deficiencies in the evidence of maintenance, accommodation, contact arrangements, active involvement in the child’s upbringing or exceptional circumstances should be addressed.
What Is the Key to a Successful Application?
A successful Parent of a Child application requires more than evidence of parentage. The application should demonstrate the child’s qualifying immigration status, the applicant’s parental role or direct-access arrangements, active involvement in the child’s upbringing, and compliance with the relevant financial, accommodation, English-language and suitability requirements.
Careful preparation is especially important where the parents are separated, the child lives with the other parent, the child is nearing adulthood, or there are difficulties in meeting the ordinary financial requirements. Clear legal advice and well-organised supporting evidence can reduce the risk of refusal and help identify the most appropriate route to protect family life in the UK.
If you require professional advice on a Parent of a Child application, an objective assessment of your prospects of success, or practical support with preparing the application and supporting evidence, our immigration team can assist. Our team is committed to offering clear, practical and reliable UK immigration advice to parents applying under this route. If you require assistance, please contact us on 020 3865 6219 or leave us a message.