The Parent of a British Child visa is for a parent who has custody or direct access to their child following the breakdown of their relationship with the other parent. The Parent of a British Child Visa allows the parent to reside in the United Kingdom with their child.



The child and Parent Requirement

The applicant can only apply for a parent visa if one of the following applies:

The child of the applicant must be:

• under the age of 18 at the date of application
• living in the UK
• a British citizen or settled in the UK.

The applicant must have sole parental responsibility for the child, or be the parent or carer the child normally lives with and must be:

• a British citizen or settled in the UK
• not the applicant’s partner
• ineligible for leave to remain as a partner under Appendix FM.

The applicant must provide specified evidence they:

• either has the sole parental responsibility for or access rights to the child
• are taking, and intend to continue to take, an active role in the child’s upbringing.

The applicant has sole responsibility if they are the only person responsible for the child's upbringing and welfare. This usually means the child’s other parent is not involved in their life.

The applicant has access rights if they have a right to see the child. He or she might have agreed on this with the other parent or might have an order from a family court.

If an applicant is already in the UK, an applicant, they can only apply if they have a valid visa to switch to a parent of a child visa.

Evidence of direct access to the child

The applicant must prove they have access rights to the child by submitting either:

• a residence order or a contact order granted by a court in the UK, or
• a sworn affidavit from the UK resident parent or carer of the child, the affidavit must:
• confirm the parent applying can have access to the child
• describe in detail the arrangements to allow for this, If contact is supervised, the supervisor must swear the statement, and
• be sworn before, and certified by a legal officer.

If the applicant does not have sole parental responsibility for the child, they must supply evidence to show the parent or carer with whom the child normally lives is a British citizen or settled in the UK.

Evidence can include:

• a British passport
• a foreign passport endorsed with ‘indefinite leave to remain’ or ‘no time limit’
• letters from the UK Border Agency confirming that the person is resident in the UK.

Maintenance and Accommodation Requirements

The applicant must provide evidence:

• To show they can maintain and accommodate themselves and any dependants in the UK without recourse to public funds. And
• There will be adequate accommodation in the UK, for themselves and/or family, without recourse to public funds. This includes any family members not included in the application, but who live in the same household.
• The accommodation will not be overcrowded or contravene public health regulations.

English language requirement

The applicant must meet the minimum English language requirement that they:

• are a national of a majority English-speaking country; or
• have passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the UKVI; or
• has an academic qualification recognised by NARIC UK to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
• is exempt from the English language requirement if over the age of 65 or have a physical or mental condition that prevents you from meeting the requirement.

Length of Stay

If the application for a Parent Visa is successful, the parent will be permitted to remain in the United Kingdom for 2 years and 9 months, after which they need to extend their stay.



After 5 years of residence in the UK United Kingdom on a Parent Visa, they may be entitled to apply for indefinite leave to remain.

To qualify for indefinite leave to remain as a parent, the applicant will need to demonstrate, in addition to the above qualifications, they satisfy the CEFR Level B1 English Language requirement and pass the Life in the UK test (unless exempt).

If the application for indefinite permission to remain as a parent does not meet the requirement, UKVI will consider whether the applicant meets the requirement for a further extension of stay as a parent.

 

For experienced advice and help with an application for a Parent of a Child Visa, or any aspects of the ILR Immigration Rules, please contact us at 0203 865 6219 or leave a message.