Overview of the Child Visa
A UK Child Visa can allow an eligible child to join or remain with a parent in the UK. The requirements depend on the child’s age, where they were born, the immigration status of the parent and the circumstances of the family.
The Family Visa rules contain specific requirements for children, including rules concerning parental responsibility, where the child lives and whether the child is leading an independent life.
The correct application route should be identified before an application is made because a child may qualify under different immigration arrangements depending on the circumstances.
Who Can Apply?
A child may be able to apply to join or remain with a parent in the UK where the relevant Family Visa requirements are satisfied.
The requirements can differ depending on whether the child is:
- Under 18
- Over 18 but previously granted permission as a child
- Born inside the UK
- Born outside the UK
- Joining a parent who has a partner or parent Family Visa
- Joining a parent with protection status
- Applying alongside a parent
- Applying separately from a parent
The child’s family circumstances should therefore be assessed individually.
Children Under 18
One of the central requirements is that the couple intends to marry or enter into a civil partnership within six months of the applicant’s arrival in the UK.
The applicant must therefore have genuine plans to marry during the period of the Fiancé(e) Visa.
Evidence of wedding arrangements can help demonstrate the intention to marry, although the exact evidence required will depend on the circumstances.For a child under 18, the application will generally need to establish the child’s relationship with the parent and demonstrate that the relevant requirements are satisfied.
The child must generally not be married or in a civil partnership and should normally live with the parent unless they are living away from home in full-time education.
Evidence can include:
Birth certificates
Adoption documents
Evidence of parental responsibility
School records
Medical records
Evidence of the child’s living arrangements
Evidence of financial support
Evidence concerning the other parent
Children Born in the UK
Children born in the UK can have different immigration options depending on their parent’s status and the circumstances of their birth.
In some situations, a child may be able to be included in a parent’s next application or make a separate application.
The parent’s immigration status and the child’s existing permission should be reviewed before deciding which application to make.
Children Born Outside the UK
For a child born outside the UK, eligibility will depend on the immigration status of the parent or parents and the circumstances of the application.
Where a parent is applying as a partner and the partner they are joining is the child’s other parent, the child may be able to apply as a dependant.
There are also circumstances where a child may qualify where a parent has sole parental responsibility.
Serious or compelling circumstances may also be relevant in certain applications.
Parental Responsibility
Parental responsibility can be an important consideration in a Child Visa application.
Where parents are separated or the child does not live with both parents, evidence may be needed to establish who has responsibility for the child’s upbringing.
Relevant evidence may include:
- Court orders
- Custody arrangements
- Written agreements
- School records
- Medical records
- Evidence of financial support
- Evidence of regular contact
Each case needs to be assessed based on the actual family circumstances.
Financial Requirements
Financial requirements can apply depending on the family route under which the child is applying.
Where a child is applying to join a parent who holds a partner or other Family Visa, evidence may be required to demonstrate that the relevant financial requirements are satisfied.
The evidence required will depend on the parent’s immigration category and the circumstances of the application.
Children Over 18
Children aged 18 or over can face different requirements.
In certain circumstances, an adult child may be able to continue as a dependant if they were previously granted permission as a child and continue to satisfy the relevant requirements.
For example, the child may need to have had permission to remain in the UK that began while they were under 18 and must not be living an independent life.
Applying from Outside the UK
Where a child is applying to join a parent from overseas, the application will generally require evidence of:
- The child’s identity
- The parent-child relationship
- The parent’s immigration status
- Living arrangements
- Financial circumstances where applicable
- Parental responsibility
- The child’s circumstances
Documents should be complete and consistent with the information provided in the application.
Complex Child Applications
Child immigration applications can become more complicated where:
- Parents are separated
- The child lives with another relative
- One parent remains overseas
- There are custody arrangements
- The child is over 18
- The parent has limited immigration status
- The child has previously held another type of visa
- There are previous immigration refusals
- There are concerns about the child’s welfare
In these circumstances, specialist advice can help identify the appropriate route and evidence.
Settlement
Children may in certain circumstances qualify for settlement after completing the relevant qualifying period, depending on the route under which they hold permission.
The settlement requirements can vary depending on whether the child holds a Family Visa, is a dependant of a work visa holder or qualifies under another immigration route.
How We Can Help
SWM Solicitors can advise parents and children on UK Child Visa applications.
We can assist with:
- Assessing eligibility
- Reviewing parent-child relationship evidence
- Advising on parental responsibility
- Reviewing financial evidence
- Preparing supporting documents
- Advising on applications from overseas
- Advising on applications from inside the UK
- Reviewing previous refusals
- Advising on extensions
- Advising on settlement