Overview of the Parent Visa
The UK Parent Visa allows certain parents to live in the UK with or near their child where the requirements of the Family Visa route are met.
The Parent route has specific requirements concerning the child’s status, the applicant’s relationship with the child, parental responsibility and the applicant’s role in the child’s upbringing.
It is not simply a route for any parent whose child lives in the UK. The correct eligibility requirements must be considered carefully before applying.
Who Can Apply as a Parent?
The Parent route may be available where the applicant has a qualifying child in the UK and satisfies the relevant Immigration Rules.
The child will generally need to have qualifying status in the UK, such as being a British or Irish citizen, settled in the UK or having another qualifying status.
The applicant must also demonstrate the required parental relationship and involvement in the child’s upbringing.
Relationship With the Child
Evidence of the relationship is central to the application.
Depending on the circumstances, evidence can include:
- Birth certificate
- Adoption documents
- Court orders
- Evidence of parental responsibility
- School records
- Medical records
- Evidence of financial support
- Evidence of regular contact
- Evidence of involvement in important decisions concerning the child
Where the applicant does not live with the child, evidence should demonstrate the nature and extent of their involvement in the child’s life.
Parental Responsibility
Parental responsibility can be particularly important where the child’s parents are separated.
The applicant may need to demonstrate that they have sole parental responsibility or that they have direct access to the child in accordance with the relevant requirements.
Court orders and evidence of contact arrangements may be relevant.
The precise requirements depend on the circumstances of the application and the immigration status of the other parent.
Child's Other Parent
Where the applicant is applying as a parent, the circumstances of the child’s other parent can be relevant.
The Immigration Rules contain specific requirements depending on whether the applicant’s child lives with another parent, whether that parent is the applicant’s partner and what immigration status that parent has.
Applications should therefore be assessed based on the actual family arrangements rather than simply relying on the existence of a biological relationship.
Financial Requirement
The financial requirements for a Parent Visa depend on the route and circumstances.
Where the applicant is applying under the Family Visa rules, they may need to demonstrate that they can support themselves and any relevant family members without relying on public funds.
Where another Family Visa route or human rights consideration is relevant, the requirements and settlement route can differ.
Financial evidence should therefore be assessed alongside the applicant’s family circumstances.
English Language Requirement
Applicants will generally need to satisfy the applicable English language requirement unless an exemption applies.
The required evidence depends on the stage of the application and the applicant’s circumstances.
Applicants should ensure that any English language evidence used is accepted under the current Immigration Rules.
Applying from Outside the UK
A Parent Visa application can generally be made from outside the UK where the applicant satisfies the relevant entry clearance requirements.
The applicant will need to provide evidence of their identity, relationship with the child, family circumstances and other relevant requirements.
Documents should clearly demonstrate the applicant’s involvement in the child’s life and their proposed arrangements in the UK.
Extending a Parent Visa
A person already in the UK on a qualifying Parent Visa may be able to extend their permission.
The application should be submitted before the existing permission expires.
The applicant must continue to satisfy the relevant requirements, including the relationship with the child and any applicable financial or English language requirements.
Settlement
A Parent Visa can potentially lead to settlement depending on the route and circumstances.
The qualifying period can differ where an applicant is on a five-year or ten-year route.
The applicant should establish which route they are on and what requirements must be met before applying for indefinite leave to remain.
Complex Parent Applications
Parent applications can become particularly complicated where:
- Parents are separated
- The child lives with the other parent
- There are court orders
- The applicant lives outside the UK
- The child has British citizenship
- The applicant has previously been refused a visa
- There are previous immigration breaches
- The applicant cannot meet the standard requirements
- Human rights considerations may apply
Where the standard requirements are not met, it is important to consider whether another immigration route or human rights claim may be available.
Evidence and Supporting Documents
The Home Office may require information about the applicant’s family and immigration history.
Documents can include:
- Passport
- Birth certificates
- Evidence of the child’s status
- Court orders
- Evidence of contact
- School or medical records
- Financial documents
- Accommodation evidence
- Evidence of previous immigration applications
Documents that are not in English or Welsh may require certified translations.
How We Can Help
SWM Solicitors can advise parents seeking to join or remain with their children in the UK.
We can assist with:
- Assessing eligibility
- Reviewing parental responsibility
- Reviewing child-related evidence
- Advising on financial requirements
- Reviewing English language evidence
- Preparing applications
- Advising on extensions
- Advising on settlement
- Reviewing previous refusals
- Assessing complex family circumstances