Apply as a parent of a child in the UK :

Family life as a parent of a child in the UK establishes a route that can assist a parent of a child to apply under this route provided the child is living in the UK and is a settled person or a British citizen. The provision replaces (and is significantly more restrictive than) the previous ‘person exercising rights of access to a child’ provision in the immigration rules.

We understand that application as a parent of a child in the UK can be complex and using the services of an immigration expert are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. You will need to ensure that you meet all of the mandatory requirements before you apply. You will need to complete the relevant forms and collate your evidence for submission. This will need to be extensive and prove that your relationship is genuine.

Application as a parent of a child in the UK requirements:

To qualify as a parent of a child in the UK you must satisfy the following UK Visas and Immigration requirements:

• You must be aged 18 or over
• Your child must be under 18 (unless the application is for leave to remain and the child has turned 18 since the parent first was granted leave under Appendix FM and the child has not formed an independent family unit or started living an independent life)
• Your child must be living in the UK as a British citizen or settled person
• either:
  • You have sole responsibility for the child
  • the child lives with you and not their other parent (who is a British citizen or settled in the UK), or
  • the parent with whom the child normally lives: – is a British citizen or settled in the UK – is not your partner
• You must provide evidence that you are taking, and intend to continue to take, an active role in the child’s upbringing, and
• evidence that you have sole parental responsibility for the child, or evidence that you have access rights to the child
• You have adequate maintenance and accommodation without recourse to public funds
• You meet the English-language requirement
• There are also provisions concerning adequate maintenance and accommodation without recourse to public funds and an English-language requirement for the applicant parent to meet.

How can you apply as a parent of a child in the UK:

• You can submit an application from within the United Kingdom depending on your circumstances.

What if you are unable to meet the adequate maintenance and English Language requirement:

For those parents who do not satisfy the above requirements, you can rely on the Exception provision EX.1.

Para EX.1.(a) covers the claims of parents and partners in circumstances where the relevant child is a British citizen or has lived in the UK continuously for at least seven years immediately preceding the date of application, subject to a test of whether it is reasonable to expect the child to leave the UK. Note that it is not enough for the child simply to be settled.

Duration and conditions of your leave as a parent of a child:

If the you meet the requirements you will be granted leave to remain as a parent of a child in the UK for a period not exceeding 33 months and subject to a condition of no recourse to public funds.  You may become eligible to apply for indefinite leave to remain (ILR) in the UK after spending a continuous period of either 60 or 120 months with limited leave under the route, depending under which paragraphs the limited leave was granted.

What happens if your leave to remain application as a parent is refused:

At Aaryan Solicitors, team of our immigration law specialists’ can advise you on the merits of making a fresh application and/or challenging the decision by way of an appeal to the Immigration Tribunal.

Why Choose Aaryan Solicitors?