Guiding the Child Visa UK: A Comprehensive Guide for Parents

There is an immigration option accessible to you if you are the parent of a child who lives in the UK but now resides outside and wants to move to the UK. In Appendix FM of the Immigration Rules, the Parent of a Child Visa route defines many criteria to be eligible for a UK visa based on your family life as a parent of a child visa UK. 

Parent of British Child Visa Requirement

• You must be the parent of a kid who is:
• It is required to be eligible for a UK Parent of a Child Visa.
• younger than 18; and. being a UK resident; and.
• A citizen of the UK or Ireland;
• Someone who has established residency there (i.e., has proof of long-term residency or indefinite leave to remain); or Someone from the EU, Switzerland, Norway, Iceland, or Liechtenstein and has pre-settled status under Appendix EU.

At the time of application, your child must be in the UK, and you must plan on moving there with your child. You should not use the Parent of a Child route if your child is abroad. 

As long as your child hasn’t established an “independent life,” your application will not necessarily be rejected if your child reaches 18 after your Parent of a Child Visa application is submitted. You must show that your child is still entirely or primarily financially and emotionally dependent on you or another parent/career and that they have not yet established their family unit. Therefore, unless they attend full-time school, college, or university, your child must not be dating anyone and must still live with a parent or caretaker. 

Relationship Requirement for Child Visa UK

You must have sole parental responsibility for your child or share parental duty with the parent or carer your child generally stays with to be eligible for a Parent of a Child Visa. 

If you and another person have joint custody of a child, that other person must not be your partner or be a UK or Ireland citizen, have indefinite permission to remain, create status or permanent residency there, or have pre-settled status under Appendix EU. 

Who Is Eligible to Be a Parent?

A “parent” includes a natural parent, a stepfather or stepmother, parents of an illegitimate child (where proven), and adoptive parents, as per Section 6 of the Immigration Rules. 

The Rules also consider that a person may be regarded as a parent in cases where a child is born in the UK but is not British, and there has been a real transfer of parental duty to that person because the child’s parents cannot care for the child. You must provide evidence, such as your child’s birth certificate or any other strong proof of parentage, to show your tie to your child as a parent. 

If you have shared parental responsibility and direct in-person access to your child and have agreed to this access with the parent or carer who generally lives with your child in the UK, or if a UK court has required that access, you will have fulfilled the relationship requirement. 

Financial Requirement for Child Visa UK

You must also offer proof that shows your ability to sustain yourself financially and find suitable housing without turning to public assistance in support of your application for a Parent of a Child visa. You must specify your intended residence and the number of people you will share it with. To avoid overcrowding and ensure the planned facilities do not violate public health regulations. 

Duration of a Parent Visa

If your request for a Parent Visa is granted, you will have permission to stay in the UK for 2 years and 9 months; after that, you must apply to extend your stay. You might be qualified to apply for indefinite leave to remain in the UK via the Parent Visa route after spending 5 years (or 60 months). In addition to fulfilling the criteria listed above, you must show the following to be eligible for indefinite leave to remain as a parent: 

• You satisfy the more demanding English language criteria of CEFR Level B1 that are relevant to settlement applications;
• You have passed the Life in the UK test if you are not excluded.

If you apply for indefinite leave to remain as a parent but do not meet those requirements, UK Visas and Immigration will continue assessing whether you fit the additional extension of parental stay criteria. 

Conclusion:

The child visa UK is a gateway to reuniting families and creating a nurturing environment for children in the UK. However, the complicated application process can be overwhelming. Getting assistance from professionals like My Legal Services can significantly simplify the process, ensuring every detail is taken care of and increasing the likelihood of a successful outcome. With their guidance, you can embark on this journey confidently, knowing that you have experts to navigate the complexities and help you build a brighter future with your child in the United Kingdom.