Parent Visa of a British Child Its Requirements

UK

Parent Visa of a British Child Its Requirements

This article provides guidance related to the visa requirements of the parent of a British child under Appendix FM based on family life.

Purpose of The Parent Visa of a British Child Under Appendix FM

The United Kingdom parent visa of a child route under Appendix FM is solely for a parent who is responsible and accountable for the upbringing of the child after the failure of the relationship with the other parent of the child. The route is for the applicants who:

  1. Are the only responsible and accountable parent of the British child
  2. He/ she does not live with the child. The child has the carer in the UK or lives with the other parent in the UK. Nevertheless, the parent applying has personal access to the child in the UK, as agreed with the carer or the parent with whom the child currently lives or if the court orders it
  3. It is the case for the applicant, the parent with whom the child might normally be living, rather than the other parent of the child who is settled in the UK or is a British Citizen

Proving Relationship for The Visa

The visa requires proof of the child bond with you. The most trustworthy testimony to show the relationship is the birth certificate of the child. However, the applicants can also present other forms of shreds of evidence to prove a relationship with an under 18 children.

The Age of The Child

If the child has turned 18 years of age since the first grant of the parent of child visa, then the applicant is required to confirm that:

  1. The Child of The Applicant Must Not Be Leading an Independent Life Or
  2. The Child Has Not Formed A Separate Family Unit Yet

Child Not Leading an Independent Life

According to paragraph six of the Immigration Rules, “is not leading an independent life” or “Must not be leading an independent life” indicates that the person has no partner at the moment. And:

  • They might be living with their parents. However, besides studying at the boarding high school, college or any university as part of their full-time education
  • They are not employed for full-time (unless they are of 18 years age or over)
  • They mainly or wholly rely on their parents for providing them financial support (unless they are 18 years of age or over)
  • They primarily or entirely rely on parents to offer them emotional support.

Who Is Known as The Parent Under the Immigration Rules?

Apart from a genetic parent, under paragraph 6 from the Immigration Rules of the UK, the parent might also be the one:

  1. The Stepmother of a Child
  2. The Stepfather of a Child
  3. An Adoptive Parent
  4. The Mother or Father of An Illegitimate Child. Maybe, Where It Might Be Proved That the Person Is the Mother/Father of An Illegitimate Child

However, in the case of the child who is born in the UK and is not a British citizen. The person who has been genuinely transferred the parental responsibility of the child, because the genetic parents are unable to take care of the child properly, are also deemed to be the parents of the child.

How to Get Visa as Parent of a British Child of The Uk

Under the five-year parent route, the person wishing to apply is demanded to meet all the eligibility and suitability requirements. Hence, for entry clearance as a parent, the conditions mentioned under paragraph EC-PT.1.1. from Appendix FM is that the person applying:

  1. Is outside the UK
  2. He/ she has made a substantial application for the entry clearance as the parent of the child under Appendix FM
  3. He/ she does not fall for the refusal supporting any of the grounds from the Suitability for entry clearance: Section S-EC:
  4. He/she meets all of the requirements for eligibility of Section E-ECPT for entry clearance as a parent i.e.
  • The financial requirements
  • English Language requirement
  • Relationship requirements

If the applicants meet the criteria, then they get a 30 months limited leave. An applicant usually receives an entry clearance allowance for 33 months with no support of public funds. However, the extra three-months are for making the travel arrangement.

The Eligibility Requirements for Parent Visa of The Uk

  1. Under paragraph 6 of the Immigration Rules, the applicant should fall under the definition of “parent.”
  2. Prove the claimed relationship with the child
  3. Direct access/ Sole parental responsibility to the child- for the UK parent visa entrance allowance application
  4. Direct access/Sole parental responsibility the child usually lives with the applicant. This requirement is for the in-country consent to continue the parent of the child visa application.
  5. The carer or parent is a settled person/ or a British citizen in the UK. This obligation is for statements on the basis of access rights only.
  6. The other carer or parent of the child might not be the partner of the person applying
  7. The person applying should not be eligible to appeal as a partner
  8. Verification of direct and primary access to the child
  9. The person applying has no intention to take active participation in the upbringing of the child
  10. The child should be under the age of 18 years
  11. The survey of the immigration status of the applicant’s child. This suggests that the child of the applicant is a British citizen or living in the UK, or well settled in the UK
  12. Suffices the accommodation, English language, and financial maintenance requirements
  13. The applicant should meet the immigration status required. This condition is only for the in-country leave to remain the UK parent visa applications.

The Suitability Requirements for The Uk Parent Visa

  1. The person applying has not persisted in the violation of the immigration laws. This applies only to the in-country leave
  2. The presence of an applicant in the United Kingdom is not in-conducive to the good of the public.
  3. The person applying not fails on the basis of:
    • Criminality
    • Conduct
    • Non-Compliance
    • Character and Associations
    • A Deportation Order Or
    • Any Other Reasons
  1. The person appealing not fails based on medical reasons
  2. The applicant neither removed nor left because of a caution issued.
  3. The person applying for visa does not fail because of false representations
  4. Not fails due to the failure to unveil material facts
  5. Not fails because of lack of accommodation and maintenance undertaking
  6. The person applying not fails because deception was done in a previous application.
  7. The application is not refused because of the failure to pay the outstanding litigation payments granted to the Home Office
  8. The applicant is not denied paying unpaid bills of NHS of GBP 500 or more