Child Visa
CHILD VISAS
A child may be eligible to apply for a child visa to enter and remain in the UK indefinitely if they are under 18 and living overseas. In this case, they must have a parent or other relative who is either settled or applying for settlement in the UK.
Suppose you have a child under 18, and you have (or are applying for) limited leave as the partner (spouse, civil partner or unmarried partner) of a British citizen or settled person. In that case, the child may be eligible for a child visa for a limited leave in line with the parent.
INDEFINITE LEAVE TO ENTER THE UK AS A CHILD
You may apply for indefinite leave to enter the UK as the child of a settled parent or relative if the following circumstances are met:
1. Where the child is coming to the UK to live with both parents and either:
• Both parents are British citizens or have indefinite leave to remain, or are admitted on the same occasion for settlement; or
• One parent is a British citizen or has indefinite leave to remain, and the other parent is applying to come to the UK.
2. Where the child is coming to the UK to live with only one parent and either:
• One parent is a British citizen or has indefinite leave to remain, and the other parent is dead; or
• One parent is a British citizen or has indefinite leave to remain, and that parent has had sole responsibility for the child's upbringing; or
• One parent is a British citizen or has indefinite leave to remain where there are profound and compelling family or other considerations that mean it would be undesirable to exclude the child from the UK.
3. Where the child is coming to live with a relative (not their parent) who is a British citizen or has indefinite leave to remain, and there are profound and compelling family or other considerations that mean it would be undesirable to exclude the child from the UK.
Additionally, the child will have to show that they satisfy the following requirements:
• They are related to the parent or other relative as claimed; and
• They are under 18 at the date of application; and
• They are not married, in a civil partnership or leading an independent life; and
• There is adequate accommodation and maintenance for the child without relying on public funds.
LIMITED LEAVE TO ENTER OR REMAIN IN THE UK AS A CHILD
An application for limited leave to enter or remain in the UK as a child may be appropriate where the child's parent is applying for entry clearance or leave to remain as the partner of a British citizen or settled person in the UK. It might also be appropriate where the child's parent has already been granted entry clearance or leave to remain as a partner of a British citizen or settled person in the UK.
To qualify for entry clearance, or leave to remain, as the child of a parent with limited leave as a partner, the child must be able to demonstrate that:
• They have a parent who is in the UK as a partner or is applying to do so;
• The applicant's parent's partner is also the applicant's parent, unless either:
o the applicant's parent has sole responsibility for the child; or
o There are profound and compelling family or other considerations that make excluding the child undesirable, and suitable arrangements are made for the child's care.
Additionally, the child will have to show that they satisfy the following requirements:
• They are under 18 at the date of application, unless applying to extend leave granted in cases where the applicant has subsequently reached the age of 18 but not yet obtained settlement;
• They are not married, in a civil partnership or leading an independent life;
• There is adequate accommodation and maintenance for the child without relying on public funds.
Under the Immigration Rules, the UK sponsor will also need to demonstrate they have a gross annual income of at least £18,600. They will require an additional £3,800 for a first child (who is not British, settled or an EEA national), plus £2,400 for each additional child (who is not British, settled or an EEA national). Different considerations will apply if the UK sponsor receives certain benefits.
Most immigration applications have strict factual and evidential requirements that are not necessarily straightforward to comprehend or satisfy. LS Legal Solicitors are well versed and highly experienced in providing advice and assistance on immigration applications. We appreciate that many of the requirements may seem overly complex and onerous. However, we guarantee to make your experience as smooth and stress-free as possible.
For the quickest response, please WhatsApp or call us on +44 (0) 75 3595 9450. You can also contact us via email at info@LSLegaLUK.com or use the contact form to discuss your requirements further or arrange an appointment with one of our experts.
