LS Legal Solicitors

PARENT VISAS

The Parent of a British child visa is for a parent responsible for or with access to their British or settled child. The route is typically used by applicants who:

• following the breakdown of their relationship with the child's other parent take responsibility or care of the child in the UK;
• have sole parental responsibility for their child; or
• Do not live with the child (who lives with a British or settled parent or carer) but have direct (in person) access. This access is agreed by the other parent or ordered by a court in the UK; or
• are the parent the child normally lives with, not the child's other British or settled parent.

Your Parent visa will be granted for two years and nine months if you apply for entry to the UK or two years and six months if you apply for leave to remain, after which you may apply to extend your visa. You may be able to settle in the UK on your Parent visa once you have reached your qualifying period of 5 or 10 years.

PARENT VISA REQUIREMENTS

Independent life

To be eligible for a Parent visa, your child must not be leading an independent life. In reality, this means that your child must not have left home or be married and have a family of their own.

Relationship Requirements

The relationship requirements necessitate that the applicant is over 18 years of age and is the parent of a British or settled child in the UK. The child must be under the age of 18 at the date of the application and living in the UK.

You must provide evidence that they have sole responsibility for the child or direct personal access to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK. In addition, you must provide evidence that they are taking an active role in the child's upbringing and intend to continue to do so.

Financial requirements

You must provide evidence that they will be able to adequately maintain and accommodate yourself and any dependants in the UK without recourse to public funds. In practical terms, this means that after income tax, NI contributions and housing costs, your family has the same income as if they received income support.

There is no fixed amount required to demonstrate that the funds available are adequate. It is a case and fact-specific test and will depend on the number of dependents in your family unit.

Accommodation requirements

Your planned accommodation in the UK must be suitable to occupy for both you and your child and must not be 'statutory overcrowded'. In the UK, a couple may reside in the one-bedroom property or a studio with children under 10, provided they are the only people living there. Different rules may apply depending on your room's floor space in square metres, and sometimes a Property Inspection report may be required to meet the accommodation requirement.

English Language Requirements

You will normally need to sit an English test in speaking and listening to get the right to enter or remain in the UK. Your qualification will be valid only if your English exam is taken through an approved Secure English Language Testing (SELT) Provider.

You do not need an English Language test if you:

• Are a national of a majority English speaking country;
  
• Are aged under 18 or over 65;
  
• Have a long-term physical or mental condition;
  
• Hold a degree or any educational establishment taught or researched in English. Your qualification will only be valid if confirmed by UK NARIC.
  

You may not be required to meet an English language test if you fall under any of its exceptions.