If you’re a parent looking to join your child who is settled in the UK, you may be looking to apply for a parent visa.
The UK immigration system does not have an official standalone ‘parent visa’. Instead, parents can apply to join their child under the broader Family Visa route.
While the Family visa is designed to keep family units together, applicants have to meet strict eligibility criteria. The visas are also temporary and must be renewed to retain lawful status. However, after five years in the UK as a parent visa holder, you may become eligible to apply for indefinite leave to remain.
This guide provides a comprehensive overview of how parents can apply for a visa to join their children in the UK using the Family Visa route. We’ll cover essential topics such as eligibility criteria, financial requirements, necessary documentation and the step-by-step application process.
Section A: What Is the Parent Visa in the UK?
Although the term “Parent Visa” is commonly used, it’s important to know that this category doesn’t technically exist as a visa in the UK’s immigration system. Instead, parents seeking to live with their children in the UK apply under the Family Visa route.
The Family visa allows certain family members to join or stay with relatives who are already settled in the UK.
The Family Visa is designed to reunite families by allowing specific familial relationships, such as spouses, unmarried partners, children and parents.
The Parent Visa route, while not a separate visa type, is an option for parents who want to reunite with their child in the UK. It provides a route for families to stay together when one or both parents live abroad while their child is a British citizen or holds settled status in the UK.
The primary purpose of applying for a visa as a parent is to reunite families where a child is living in the UK and needs the presence of a parent for their upbringing and wellbeing. This is particularly important for single parents, those who have sole responsibility for a child and in situations where the other parent is absent or unable to provide care.
The parent visa allows the holder the right to live and work in the UK, allowing them to provide support, care and stability for their child, who is already settled in the country.
Parent visas typically last 2.5 years (30 months), or 2 years and 9 months if you’re outside the UK when you apply, and must be extended to continue living in the UK. During the extension process, you will need to prove ongoing eligibility, and after completing 5 years on this route, you may become eligible to apply for Indefinite Leave to Remain (ILR).
Section B: Parent Visa Eligibility Criteria
Under the UK immigration rules, only parents who meet certain conditions can reunite with their children through a parent visa. These criteria focus on the age and residency status of the child, as well as the parent’s relationship to the child and their ability to provide adequate financial support and accommodation.
Table: Eligibility Criteria for Parent Visa
Criteria
|
Description
|
---|---|
Relationship with the Child
|
Must be a biological, adoptive, or step-parent of a child in the UK.
|
Child’s Age
|
The child must be under 18 years old at the time of application (exceptions for dependent adults).
|
Financial Requirements
|
Applicants must meet the financial threshold or demonstrate adequate maintenance funds.
|
Residency Status of the Child
|
The child must be a British citizen, have settled status, or be under humanitarian protection.
|
Proof of Sole Responsibility
|
Required if the parent is the sole caregiver or has primary custody of the child.
|
1. Residency Status of the UK Child
The child in question must hold one of the following statuses for the parent to qualify:
a. British or Irish Citizen: The child is a British or Irish citizen, either by birth or through naturalisation.
b. Settled Status: The child has indefinite leave to remain (ILR) or settled status under the EU Settlement Scheme.
c. UK Ancestry Rights: The child is a Commonwealth citizen with a grandparent who was born in the UK, the Channel Islands, or the Isle of Man.
d. 7 Years Continuous Residence: The child has lived in the UK continuously for at least seven years, and if you are applying from within the UK, it must be shown that it would not be reasonable for them to leave the country.
Parents must prove that the child resides permanently in the UK. If the child is living independently, such as attending university or working, this can affect the parent’s eligibility unless dependency can be proven.
2. Age Requirement of the UK Child
The child must be under 18 years old at the time of the parent visa application or have been under 18 when you were first granted entry clearance or leave to remain, and they must not be living an independent life.
If the child is over 18, special circumstances may apply, such as the child being dependent due to health or other reasons. In cases where the child is over 18 but is already in the UK with settled status, parents may still apply if they can demonstrate ongoing dependency or that the child cannot live independently. Take professional advice to understand the options in these circumstances.
3. Relationship Requirement
To qualify for a UK Parent Visa, you must demonstrate a strong parental connection to your child in the UK. This involves meeting specific criteria related to your responsibility for the child and your role in their upbringing. Below is a detailed explanation of the requirements, evidence needed, and important considerations.
a. Sole Responsibility for the Child
Applicants must show that they have sole responsibility for their child’s upbringing. This means that you are the only person responsible for the child’s daily care and welfare, including major decisions regarding their education, health, and overall wellbeing. Sole responsibility typically indicates that the other parent is no longer involved in the child’s life and has abdicated their parental role.
To prove sole responsibility, you must provide evidence such as legal custody agreements, court orders, or documentation from schools or healthcare providers showing that you are the primary decision-maker in your child’s life. Financial support from the other parent does not count as shared parental responsibility, as sole responsibility requires full control over the child’s day-to-day life and long-term care.
b. Child Normally Lives With You
If your child resides with you on a full-time basis, you can meet the relationship requirement by showing that the child normally lives in your care. This must be substantiated with documents such as tenancy agreements, utility bills, or letters from schools or local authorities that confirm the child’s residence with you. This condition is satisfied when the child primarily lives with you and not with the other parent.
c. Access Rights to the Child
In cases where the child does not live with you but resides with another parent or carer, you must prove that you have direct access rights to the child. These access rights can be established through mutual agreement with the other parent or carer or through a court order. If you have access rights, you must show that you actively exercise them, such as by visiting the child regularly, attending school meetings, or participating in healthcare appointments.
Direct access must involve in-person involvement in the child’s life. Indirect contact, such as phone calls or social media messages, is not sufficient to meet this requirement. Evidence that demonstrates your active involvement can include contact centre records, letters from schools or healthcare providers, and court orders.
d. Proving Active Involvement in the Child’s Upbringing
An essential part of the relationship requirement is showing that you are actively involved in your child’s upbringing. This can include attending school events, taking your child to medical appointments, or being present for significant milestones in their life. To support this, you may provide:
i. Letters from schools confirming your involvement in parent-teacher meetings or school activities.
ii. Records from healthcare providers, such as letters from doctors or dentists, indicating that you accompany your child to appointments.
iii. Court orders or legal documents that outline your custodial or access arrangements.
These documents must show an ongoing, active, and meaningful role in your child’s life.
e. Special Conditions for the Other Parent or Carer
If your child lives with another parent or carer, specific conditions must be met to apply for the Parent Visa. The other parent or carer must be a British citizen, have settled status in the UK, or hold limited leave under the EU Settlement Scheme. In addition, they must not be your current partner or someone you have been in a relationship with for less than two years before the date of your application.
If the child lives with this parent or carer, you must show that they have granted you direct access to the child and that you are actively using this access to participate in their life.
4. Maintenance & Financial Requirement
Unlike the Spouse or Partner Visa, where a specific income threshold is set, the financial requirements for parents under the Family Visa route can vary depending on individual circumstances. In effect, applicants must show that they can financially support themselves and their dependents without needing access to public funds.
The Home Office assesses financial eligibility based on the principle of adequate maintenance and accommodation.
a. Adequate Maintenance Requirement
The adequate maintenance test ensures that you have enough income to support yourself and your dependants in the UK. This test compares your weekly income (after deducting housing costs) to the government-set minimum income level.
To calculate adequate maintenance, start by working out your weekly income. Include income from wages, pensions, rent or shares, and add your partner’s income if you live together. Also include any savings you’ve held for at least 6 months (see below for calculation). Then, deduct your weekly housing costs – such as rent or mortgage payments and council tax.
To pass the test, your remaining weekly income must meet or exceed the equivalent to the amount a similar-sized family would be entitled to if they were on income support. These levels are:
i. £90.50 if you’re single.
ii. £142.25 if you live with a partner.
iii. £83.24 for each child under 18 who will live with you.
For example, if you live with your partner and two children, your minimum income threshold would be:
£142.25 (you and your partner) + £83.24 × 2 (two children) = £308.73 per week. Add your weekly housing costs to this amount to determine the total income required.
b. Adequate Accommodation Requirement
You must show that your accommodation meets certain standards. The number of occupants must not exceed the legal limits for the size of the property, and the accommodation must be in good condition and suitable for habitation.
You will need to provide rental agreements or mortgage documents, utility bills, council tax statements, and a property inspection report if required.
c. Cash Savings
Savings can be used as an alternative to income or to supplement your weekly income. There are two ways savings are considered:
i. Supplementary Savings: Divide your total savings by the number of weeks you are applying to stay in the UK to calculate how much can be added to your weekly income.
ii. Relying Solely on Savings: If using savings alone, you must have at least £88,500. This amount ensures that your maintenance needs are met without any additional income. Savings between £16,000 and £88,500 can be combined with other income to meet the financial requirement.
You will need to provide evidence such as bank statements covering at least the last 6 months and proof of the origin of funds if required.
d. Income Below Threshold
If your calculated total income falls short of the required amount, you may be able to count benefits received by your partner, such as parts of Universal Credit or Housing Benefit.
You can also exclude any part of housing costs covered by benefits such as Council Tax Reduction or Housing Benefit.
You may also look to take professional advice on your options, such as exploring additional evidence or exemptions.
Table: Financial Requirements Comparison
Source of Income
|
Proof Required
|
Can Be Used to Meet Threshold?
|
---|---|---|
Salary from Employment
|
Payslips, employer letter
|
Yes
|
Self-Employment Income
|
Tax returns, business accounts
|
Yes
|
Savings
|
Bank statements for at least 6 months
|
Yes
|
Rental Income
|
Lease agreements, bank deposits
|
Yes
|
Sponsorship by Family Member
|
Sponsorship declaration, financial proof
|
No (only supplementary)
|
5. Restrictions on Eligibility
It is important to note that certain restrictions apply to Parent Visa applicants. If you are applying from within the UK, you must already hold a visa valid for more than six months that permits switching to a different category. For example, individuals on visitor visas are not eligible to apply for a parent visa from within the UK; you would have to leave the country to make your application.
Also, you cannot apply if you owe £500 or more to the NHS.
Section C: Documents Required for the Application
The UK Home Office requires parent visa applicants to submit a comprehensive set of documents to support their application. These documents are used to verify your eligibility, relationship with the child, and ability to financially support yourself without relying on public funds.
It’s important to invest the time to make your evidence as strong as possible. Processing will be delayed if the Home Office requests further information, and Parent visa applications are frequently refused due to a lack of documentation or poor quality submission, which does not evidence the applicant’s eligibility.
You may wish to seek professional guidance on your application to ensure you are compiling a strong and comprehensive submission to prove your eligibility.
Table: Document Checklist for Parent Visa Application
Document Type
|
Examples
|
Required?
|
---|---|---|
Proof of Relationship
|
Birth certificate, adoption papers
|
Yes
|
Child’s UK Residency Status
|
Passport, settled status documentation
|
Yes
|
Financial Evidence
|
Bank statements, payslips, tax returns
|
Yes
|
English Language Proficiency
|
IELTS certificate, degree taught in English
|
If applicable
|
Accommodation Details
|
Rental agreement, utility bills
|
If applicable
|
Biometric Information
|
Fingerprints and photo
|
Yes
|
1. Proof of Relationship with the Child
To demonstrate your eligibility, you must provide evidence of your relationship with the child you are joining in the UK. You will need to provide strong evidence that establishes your role as the biological, adoptive, or legal parent of the child you are seeking to join in the UK. This includes proving parental responsibility and an active role in your child’s upbringing.
Examples of documentation include:
a. Birth certificate: Showing the parent-child relationship.
b. Adoption papers: If the child was adopted.
c. Court orders: Documents proving legal custody or sole responsibility.
d. Photos and communication records: Evidence of ongoing contact, such as emails, messages, or call logs, to show an active relationship.
2. Proof of the Child’s UK Residency or Citizenship
The application must include documents that confirm the child’s legal status in the UK, for example, as a British or Irish citizen:
a. British passport or naturalisation certificate: If the child is a British citizen.
b. Indefinite Leave to Remain (ILR) card or settled status documentation: If the child has settled status.
c. Refugee status letter: If the child is under humanitarian protection.
d. Proof of residence: Utility bills, school enrolment letters, or tenancy agreements to show that the child is living in the UK.
3. Financial Evidence
Applicants need to demonstrate that they can financially support themselves and their dependants in the UK and will not need access to public funds. Examples include:
a. Bank statements: Covering the last six months to show savings or income.
b. Payslips: If employed, provide recent payslips from the last six months.
c. Tax returns and business accounts: For self-employed applicants.
d. Sponsorship documents: If a family member in the UK is supporting you financially, include their bank statements, employment contract, or sponsorship declaration.
e. Evidence of savings: If relying on cash savings to meet financial requirements.
4. English Language Proficiency Evidence (if required)
While not always mandatory, in certain cases, parents may need to prove they have a basic understanding of the English language, especially if they plan to stay in the UK long-term or apply for settlement in the future.
a. English language test certificate: From an approved test provider (e.g., IELTS or Trinity College London).
b. Degree certificate: If you hold a degree that was taught in English, you may be exempt from taking a test.
c. Exemption evidence: If you are from an English-speaking country or qualify for an exemption due to age, disability, or exceptional circumstances.
5. Additional Supporting Documents
Depending on your specific circumstances, you may need to provide additional documents to strengthen your application:
a. Accommodation details: Evidence that you have suitable accommodation in the UK where you and your child can live.
b. Medical records or health insurance: If applying based on exceptional health needs.
c. Character certificates: Such as a police clearance certificate, if requested by the Home Office.
Section D: Application Process for the UK Parent Visa
Applying for a visa to join your child in the UK under the Family Visa route involves several steps, from completing the application form to providing biometrics and supporting documents.
Table: Steps in the Application Process
Step
|
Description
|
---|---|
Step 1: Online Application
|
Complete the online form on the UK government website.
|
Step 2: Pay Fees
|
Pay the application and IHS fees.
|
Step 3: Biometrics Appointment
|
Attend an appointment for fingerprints and photographs.
|
Step 4: Submit Supporting Docs
|
Upload or submit necessary documents online or at a visa centre.
|
Step 5: Wait for a Decision
|
Processing times vary (priority options available).
|
1. How to Apply from Outside the UK
If you are currently living outside the UK and wish to join your child, you will need to apply for the Family Visa online via the UK government’s official website.
Step 1: Complete the online application form
Access the Family Visa application form on the UK government website. Be sure to select the appropriate visa type that applies to your situation.
Step 2: Pay the visa fees
The standard application fee can range from £1,048 for in-country applications to £1,846 for applications made outside of the UK.
Step 3: Biometrics appointment
After submitting your application, you will need to schedule a biometrics appointment at a Visa Application Centre in your country. This involves fingerprinting and a digital photograph.
Step 4: Submit supporting documents
You will be required to upload or submit hard copies of your supporting documents, including proof of relationship, financial evidence, and proof of your child’s residency in the UK.
Step 5: Processing times
The average processing time for a Family Visa from outside the UK is 12 weeks, but priority processing (if available) can reduce this to 6 weeks for an additional fee.
2. Switching to a Family Visa from Within the UK
If you are already in the UK on a different visa, you may be able to switch to the Family Visa route to stay with your child, provided your current visa status allows it.
You are not permitted to switch visa categories if you are in the UK under a visit visa, short-term student visa, or a seasonal worker visa.
Step 1: Complete the online application
Access the UK government’s website and fill out the Family Visa application form.
Step 2: Pay the appropriate fees
The standard fee for switching to a Family Visa from within the UK is £1,048.
Step 3: Biometrics and supporting documents
Similar to applying from outside the UK, you will need to schedule an appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre for biometrics and document submission.
Step 4: Processing times
The standard processing time is around 8 weeks, but priority processing (within 5 days) is available for an additional fee.
3. Visa Fees for Parents Applying Under the Family Visa Route
The application fees for the UK Parent Visa vary depending on whether you are applying from outside or within the UK:
If applying from outside the UK, the standard fee is £1,538. If applying from within the UK, the standard fee is £1,048.
In addition to the application fee, applicants are required to pay the Immigration Health Surcharge (IHS), which grants access to the UK’s National Health Service (NHS). The IHS is currently £1,035 per year of leave.
Table: Visa Fees and Processing Times
Type of Application
|
Fee
|
Processing Time
|
Priority Option
|
---|---|---|---|
Applying from Outside the UK
|
£1,538
|
12 weeks
|
Available (6 weeks) for £500
|
Applying from Within the UK
|
£1,048
|
8 weeks
|
Priority (5 days) for £500, Super Priority (24 hours) for £1000
|
Immigration Health Surcharge (IHS)
|
£1035/year
|
N/A
|
N/A
|
4. Application Processing Times
Processing times for the UK Parent Visa depend on where the application is submitted. Applications from outside the UK are typically processed within 12 weeks, while those made within the UK usually take about 8 weeks.
Several factors can influence these timelines. Missing information or documentation can cause delays, and if further verification or an interview is required, processing may take longer. Processing caseload can also impact processing; high numbers of applications can lead to longer processing times.
For applicants seeking faster decisions, priority services may be available at an additional cost:
a. Priority Service: Offers a decision within 5 working days for applications made within the UK at an extra cost of £500.
b. Super Priority Service: Provides a decision by the end of the next working day for applications made within the UK at an additional fee of £1000.
Please note that priority services are subject to availability and may not be offered in all locations or for all visa types. It’s advisable to check the latest information on the official UK government website or consult with an immigration advisor before applying.
Section E: Common Challenges
Applying for a Parent Visa under the Family Visa route to join a child in the UK can be complex, with several hurdles that applicants may encounter along the way. Many applications are delayed or refused due to issues like insufficient financial evidence, difficulty proving sole responsibility for a child, or incomplete documentation.
1. Proving Financial Requirements
One of the most challenging aspects of applying for a Family Visa is demonstrating that you meet the financial requirements. This involves proving that you have sufficient income or savings to support yourself without relying on public funds.
Common issues include difficulty providing proof of a stable income, especially for self-employed individuals or those with irregular income streams, not having the required amount of savings if you don’t meet the income threshold and incomplete financial documentation, such as missing bank statements or outdated payslips.
To avoid these issues, submit comprehensive financial documentation. Ensure you provide at least six months’ worth of bank statements, payslips and tax returns if you’re self-employed. Make sure all documents are up-to-date and clearly show your income.
If your regular income falls short, demonstrate alternative forms of financial support, such as rental income, investments, or sponsorship from a family member who is financially stable.
In certain cases, such as when human rights considerations are involved, you may be exempt from the strict financial requirements.
2. Proving Sole Responsibility for the Child
For parents applying to join a child in the UK, especially if the child is under 18, proving sole responsibility can be a significant hurdle. This requirement is often scrutinised to ensure the parent is genuinely responsible for the child’s upbringing.
Common issues can include insufficient evidence showing that you are the primary caregiver, especially if the child has been living with other family members, lack of documentation proving regular communication or involvement in the child’s life and complicated custody arrangements that may not clearly indicate sole responsibility.
To overcome these issues, collate extensive evidence. Provide school reports, medical records, and letters from healthcare professionals or social workers that demonstrate your involvement in the child’s life.
Show communication records, including evidence such as call logs, emails, letters, or video call screenshots, to prove consistent contact with your child.
If there are legal custody agreements or court orders granting you sole responsibility, include these in your application to strengthen your case.
3. Incomplete or Inaccurate Documentation
Incomplete or inaccurate documentation is one of the most common reasons for visa refusals. Missing essential documents or providing conflicting information can lead to delays or rejection.
Common issues include overlooking required documents like proof of the child’s residency status or financial evidence, submitting documents that are not translated into English (if originally in another language), and inaccuracies in the application form, such as inconsistent dates or misspelt names.
Before submitting your application, review the checklist provided by the UK Home Office to ensure all required documents are included. If any documents are in a language other than English, have them professionally translated and certified to avoid delays.
Consider hiring an immigration advisor to review your application and documents, ensuring that everything is accurate and complete before submission.
4. Delays in Processing Times
Even if your application is complete, delays can occur due to high volumes of applications and backlogs, especially during peak periods. You may also face unexpected delays in receiving a biometrics appointment.
If additional checks are required by the Home Office, especially if your case involves complex circumstances, your application will also be delayed. This can all be particularly stressful if you are eager to reunite with your child.
To help avoid last-minute delays, start the application process as early as possible, especially if you have a preferred timeline for joining your child.
The Home Office may request more information or conduct additional checks. Respond promptly to any such requests to avoid further delays.
If time is of the essence, opt for priority or super-priority processing (where available) to receive a quicker decision.
Section F: Parent Visa Refused
Receiving a refusal on your Parent Visa application can be disheartening, especially if you’ve been hoping to reunite with your child in the UK. However, it’s important to understand that a refusal is not necessarily the end of the road. Applicants have specific rights of appeal and options to reapply, depending on the circumstances of the refusal.
Table: Common Reasons for Visa Refusals and Solutions
Reason for Refusal
|
Solution
|
---|---|
Insufficient Financial Evidence
|
Provide updated bank statements and additional financial proof
|
Incomplete Documentation
|
Review the checklist thoroughly before submission
|
Lack of Proof of Sole Responsibility
|
Submit legal documents and additional evidence of involvement
|
Failing English Language Requirement
|
Retake the test or provide alternative evidence
|
Exceeding Absence Limits
|
Include explanations for any extended absences
|
1. Rights of Appeal if a Parent Visa Application Is Refused
If your application is refused, you may be given the right to appeal the decision, depending on the grounds for refusal and your specific situation. The right to appeal is usually granted if the refusal breaches your human rights, such as the right to family life.
Common grounds for appeal include:
a. The Home Office did not properly consider evidence of your relationship with your child.
b. The decision fails to account for your child’s best interests, especially if they are under 18.
c. Incorrect application of immigration rules, particularly related to financial or residency requirements.
If you are eligible to appeal, this will be clearly stated in your refusal letter. It will include a Notice of Decision outlining the reasons for refusal and whether you have the right to appeal.
2. Steps for Submitting an Appeal or Reapplying
Once you receive a refusal notice, you have two primary options: submit an appeal or reapply with stronger evidence.
a. Submitting an Appeal
You must submit your appeal to the First-tier Tribunal (Immigration and Asylum Chamber) within 14 days if you are in the UK or 28 days if you are outside the UK.
Use the correct form (usually the IAFT-1 form) and pay the appeal fee (currently £80 for a paper hearing or £140 for an oral hearing).
Gather any new evidence that addresses the reasons for refusal. This may include updated financial documents, additional proof of your relationship with your child, or other supporting information.
If you opt for an oral hearing, be prepared to present your case in person. You may be asked questions by the judge or the Home Office representative.
b. Reapplying for the Visa
Review the refusal letter carefully to understand why your application was denied. Focus on correcting the issues identified, such as missing documents or insufficient financial evidence.
If you believe your application was missing key information or was incomplete, you can reapply with a stronger case. However, you will need to pay the visa fee again.
Provide additional or corrected documents to support your case, ensuring all requirements are fully met.
3. Take Legal Advice
While it’s possible to handle the appeal or reapplication process on your own, seeking professional legal advice is highly recommended to give your application the best chance of success.
If your refusal is based on complicated grounds, such as disputed custody arrangements, financial discrepancies or questions about your child’s residency status, our legal specialists can help guide you through your options.
If you’ve already faced multiple refusals, we can help identify issues in your application and guide you through the reapplication or appeal process more effectively.
Section G: Extending or Switching Visas: Options for Parents in the UK
Once you’ve successfully obtained a Family Visa to join your child in the UK, you may eventually need to extend your visa or even switch to another visa category if your circumstances change to maintain lawful status.
1. Extending the Family Visa
If you’re already in the UK on a Family Visa as a parent, you can apply to extend your visa before it expires. An extension allows you to continue living in the UK with your child, provided you still meet the eligibility criteria.
You should apply to extend your visa before it expires. It’s recommended to submit your application at least 8 weeks before your current visa expires to avoid overstaying.
Typically, extensions are granted for 2.5 years (30 months), and you can continue to extend your visa in increments if you meet the requirements.
To extend your Family Visa, you will need to show you are still in a genuine and ongoing relationship with your child, that you meet the financial requirements or qualify for an exemption, and that you have not breached any visa conditions during your stay.
The extension application is completed online through the UK government’s website. You will need to pay an extension fee plus the Immigration Health Surcharge (IHS).
2. Switching to Other Visa Categories
In some cases, parents may wish to switch to a different visa category if their circumstances change. For example, you may become eligible for another visa type that better suits your needs, or your child may reach adulthood and no longer meet the dependency requirements.
Common visa categories to switch to:
a. Indefinite Leave to Remain (ILR)
After living in the UK on a Family Visa for 5 years, you may be eligible to apply for ILR, which grants permanent residency. You must meet specific requirements, such as passing the Life in the UK test and demonstrating continuous residence.
ILR removes the need for visa extensions and allows you to live, work, and study in the UK indefinitely.
b. Parent of a British Child Visa
If your child has recently become a British citizen, you may be able to switch to this visa type, which is a specialised route within the Family Visa category. This visa is designed for parents who have sole or shared parental responsibility for a British child.
c. Work Visa
If you secure a job offer from a UK employer with a sponsorship licence, you may switch to a Skilled Worker Visa. This visa requires a valid Certificate of Sponsorship (CoS) from your employer and proof that your job meets the minimum salary threshold.
Switching to a work visa may be beneficial if you no longer meet the dependency requirements under the Family Visa route but wish to remain in the UK for employment.
Section H: Settlement and Indefinite Leave to Remain (ILR) for Parents
For parents who are in the UK on a Family Visa and wish to settle permanently, the next step is to apply for Indefinite Leave to Remain (ILR).
Securing ILR grants you the right to live, work, and study in the UK without any immigration restrictions, and it is a mandatory prerequisite for obtaining British citizenship if you choose to do so.
1. Pathway to ILR for Parents
Parents on a Family Visa can typically apply for ILR after they have been living in the UK for 5 continuous years. This period must be spent under a Family Visa route that allows for settlement, such as the Parent of a British or Settled Child Visa. The application for ILR must be made before your existing visa expires, and you must demonstrate that you continue to meet the requirements for your current visa.
The 5-year route is the standard route for parents who have been in the UK on a Family Visa and have continuously met all visa requirements.
If you have legally resided in the UK for 10 years or more under any combination of visas, you may also qualify for ILR based on long residence.
2. Requirements for ILR
To successfully apply for ILR as a parent, you must meet a range of eligibility criteria. These requirements ensure that you are well-integrated into UK society and have demonstrated a long-term commitment to living in the UK.
Table: Key Requirements for Indefinite Leave to Remain (ILR)
Requirement
|
Description
|
Exemption
|
---|---|---|
Continuous Residency
|
5 years in the UK with no absences over 180 days/year
|
Long residency route (10 years)
|
Life in the UK Test
|
Knowledge test on British culture and history
|
Over 65 years old
|
English Language Proficiency
|
IELTS or equivalent proof of language skills
|
Native English speakers
|
Financial Stability
|
Must meet financial requirements
|
Human rights considerations
|
a. Continuous Residency
You must have lived in the UK continuously for 5 years on a qualifying Family Visa. You are allowed to spend up to 180 days outside the UK in any 12-month period during these 5 years without breaking your continuous residency. Extended absences or spending significant time outside the UK may disqualify you from ILR.
b. Financial Stability
You must still meet the financial requirements of the Family Visa route, proving that you can support yourself without needing public funds. This includes providing up-to-date financial evidence such as bank statements, payslips, or proof of savings.
c. Life in the UK Test
As part of the ILR process, you will need to pass the Life in the UK Test, which assesses your knowledge of British culture, history, and traditions. The test consists of 24 multiple-choice questions and must be booked in advance. A passing score is required for your ILR application to be considered.
Study resources are available online, and it is highly recommended to prepare thoroughly before taking the test.
d. English Language Requirement
You must demonstrate proficiency in the English language unless you are from a majority English-speaking country or are exempt due to age (over 65) or health conditions.
Accepted proof includes an English language test certificate from an approved provider or evidence of a degree taught in English.
e. Good Character Requirement
You must have a clean immigration record, with no history of overstaying, breaches of visa conditions, or criminal convictions. The Home Office will conduct checks to ensure you are of good character, which includes looking into your financial history and any interactions with law enforcement.
Section I: Summary
The UK parent visa forms part of the official Family Visa category, and allows parents to join their children who are settled in the UK. Applicants must demonstrate that they have a genuine parental relationship with the child and meet specific eligibility requirements, including financial stability, adequate accommodation and active involvement in the child’s upbringing.
A key consideration is the need to prove sole or shared parental responsibility. Sole responsibility requires evidence that the other parent has little or no involvement in the child’s care. Those with shared responsibility must show they have regular access to the child and take an active role in their upbringing. Another important factor is the financial requirement, which must be met to show that the applicant can support themselves without relying on public funds.
Risks for applicants include visa refusal due to insufficient evidence of the parental relationship or financial stability and delays caused by incomplete documentation. Careful preparation, including comprehensive evidence, is essential to avoid these issues.
Section J: Need Assistance?
If you’re considering applying for a UK parent visa and want to ensure your application is as comprehensive as possible, contact our experienced immigration lawyers for tailored advice and support.
Section K: Parent Visa FAQs
What is the Parent Visa in the UK?
The Parent Visa is a category under the Family Visa route that allows parents to join their child in the UK if the child is under 18, a British or Irish citizen or holds settled status. It is designed to reunite families where the child resides in the UK permanently.
Do I need to prove sole parental responsibility?
Not necessarily. You can apply if you have sole responsibility for the child or if the child normally lives with you. If the child lives with another parent or carer, you must demonstrate you have access rights and are actively involved in their upbringing.
What are the financial requirements for the Parent Visa?
Applicants must show they can support themselves and their child without relying on public funds. This involves meeting the adequate maintenance test, which considers income, savings, and housing costs.
How long does the Parent Visa last?
The initial visa is granted for 2.5 years and can be extended. After five years on the Family Visa route, you may be eligible for Indefinite Leave to Remain (ILR).
What evidence is needed to prove my relationship with the child?
You may need documents such as a birth certificate, adoption papers, court orders, or letters from schools and healthcare professionals that confirm your involvement in the child’s life.
Can I work in the UK on a Parent Visa?
The Parent Visa allows you to live, work, and study in the UK without restrictions.
What should I do if my application is refused?
You may have the right to appeal or reapply, depending on the reasons for refusal. It is advisable to seek legal advice to address the issues raised in the decision.
Can I apply for a Parent Visa from within the UK?
You can apply from within the UK only if you already have a visa valid for more than six months. Those on visitor visas are not eligible to switch to a Parent Visa.
Section L: Glossary
Term
|
Definition
|
---|---|
Parent Visa
|
A visa under the Family Visa route allowing parents to join their child who is settled in the UK.
|
Family Visa
|
A visa category for individuals seeking to live with a close family member in the UK.
|
Sole Parental Responsibility
|
When one parent has full responsibility for a child’s care, welfare, and major life decisions.
|
Shared Parental Responsibility
|
When parental duties are shared between parents or carers who are not in a relationship.
|
Adequate Maintenance
|
A financial requirement showing that the applicant can support themselves without public funds.
|
Adequate Accommodation
|
Housing that is not overcrowded and meets public health and safety standards.
|
Indefinite Leave to Remain (ILR)
|
Permanent residency status in the UK allowing an individual to live, work, and study without restrictions.
|
Direct Access Rights
|
The legal right to maintain contact with a child through visits or other in-person interactions.
|
Settled Status
|
A status granted under the EU Settlement Scheme allowing permanent residence in the UK.
|
Immigration Health Surcharge (IHS)
|
A fee paid by visa applicants to access NHS healthcare during their stay in the UK.
|
Life in the UK Test
|
A mandatory test on British culture and history required for settlement or ILR applications.
|
Contact Order
|
A legal document issued by a court granting a parent or carer the right to spend time with a child.
|
Adequate Maintenance Test
|
An assessment to determine if an applicant’s weekly income meets or exceeds government thresholds.
|
Biometrics
|
Fingerprints and a photograph collected during the visa application process.
|
Right of Appeal
|
The legal right to challenge a visa refusal decision through a formal tribunal process.
|
Visa Extension
|
A process to renew a visa before it expires to continue living in the UK legally.
|
Section M: Additional Resources
UK Government Official Guidance on Family Visas
https://www.gov.uk/uk-family-visa
Comprehensive information on eligibility, application procedures, and requirements for family visas, including the Parent Visa.
Citizens Advice: Staying in the UK as the Parent of a Child Who Lives Here
https://www.citizensadvice.org.uk/immigration/getting-visas-for-family-members/check-if-you-can-stay-in-the-uk-as-the-parent-of-a-child-who-lives-here/
Guidance on eligibility criteria, application processes, and necessary documentation for parents seeking to stay in the UK with their child.
UK Government Guidance on Indefinite Leave to Remain for Family Members
https://www.gov.uk/indefinite-leave-to-remain-family/parent
Details on the pathway to Indefinite Leave to Remain (ILR) for parents, including residency requirements and the application process.
UK Government Guidance on Family Life as a Partner or Parent
https://www.gov.uk/government/publications/family-life-as-a-partner-or-parent-private-life-and-exceptional-circumstance
Information on how applications are assessed based on family life as a partner or parent, including considerations of exceptional circumstances.
UK Government Guidance on Applying as an Adult Coming to Be Cared for by a Relative
https://www.gov.uk/uk-family-visa/adult-dependent-relative
Criteria and application process for adults needing long-term care from a relative in the UK.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/