If you’re a parent with a child under 18 living in the UK, you might qualify for a parent visa to stay with them. This guide will help you understand the process of obtaining a UK Parent Visa and provide key information for a successful application
Overview of Parent Visas
It helps parents reunite with their children in the United Kingdom, enabling them to live, work, and study while caring for their children.
Applying for Child and Parent Visas:
You can streamline the process by applying for both visas together or by applying separately
- Costs: Family visas, including parent and child visas, incur a cost of over £1,500 per applicant, necessitating careful financial planning.
- Partner Sponsorship: Consider eligibility for a partner visa sponsorship, which might be preferable to a parent visa. Check specific requirements to assess eligibility.
- Visa Duration: Typically allow stays of 2 years and 6 months (or 2 years and 9 months if applying from outside the UK), with child visas aligned to the parent visa’s duration. Both visas can be extended before expiry.
- Indefinite Leave to Remain: Holding a parent visa for 5 years usually allows you and your children to apply for ILR, granting permanent residency in the UK.
Eligibility Requirements
Your child must have British citizenship, Irish citizenship, indefinite leave or right of abode, or settled status from the EU Settlement Scheme. Pre-settled status is accepted if your child arrives in the UK by December 31, 2020, and you are applying from outside the UK.
You must have sole responsibility for your child’s upbringing, the child usually resides with you, and you have established access rights, which can be confirmed through an agreement or family court order.
If applying from within the UK, you must hold a visa valid for more than 6 months at the time of issuance. Visitor visa holders are ineligible.
Clear any outstanding NHS debt of £500 or more before applying for a parent visa.
Applying for Child Visas
Learn about the process of applying when submitting a parent visa application for multiple children under 18.
Children included in the application must either be under your sole responsibility or have compelling reasons to live in the UK due to unavailable suitable care elsewhere.
Exemptions: Children who already have the right to reside in the UK (e.g., British citizens or those with indefinite leave) do not require this visa.
Independence: Children living independently, with a partner, or leaving home for educational purposes (such as university studies) are not eligible for child visas.
Meeting Financial Requirements
Understand the financial criteria for obtaining a parent visa and how to calculate if you meet the income requirements.
Calculating Income: Determine the necessary income by adding weekly amounts for yourself, your partner (if applicable), and each child under 18 living with you, along with housing costs.
Evaluating Income: Consider deductions for taxes and include income from sources like earnings, pensions, rent, or shares. Savings held for at least 6 months can also supplement your income when divided by 52 weeks.
Meeting the Adequate Maintenance Test
If your income meets or exceeds the required amount, you pass the adequate maintenance test and can apply for a parent visa.
Complex Cases
For complex financial situations or unique circumstances, it’s wise to seek advice from an adviser to ensure you meet the financial requirements.
Ensuring Safe and Suitable Living Conditions
When applying for a parent visa, you must show that your living conditions in the UK are safe, suitable, and adequate for the number of people living with you. You don’t need to own your home, but you must have stable long-term accommodation, like a rental agreement or a designated room in a relative’s home.
For those in council housing or with housing associations, consider the ‘permitted number of persons’ (PNP) rules. PNP sets the maximum number of people allowed in a property, excluding young children and counting older children as half a person. If your landlord isn’t part of a council or housing association, follow your local council’s guidelines for overcrowding.
English Language Requirements
- Learn about the English language criteria for a parent visa and the circumstances under which this requirement may be waived.
- Proficiency in English is typically required for a parent visa application, but exemptions exist based on specific conditions.
- You may not need an English language test if you’ve previously passed it for another visa, come from an English-speaking country, have an English-taught degree, or fall under certain age categories.
- If medical conditions prevent you from taking the test, consult your doctor for supporting documentation to request an exemption.
Rights with Family Visas
Explore the rights and limitations associated with family visas upon approval for you and your children.
Rights Included: Family visas provide the right to work, study, rent or buy accommodation, access NHS healthcare services, and freely leave and re-enter the UK.
Limitations: Most benefits and council housing are typically unavailable due to the ‘no public funds’ condition attached to family visas, though exceptions may apply for visas based on unique circumstances or private and family life.
Exceptions and Benefits
If you don’t meet the standard requirements for parent and child visas, there may be exceptions based on whether you’re inside or outside the UK when applying. Get advice to understand these exceptional circumstances.
Staying Long-Term in the UK
To obtain parent, child, or family visas, it’s crucial to plan for the long term. You can apply for extensions before your visas expire, usually adding 2 years and 6 months. After living in the UK for 5 years, you may qualify for Indefinite Leave to Remain (ILR), granting permanent residency.
Can I apply for a UK Parent Visa if my child is not a British citizen
You can apply for a UK Parent Visa even if your child is not a British citizen, but there are specific conditions that must be met. Here are the key points to consider:
Eligibility Criteria
Child’s Status: Your child must be living in the UK and can have one of the following statuses:
- Irish citizenship
- Indefinite leave to remain or right of abode
- Settled status under the EU Settlement Scheme
- Pre-settled status, but only if your child came to the UK by December 31, 2020, and you apply from outside the UK.
Long-Term Residency: If your child has lived in the UK for at least seven continuous years, you may still qualify for a Parent Visa even if they do not have British citizenship or settled status. In this case, you must demonstrate that it would be unreasonable for your child to leave the UK.
Parental Responsibility: You need to show that you have either:
- Sole parental responsibility for your child.
- Direct access to your child, with arrangements agreed upon with the other parent or as ordered by a court.
Active Role: You must prove that you are taking and intend to continue taking an active role in your child’s upbringing.
Application Process
To apply, you will need to:
- Complete an online application form.
- Pay the visa fee and Immigration Health Surcharge.
- Provide supporting documents that confirm your relationship with your child and their residency status in the UK.
- Attend a biometrics appointment at a Visa Application Centre.
Furthermore, getting a UK Parent Visa is a big step toward reuniting with your child and building a life in the United Kingdom. This guide covers eligibility, financial requirements, and other key factors to help you approach the application confidently. Also, For personalized guidance, consult with a specialist adviser to ensure you meet all criteria for a successful application and a brighter future with your child in the UK. and For detailed and current information, visit the official UK government website or speak with a qualified immigration adviser.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the UK straightforward and successful. Whether you’re applying for a Family Reunion Visa or a Child Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need to visit the UK. You can call us today at +234 812 5505 986 to learn how we can help you.
