Parent of a Child Visa
This visa is available to foreign nationals aged 18 or over who have a child in the UK. The child must be a British or Irish citizen, have Indefinite Leave to Remain (ILR), or have a settled or pre-settled status in the UK. If you are eligible to apply as a Spouse, Civil Partner, Unmarried Partner, Fiancé or a Proposed Civil Partner you must do so instead of applying as a parent of a child.
You shall apply under this route if your child is physically present in the UK at the date of application and you intend to make the UK your home. You must also have parental responsibility for a child. In case of sole parental responsibility, you must provide solid evidence of having sole custody of the child as a primary carer that makes all decisions in connection with the child’s upbringing. In case of a shared parental responsibility, the other parent must not be your partner and British or Irish citizen, or have a settled or pre-settled status.
You must play and intend to continue to play an active role in the child’s life and upbringing in the UK. You shall also be able to maintain yourself in the UK and have adequate accommodation without any recourse to public funds. You shall also demonstrate competence in the English language to at least CEFR level A1, unless exempt, come from an English-speaking country, or received academic qualifications in the English language.
A Parent of a Child visa is initially granted for 2 years and 9 months. The visa can be extended further for 2 years and 6 months if you continue meeting the eligibility criteria. After 5 years, this visa can lead to Indefinite Leave to Remain or Settlement in the UK.
Our solicitors can help with advising on the relevant visa requirements, completing the application form, reviewing necessary documents and other supporting evidence, and accompanying the process until your visa is issued.
If your visa has been refused, you should have a right to appeal to the First Tier Tribunal as this type of application is considered to be a human rights claim. Depending on your circumstances, you might be able pursue further the decision maker’s refusal of your visa via Judicial Review (to challenge the lawfulness of the decision) or via Administrative Review (if a mistake was made by the decision maker when issuing your visa refusal).
You will also have the option to make a new visa application. If you decide to reapply, you shall address in the new visa application all reasons for your refusal, providing all missing information and relevant supporting evidence.