You may be eligible for entry clearance, leave to remain or settlement in the UK based on your relationship with your child.
You may be eligible for entry clearance, leave to remain or settlement in the UK based on your relationship with your child. This route is suitable for those who are not eligible for a partner-based visa.
To assess your eligibility, the Home Office will assess your relationship to your child.
If your child lives with you, you must either have:
If your child does not live with you, their other parent:
If you share parental responsibility, the child’s other parent must not be your partner.
There are two routes to settlement under this category. The first is the 5-year route to settlement and the second is the 10-year route to settlement.
Entry clearance is generally granted to those who are eligible under the 5-year route to settlement. This will be because they meet the requirements of Appendix FM of the Immigration Rules which includes (a) being able to maintain and accommodate themselves and any dependents, and (b) the relevant child is British, settled in the UK or has limited leave under Appendix EU.
Generally, applicants are placed on the 10-year route to settlement because they fall under certain exceptions, including where the child is a British or Irish citizen or has spent 7 years in the UK but do not meet other requirements set out in Appendix FM such as the financial requirement.
Before you can apply for settlement, you must either have spent at least 5 or 10 continuous years in the UK under this category. You cannot include time spent in the UK on any other visa. The earliest you can apply is 28 days before you have lived in the U for 5 or 10 continuous years.
The eligibility criteria are different for both. If you already have a visa under this category, your last visa approval letter will state which route is applicable to you.
A key difference between the two is that the 5-year route to settlement requires that you have enough money to adequately support yourself and dependants without relying on welfare benefits. On the 10-year route to settlement, there is no financial requirement. Under both routes you will need to satisfy the English language and Life in the UK requirement.
Generally, your child must be under the age of 18 at the time of application (especially for entry clearance applications). If you are applying for leave to remain or settlement under the 5-year route to settlement and your child is 18 or over, you can still apply if:
Your child does not have to be under the age of 18 if you are applying for settlement on the 10-year route to settlement.
Here at Privity Partners, we are well versed in assessing your circumstances and advising you on your eligibility for a Parent of a Child visa. Get in touch today to speak to an expert.
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Our website will give you a flavour of the advice we provide - if you would like to talk to us for more information, please contact our client services team who will be happy to assist.
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