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Navigating UK Immigration: Bringing Your Children and Former Partner to the UK Under the EU Settlement Scheme

The UK's immigration landscape can be complex, especially when family reunification is involved. We often receive queries from individuals seeking to bring family members to the UK, particularly under the EU Settlement Scheme. A common scenario arises when an individual with status under the EU Settlement Scheme wishes to bring their children, and potentially, their children's other parent with whom they are no longer in a relationship.

This blog post aims to clarify the rules surrounding such situations, drawing on a recent query we received from a client with Indefinite Leave to Remain (ILR) under the EU Settlement Scheme.

Bringing Your Children to the UK Under the EU Settlement Scheme

If you have Pre-Settled or Settled Status (including ILR) under the EU Settlement Scheme, you can generally bring your children to the UK. This applies whether they are your biological children, adopted children, or step-children, provided they meet the eligibility criteria.

Key considerations for bringing children:

  • Age: Children are typically eligible if they are under 21. If they are over 21, they generally need to demonstrate financial dependency on you or your spouse/partner.

  • Relationship: You must provide clear evidence of your relationship to the child (e.g., birth certificates, adoption papers).

  • Application under EUSS: Each child needs to make their own application under the EU Settlement Scheme. Their application can be linked to your status, meaning they can be granted the same status as you (e.g., Pre-Settled or Settled Status).

  • Evidence: You will need to provide evidence of your own immigration status, the children's identities, and your ongoing relationship.

The process for children to join a parent with EU Settlement Scheme status is generally straightforward, aiming to facilitate family reunification.

What About the Children's Other Parent (If You're Not Married Anymore)?

This is where the rules become more nuanced. A frequent question we encounter is whether the children's other parent, with whom the applicant is no longer married or in a relationship, can also come to the UK to assist with childcare.

The general rule is that the UK immigration rules do not provide a specific visa route for a non-partner, non-EU national parent to enter the UK solely for childcare purposes, even if their children are settled here.

While you might be able to bring your children, their other parent (if they are not your current spouse or durable partner) would typically need to qualify for their own independent visa route. This is because they would not be considered a dependent family member under the EU Settlement Scheme in the same way your children are.

Circumstances where an unmarried or separated parent might qualify for a visa (outside of the EU Settlement Scheme):

  • Parent of a Child Route (Appendix FM): This route is for parents of British or settled children. However, it has very strict requirements. Generally, the applicant (the parent seeking to come to the UK) must have sole parental responsibility for the child. If parental responsibility is shared with another parent who is a British or Irish citizen, settled in the UK, or has Pre-Settled Status, that other parent must not be your partner. This route is designed for situations where a parent needs to come to the UK to care for their child, and there isn't a settled partner to facilitate a partner visa.

  • Serious and Compelling Circumstances: In very limited and exceptional cases, the Home Office might consider applications where there are serious and compelling family or other considerations that make the child's exclusion undesirable, and suitable arrangements have been made for the child's care. These cases are highly complex and require substantial evidence.

  • Other Visa Categories: The children's other parent would primarily need to explore other general UK visa categories, such as a Skilled Worker visa, if they meet the eligibility criteria for those routes. A visitor visa, while allowing entry for short periods, does not permit long-term residence or employment.

Important Considerations:

  • "Sole Parental Responsibility" is strictly defined: It means one parent is entirely responsible for the child's upbringing and welfare, and the other parent has relinquished their responsibilities or is unable to exercise them. Shared parental responsibility with a former partner who is also in the UK often makes this route challenging.

  • No "Childcare Visa": There is no specific visa category for a non-partner, non-EU national parent to come to the UK simply to help with childcare.

  • Individual Assessment: Every case is assessed on its individual merits and against the strict requirements of the UK Immigration Rules.

Seeking Expert Advice

Understanding the intricacies of UK immigration law, especially concerning family visas and the EU Settlement Scheme, can be daunting. As UK Immigration Lawyers, we specialise in navigating these complexities to provide clear and accurate advice. While it is generally straightforward to bring your children if you have status under the EU Settlement Scheme, the ability of a former partner to join them in the UK is highly dependent on specific circumstances and stringent eligibility criteria outside of the EU Settlement Scheme.

We can only advise on UK Immigration law. For any advice on other areas of law (such as property law or family law), please consult a professional in that area.



General Information Notice: Please note that the content provided here is for informational purposes only and is not a substitute for legal immigration advice. We are not responsible for any actions taken based on this free information.

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