Parent of a British Child/Settled Child/ Continuous 7 years UK resident child.
- SEE EXPLANATORY VIDEO BELOW
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You can apply under this category if you are a national of a country outside the European Economic Area (EEA) and Switzerland and are the Parent of a British Child or Settled Child or Child who has lived in the UK for a continuous period of 7 years and it would be unreasonable for the child to live outside the UK
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You wish to come to the UK or continue to live in the UK to fulfil your shared or sole parental responsibility over the child. You wish to come to the UK then you need to meet the financial requirement
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You may or may not be married to the other parent. If you are in a relationship with the other parent, then you both may have a shared responsibility for the upbringing of the child.
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If you are applying from within the UK, you do not need to have a valid leave to remain in the UK, you may be an individual whose leave has expired and you may have overstayed in the UK or you have entered the UK illegally.
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This visa can be applied either from within the UK or from outside the UK. In order to apply, the following requirements must be met:
Child must be:
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a British Citizen, or
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Settled in the UK (Indefinite Leave to Remain or Permanent Residence holder), or
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have lived in the UK for a continuous period of 7 years, if you are applying from within the UK
Sole or Shared Responsibility Requirements:
If you and the other parent of the child are partners living in the UK along with the child, then:
- You should get a declaration signed by the other parent describing the role you take in the upbringing of the child and you should also get a letter from a medical professional (such as the midwife, health visitor nurse, GP, etc.) confirming that they have seen you take an active role in the upbringing of the child and you should also get documents addressed to you, the other parent and the child at the same address confirming that you all are living together('cohabiting') as a family unit, click here to see Cohabitation documents.
If the child lives with you in the UK and you are not in a relationship with the other parent of the child, then:
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You should get a declaration signed by the other parent describing the role you take in the upbringing of the child and you should also get a letter from a medical professional (such as the midwife, health visitor nurse, GP, etc.) confirming that they have seen you take an active role in the upbringing of the child and you should also get documents addressed to you and the child at the same address confirming that you both are living together ('cohabiting) as a family unit, click here to see Cohabitation documents.
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Age Requirement - You must be over 18 years of age and your child must be under 18 years of age on the date of application
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You do not have to meet the Financial Requirement, English Language Requirement, Accommodation requirement if you are applying from within the UK.
"Access to the Child" Requirement:
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You should have a mutual agreement with the Child's other parent that you have shared responsibility for the child or
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You should have a court order granting you access to the Child or
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You should have the sole responsibility for the child, since the other parent has abandoned the relationship with the child.
Relationship and Active role in Upbringing Requirement:
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You must be the biological parent of the Child. Your relationship must be evidenced with a Birth Certificate or an equivalent document from relevant Government records of Births
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You should play an active role in the upbringing of the child, either in the form of living and take care of the daily needs of the child or living separately from the child but having access rights and taking part in the major decisions(such as education, health, etc.) in the child's life jointly with the other parent and having regular contact with the child.
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The Home Office may ask to produce a DNA test certificate to prove the relationship, as heard from the experience of other representative. In all the cases, that we have represented till date, our clients have never been asked to produce a DNA test certificate.
Dependants on Parent Visa:
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You can also include your children who are under 18 years of age, to accompany you as your dependants on your Parent visa.
Where to apply from:
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You can apply from within the UK or from outside the UK
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Anyone who is physically present in the UK can file from within the UK, with or without any leave to remain in the UK
Duration/Validity of the Parent Visa:
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If you are applying from outside the UK, you are initially given a 33 months visa
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If you are applying from within the UK, you are initially given a 30 months visa
Rights/Obligations whilst living in the UK on a Parent Visa:
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You can work in the UK without any restrictions. You may establish a business or accept offers of employment without requiring a work permit.
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You / anyone on your behalf, cannot receive public funds to assist you/your dependants with your/your dependants living and accomodation costs.
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You are eligible to study in the UK without any restrictions
Visa Processing time:
For Applications filed within the UK:
UKVI takes about 12 to 24 weeks from the date of application depending upon how busy the UKVI department is, to process the application through the postal application service.
Also, this application can be filed through the Premium Service (Same Day) service by paying additional premium service fees, per applicant/dependant, whereby the Approval Letter is given on the date of filing of the application and the Biometric Residence Permit (Visa Card) is sent within 3 to 7 working days.
For Applications filed outside the UK:
The UKVI takes about 8 to 12 weeks from the date of application, to process the application under the normal service. Also, in some countries, this application can be filed through the Priority Service for additional fees, whereby the processing time is about 4 to 6 weeks, depending upon the country where the application is filed and how busy the UKVI is in that country.
Extending your Visa:
You can extend your Parent visa for a further period of 30 months, if your role in the upbringing of the child is still subsisting. You will be required to provide most of the documents you provided at the time of your first grant along with an addition of Cohabitation documents since your first grant of Parent visa (if you are living with the child) to show that you have been living together with your child continuously. If you do not have all the cohabitation documents, please contact us to discuss your options.
If you have not been living together with your child, then you should evidence the role you take in the upbringing of the child, such as money transfers to the other parent for the care of the child, gifts of any receipts that you bought for the child, etc., if you drop off/pickup your child from nursery or school, then letter from the nursery or school confirming this, letter from dentist confirming that you take the child to the appointments and such similar evidence.
Applying for Settlement (Indefinite Leave to Remain in the UK):
5 Year Partner Route:
If you has valid leave to remain in the UK at the time of filing of the initial Parent visa and you filed you application from within the UK by meeting the Financial Requirement at the time of filing your Parent Visa or if you filed the initial application outside the UK and your met the Financial requirement , then you would be granted your Parent visa under the 5 year parent route. If you continued to meet the financial requirement and continued to play an active role in the child's upbringing throughout the 5 year period, then you may apply for Settlement at the end of your 5 year stay in the UK on a Parent visa.
10 Year Partner Route:
If you did not meet the Financial Requirement at the time of filing your Parent Visa, and UKVI considered your case to be appropriate under the 10 year partner route, then you would be granted your Parent visa under the 10 year partner route. If you continued to play an active role in the child's upbringing throughout the 10 year period, then you may apply for Settlement at the end of your 10 year stay in the UK on a Parent Visa.
Financial Requirement:
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You and/or Your Spouse's Income must be at least GBP 18,600 per year - only you are applying
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You and/or Your Spouse's Income must be at least GBP 22,400 per year - you and one Dependant is applying
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Additional Income of GBP 2,400 per year - for each additional Dependant, who is applying with you
The Financial Requirement can also be satisfied by showing adequate savings. The savings amount depends on the income shortfall. We will calculate this for you during the initial consultation.
English Language Requirement:
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You must have passed an approved English language test, at least or above CEFR level A1 in speaking and listening. This test can be taken anywhere in the world, or
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You must have an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to or above a UK Bachelor's Degree, or
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You must be Exempt from the English Language Requirement
