Parent Visa

UK Parent Visa

If you are a parent of a child in the UK, then you may be eligible to apply for the UK Parent Visa which will enable you to join your child in the country.

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What is the UK Parent Visa?

The UK Parent Visa, also known as the Parent of a Child Visa, is a Family Visa which enables parents of eligible children to join them in the UK. 

The UK Parent Visa allows you to live and work in the UK for up to 2 years and 9 months. Should you wish to remain in the UK for a longer period of time, it is possible to extend your visa by an additional 30 months. By extending your Parent of a Child Visa, you may become eligible to apply for indefinite leave to remain, and later, British citizenship

 

Parent Visa UK Requirements

To be eligible for a Parent of a British Child Visa, you must meet the Parent Visa UK requirements:

 

How do I prove the relationship with my child?

When applying for the UK Parent Visa, you will be required to prove that you are the parent of the child you are seeking to join in the UK. The best way to prove the relationship with your child is to provide a birth certificate (or a country equivalent). If the birth of your child has not been registered until more than a year after their birth and you are the biological parent, then a DNA test can help to prove the relationship with your child.

 

Who qualifies as a parent?

To be eligible for a Parent of a Child Visa, you do not need to be the biological parent of the child in the UK. The Immigration Rules state that a parent can be:

  • The biological parent.
  • The stepfather of a child whose father is dead (where relationship has arisen from a civil partnership to the other parent).
  • The stepmother of a child whose mother is dead (where relationship has arisen from a civil partnership to the other parent).
  • The father of an illegitimate child who is proved to be the father.
  • An adoptive parent.
  • A person who has been transferred genuine parental responsibility on the grounds of the original parent or parents being unable to care for the child. 

To prove your relationship with your child, you will be required to provide relevant paperwork and evidence to demonstrate this relationship (i.e. Courts Orders, marriage certificates, and birth certificates).

 

Parental responsibility

To be eligible for the UK Parent Visa, you will be required to either have sole or shared parental responsibility for your child.

If you have shared parental responsibility for your child then your child’s other parent or carer must not be your partner. In addition to this, the child’s other parent or carer must be either:

  • A British or Irish citizen.
  • Settled in the UK.
  • Have limited leave in the UK under the EU Settlement Scheme.

In the instances where the child lives with their other parent or carer, you must be able to show that you have direct access to your child and that you take an active role in their upbringing.

 

What does it mean to have sole responsibility of a child?

To have sole responsibility of a child means that you have assumed full responsibility for the care and wellbeing of your child, while the other parent has abdicated or abandoned their parental role. If you have sole responsibility for your child then you will exercise exclusive control in settling and providing day-to-day guidance for your child’s welfare.

 

Active role in your child’s upbringing

You will be required to prove that you have an active role in your child’s upbringing and that this will continue whilst in the UK. The following can be used to demonstrate this:

  • Evidence from the government, school, court of a medical professional.

  • Evidence which shows that you live with, or care for, your child.

More specific pieces of evidence which you can provide include:

  • A letter from your child’s school which confirms that you take them to school or go to events like parent evenings.

  • A letter to your address from the local authority which confirms your child’s school.

  • A letter from your child’s dentist, doctor or another health visitor which confirms that you take them to appointments.

  • Court order paperwork which confirms that your child either lives with you or that you take an active role in their upbringing.

Speak to an immigration lawyer

If you would like to know more about the UK Parent Visa or would like assistance with another matter relating to UK immigration law then please get in touch today and one of our immigration advisors will get in contact with you shortly.

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What are the financial requirements for a Parent of a Child Visa in the UK?

The financial requirements for a Parent of a Child Visa in the UK, require that you are able to prove that you will be able to adequately maintain and accommodate yourself (and any dependents) in the UK without needing to access public funds.

 

What counts as adequate maintenance?

Adequate maintenance in relation to the UK Parent Visa refers to being able to demonstrate that your remaining funds, after deducting housing costs, are equal to or greater than what a family of equivalent size would receive if they were eligible for income support.

 

What counts as adequate accommodation?

Adequate accommodation in relation to the Parent of a Child Visa refers to being able to demonstrate that where you plan to stay in the UK is suitable for all of those intending to live there. This means that your intended accommodation is not overcrowded and does not violate public health regulations.

 

What is the English language requirement for a UK Parent Visa?

To be eligible for a UK Parent Visa, you will be required to prove your knowledge of the English language. Meeting the English language requirement for the UK Parent Visa can be done in the following ways:

 

 

What counts as a majority English-speaking country?

The list of majority English-speaking countries according to the Home Office for the purpose of meeting the English language requirement for the Parent of a Child Visa is as follows:

  • Antigua and Barbuda
  • Australia
  • The Bahamas
  • Barbados
  • Belize
  • Dominica
  • Grenada
  • Guyana
  • Ireland
  • Jamaica
  • Malta
  • New Zealand
  • St Kitts and Nevis
  • St Lucia
  • St Vincent and the Grenadines
  • Trinidad and Tobago
  • USA

 

 

Academic qualifications

You will also be able to meet the English language requirement for a Parent of a Child Visa by holding a Bachelor’s, Master’s, or PhD awarded by an educational establishment in the UK

If your degree was taught outside the UK but was taught in one of the following countries then the Home Office will also accept it as evidence of meeting the English language requirement:

  • Antigua and Barbuda
  • Australia
  • The Bahamas
  • Barbados
  • Belize
  • Dominica
  • Grenada
  • Guyana
  • Ireland
  • Jamaica
  • Malta
  • New Zealand
  • St Kitts and Nevis
  • St Lucia
  • St Vincent and the Grenadines
  • Trinidad and Tobago
  • USA

If your academic qualification was awarded in one of these countries, then you will be required to provide a certificate from Ecctis to show that the qualification is similar to a UK Bachelor’s, Master’s or PhD.

If your academic qualification was not gained in the UK or from one of the listed countries, then you will need a visa and nationality statement from Ecctis. The statement from Ecctis will confirm whether your qualification meets or exceeds the standard of a Bachelor’s, Master’s degree, or PhD in the UK and to what level of the Common Framework of Reference for Languages it meets.

 

 

What is an approved English language test?

If you are not a national of a majority English speaking country and do not hold an appropriate academic qualification, then you will be required to pass an approved English language test. If this is the case, you will be required to pass a speaking and listening test to at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale. Once passed, the results of an approved English language test will be valid for a period of 2 years. The Home Office lists a number of approved providers that offer this test.

How can Paragon Law help?

To make a successful UK Parent Visa application you will need to present a compelling case and accompanying evidence to the Home Office. Our immigration lawyers work with their clients to ensure that the best possible UK Parent Visa application is presented to the Home Office.

Want to know more about the UK Parent Visa?

If you would like to know more about the UK Parent Visa, why not download a copy of our guide which explores the visa in more detail?

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How much does a UK Parent Visa cost?

A UK Parent Visa application costs £1048 for in-country applications and £1,846 for applications made outside of the UK

However, in addition to the Parent of a Child Visa application fee, you will be required to pay the immigration health surcharge (IHS) which costs £624 per year. By paying the immigration health surcharge, you will be able to access a range of NHS services whilst in the UK.

Additionally, if the application is initially made to regularise status by an individual liable to detention or on immigration bail (applications made by an overstayed or illegal entrant currently residing in the UK) the application fee is £1258.

- Correct at the time of writing (5th October 2023).

 

How long is a Parent Visa valid?

If your UK Parent Visa application is successful, then you will be able to stay in the UK for up to 33 months. This is granted in two stages: in the first, stage you will receive a visa to enter the UK which will be valid for 90 days / 3 months. Once the first stage is over, you will receive permission to remain in the UK for a further 30 months.

 

Can you extend the UK Parent Visa?

Yes, provided that you meet the UK Parent Visa requirements, you will be able to extend the UK Parent Visa. If you wish to extend your UK Parent of a Child Visa then you must apply to UK Visas and Immigration to extend your stay before your current visa expires. If you are successful in extending your UK Parent Visa, then you will be granted further leave to remain for a period of 30 months.

 

Does entry clearance as a parent lead to settlement in the UK? 

After spending 10 years in the UK as a parent, you will be eligible to apply for indefinite leave to remain (settlement). 

 

Parent of a British Child Visa Refusals

It is essential to submit a strong application with supporting evidence if you wish to avoid your Parent of a British Child Visa being refused. Whilst the reasons for refusal are specific to every application, some common reasons for refusal include:

  • Failing to meet the eligibility criteria. When applying for a Parent Visa, it is important that you meet all of the eligibility criteria, failure to meet the requirements can lead to refusal.

  • Providing insufficient evidence. When applying for a Parent Visa, it is important that you provide adequate evidence which demonstrates that you meet the eligibility criteria, failure to do so may result in refusal.

If your Parent of a British Child Visa is refused, then the Home Office decision letter will explain whether you have the right to appeal against the refusal.

Appeals are typically only available where there are human rights grounds under Article 8 of the European Convention on Human Rights (ECHR). As an application for entry clearance as a parent involves family life this gives it the right to appeal.

The process for appealing is explained in the decision letter received from the Home Office. The first step will be to complete an appeal form and lodge this within 28 days (if outside of the UK) of receiving your decision.

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Enquire now about the Parent Visa

Our expert immigration lawyers are able to assist you at any stage of your parent visa application. To find out more about how we can help you, fill out the form below and one of our immigration advisors will get back to you shortly.

Parent Visa: FAQs

How long does a UK Parent Visa take to process?

At present, UK Parent Visa applications made outside of the UK are taking around 24 weeks to process. For up-to-date processing times visit the UK visa processing time guidance.

How long can I stay in the UK with a UK Parent Visa?

The UK Parent Visa only allows individuals to stay in the UK for 33 months. However, individuals may be eligible to extend their visa to stay in the UK for longer.

Can I extend my UK Parent Visa?

Yes, individuals are able to extend their UK Parent Visa if they wish to remain in the UK. After 5 years of living in the UK, individuals will also become eligible to apply for Indefinite Leave to Remain, and later, British Citizenship.

What is meant by 'direct access' and 'sole responsibility'?

Direct access refers to whether you are directly able to access your child in-person and not through letters, telephone calls, emails, texts etc.

Sole responsibility refers to whether or not you have influence over your child’s upbringing and whether you have day-to-day responsibility for the child.

How much does a UK Parent Visa application cost?

A UK Parent Visa application made from inside of the UK will cost £1,048, unless the initial application is made to regularise status by an individual who is liable to detention or on immigration bail, to which the cost would be £1258. Whereas, applications made from outside of the UK will cost £1,846. 

- Correct at the time of writing (5th October 2023).

What can I do in the UK with a parent visa?

Applicants with a Parent Visa are able to come to the UK to join their child. Individuals are able to work and live in the UK but are not permitted to claim welfare benefits during the duration of their stay.

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