Applying for a UK Parent Visa – What are the requirements?
What is a Parent Visa?
A Parent Visa is for those who wish to live in the UK as the parent of a child living in the UK so that they can have contact with their child. This route does not apply to those who are still in a relationship with the other parent. The route is therefore for those who have separated from the other parent but need a visa in order to be able to continue maintaining a relationship with their child in the UK
It is possible to apply for this type of visa from within or outside of the UK. This article will focus on the requirements for a parent who is applying from within the UK.
There are a number of requirements the child of the applicant and the applicant themselves must meet in order to make a strong application.
Requirements for the child of the applicant:
Age
- Your child must be under the age of 18 on the date you make the application
Residence
- Your child must live in the UK and EITHER live with you (unless they’re living away from home due to full-time education, for example at boarding school or at university) OR your child must be living with their other parent who must be British or settled in the UK or hold status under the EU Settlement Scheme.
Immigration status
Your child must either be:
- A British or Irish citizen
- Settled in the UK – for example, through Indefinite Leave to Remain (ILR), settled status or proof of permanent residence)
- Have pre-settled status under the EU Settlement Scheme
OR
- Have lived in the UK for 7 years continuously and it would not be reasonable for them to leave the UK.
Requirements for the applicant
Parental responsibility
- You must have sole responsibility for your child or they must normally live with you;
- Alternatively, if your child is not living with you, you must have direct access to your child as agreed with the other parent or as ordered by a UK court; and
- You must play an active role in your child’s upbringing.
English language
- You must prove you have a good knowledge of English. You can prove this with an academic qualification, or by taking a test
Financial requirement
- You must prove you can financially support yourself without claiming public funds – the caseworker reviewing your application uses your income and housing costs to check if you can support yourself
Accommodation
- You need to show that there is suitable accommodation without reliance on public funds
Human Rights Considerations
When applications are made by parents of children in the UK, there are likely to be strong human rights considerations relating to the right to a family life between the parent and the child. If a child is British or has lived in the UK for more than 7 years, there will usually be a starting assumption that it would not be reasonable to expect that child to leave the UK. The focus of the application will therefore be whether it would be reasonable to separate a child from their parent and very often this would not be accepted as reasonable.
In the event that the Home Office reject an application involving a parent application, there will be a right to appeal on human rights grounds. This will allow an applicant to argue that their removal would be an unlawful interference with their right to family life with their child before an immigration judge in a Tribunal.
Parents who are seeking contact through the family courts
The immigration rules do not specifically deal with the situation of a parent who is seeking to have contact with a child through the courts, but where there is no current contact ordered and there is no agreement with the other parent for contact. In this situation, the courts have recognised that it may be an interference with an applicant’s human rights if they are not allowed to remain in the UK in order to pursue those contact proceedings through the family courts. Where contact has not yet been agreed therefore it may well be possible to seek permission to remain in order to be able to pursue family court proceedings to enable future contact with a child.
Note about family court orders
These types of applications often require reliance on family court orders. Please note however that it can be considered to be in contempt of court to share family court documents with third parties without the permission of the family courts. It is therefore very sensible to ensure that if you are pursuing contact proceedings through the family courts, that you ask the Court to include within the order that you have permission to share the order with the Home Office, your immigration solicitors and barristers, and the First-tier Tribunal (Immigration and Asylum Chamber) in order to avoid any risk of being considered in contempt of court by passing those documents to others in connection with the immigration application.
How we can help you
Our Personal Immigration Team at OTB Legal is very experienced in making these types of applications. If you would like assistance with making sure you are submitting your application to maximise your prospects of success, we will be happy to assist you with making an application. Alternatively, if you have some queries on the application before you submit it yourself, you can also schedule an appointment for this.
Contact Us
Not quite ready to book an appointment yet or unsure if it’s the right step for you? No worries! We understand that making decisions regarding legal matters can be daunting.
Reach out to our Client Care Manager, Rikki, who will be more than happy to assist you and guide you in the right direction.
Your peace of mind matters to us, and we’re here to support you every step of the way. Contact Rikki today for personalised guidance and assistance.
