This relates to the parent of a Tier 4 child visa requirements in terms of Paragraph 276BT1 of the Immigration Rules.
Parent of a Tier 4 Child Guidance
One can apply for a Parent of Tier 4 child visa if his/her child is attending an independent fee-paying day school in the UK. The visa usually lasts for 6 or 12 months. Afterwards, a parent can extend the visa for 12 months at a time, as long as he/she continues to meet the eligibility requirements.
A visa for a shorter period could be granted and the applicant won’t be able to extend the visa if the child is going to:
- have his/her 12th birthday in the next 12 months; or
- finishes his/her final year at school in the next 12 months.
A parent is required to leave the United Kingdom upon expiry of the visa and can’t switch to a different visa category. If the child is staying in education in the UK without the parent then the parent has the responsibility to make necessary arrangements for the ongoing care of the child in the UK.
The parent can’t switch into a different immigration category from a ‘Parent of a Tier 4 child visa’ after the expiry of the visa.
The parent can’t:
- get public funds;
- make the main home in the UK;
- take paid work;
- study; and
- bring other dependant family member with him/her on his/her application. – they need to apply separately.
To be eligible for a Parent of a Tier 4 Child Visit Visa must:
- have enough money to support yourself and any dependants while in the UK
- maintain a second home outside the UK
- plan to leave the UK at the end of your visit
- be able to meet the cost of the return or onward journey
The child must:
- be under 12 years of age
- be studying at or about to start studying at an independent fee-paying day school in the UK
- have a Tier 4 (Child) visa or be in the category ‘students in the UK under the immigration rules in place before 31 March 2009’
The applicant is required to provide the following documents:
- a current passport or other valid travel identification
- one passport-sized colour photograph
- tuberculosis (TB) test results if he/she is from a country where it is mandatory to take the test
- a blank page on which to put the visa
The applicant needs to provide documents to prove that he/she:
- has a permanent home outside the UK;
- have money to support himself/herself and dependent children or have relatives or friends that will support in the UK;
- have booked (or can afford) travel to leave the UK at the end of the stay; and
- were not last admitted to the UK under the Approved Destination Status Agreement with China
Requirements for leave to enter or remain as the parent of a Tier 4 (child) student
276BT1 The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the parent of a Tier 4 (child) student is that the parent is over 18 years old and:Immigration Rules Part 7: Other Categories
(i) is genuinely seeking leave to enter or remain for a period of up to 12 months to be the sole carer for their child who is under 12 years of age and attending or seeking to attend an independent fee paying day school in the United Kingdom, provided the child:
a) meets the requirements of paragraph 245ZZA if seeking leave to enter as a Tier 4 (Child) Student, or
b) meets the requirements of paragraph 245ZZC if seeking leave to remain as a Tier 4 (Child) Student;
(ii) will maintain and accommodate himself, the child and any other dependants adequately out of resources available to him without recourse to public funds or taking employment;
(iii) can provide satisfactory evidence of adequate and reliable funds for maintaining a second home in the United Kingdom;
(iv) is not seeking to make the United Kingdom their main home;
(v) does not intend to take employment, to produce goods or provide services within the United Kingdom including the selling of goods or services direct to members of the public;
(vi) does not intend to study in the UK;
(vii) the parent was not last admitted to the United Kingdom under the Approved Destination Status Agreement with China;
(viii) if seeking leave to remain must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
Grant of Leave as the parent of a Tier 4 child student
276BU1 A person seeking leave to enter or remain in the United Kingdom as the parent of a Tier 4 (child) student may be admitted or allowed to remain for a period not exceeding 12 months, subject to a condition prohibiting employment, study and recourse to public funds, provided the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is satisfied that each of the requirements of paragraph 276BT1 is met.
Refusal of Leave as the parent of a Tier 4 (child) student
276BV1 Leave to enter or remain in the United Kingdom as the parent of a Tier 4 (child) student is to be refused if the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is not satisfied that each of the requirements of paragraph 276BT1 is met.