This guidance relates to parent of a British child UK visa requirements under Appendix FM for entry clearance, leave to remain and ILR applications.

Parent of a British Child Visa Guidance 2020

The UK parent of a British child visa under Appendix FM is only for a parent who has sole responsibility for or direct access to the child following the breakdown of the relationship with the child’s other parent. Accordingly, the route is for applicants who:

  1. have sole parental responsibility for a British child
  2. do not live with the child and the child lives with the other parent or carer in the UK. However, the applicant has direct access (in person) to the child, as agreed with the other parent or carer with whom the child normally lives or as ordered by a court
  3. in case of a leave to remain application, is a parent with whom the child normally lives, rather than the child’s other parent who is a British Citizen or settled in the UK

Parent of a British Child Visa Requirements

Indeed, for parent of a British child visa an applicant needs to meet the following requirements:

  1. The child is under 18 year of age
  2. Definition of “parent” as per paragraph 6 of the Immigration Rules
  3. Prove relationship with the child as claimed
  4. The child is living and settled in the UK
  5. Establishing relationship with the child
  6. Child’s other parent or carer is no longer the partner of the applicant
  7. Sole parental responsibility
  8. The child normally live with the applicant
  9. Direct access in person
  10. Immigration status of the applicant
  11. Adequate maintenance and accommodation
  12. English language
  13. Suitability

1. Age of the British Child

For an entry clearance application, an applicant must be at least 18 years of age at the date of application. However, the applicant’s child must be under 18 years of age at the time of the application.

What if the child turned 18 after lodging an application?

Perhaps, in terms of paragraph 27 of the Immigration Rules, the decision maker needs to decide an entry clearance application in the light of the circumstances at the time of decision. However, the only exception is where a child turned 18 after lodging an application but before the decision. Therefore, in such situations, a parent of child visa application is not refused because the applicant has turned 18.

What if the child turned 18 before leave to remain application?

For a leave to remain, if an applicant’s child has turned 18 years of age since the first grant of parent of child visa under Appendix FM, then the applicant needs to prove that the child:

  • has not formed an independent family unit or
  • is not leading an independent life as defined in paragraph 6 of the Immigration Rules
What if a child is more than 18 years of age?

If a child has turned 18 since the first grant of parent of child visa then applicant needs to prove that:

  1. the child has not formed an independent family unit or
  2. the child is not leading an independent life
Meaning of not leading an independent life

In terms of paragraph 6 of the Immigration Rules “Must not be leading an independent life” or “is not leading an independent life” means that the person does not have a partner. And is:

  • living with their parents. Perhaps, except for studying at a boarding school, college or university as part of the full-time education
  • not employed full-time (unless aged 18 years or over)
  • wholly or mainly dependent upon their parents for financial support (unless aged 18 years or over)
  • wholly or mainly dependent upon their parents for emotional support

2. A parent under the Immigration Rules

In fact, apart for a natural parent, a parent under paragraph 6 of the Immigration Rules, includes:

  1. the stepfather of a child
  2. the stepmother of a child
  3. the father or mother of an illegitimate child. Perhaps, where it is proved that person is a father/mother of an illegitimate child
  4. an adoptive parent

Moreover, in the case of a child born in the UK who is not a British citizen. A person to whom there has been a genuine transfer of parental responsibility on the grounds of the original parent’s inability to care for the child is also deemed as a parent.

3. Proof of Parentage

Quite clearly, an applicant needs to establish relationship with the child. Perhaps, the best evidence to prove relationship is the child’s birth certificate. However, at times, a parent’s name may not always be mentioned on his/her child’s birth certificate. Therefore, in such situations, an applicant needs to furnish a cogent evidence to prove the parentage. 

4. The child is living and settled in the UK

Certainly, for parent of a British child visa, an applicant needs to satisfy that the child is living in the UK. Moreover, an applicant also needs to satisfy that the child is a British citizen or settled in the UK. Please note, “Living in the UK” means that the child concerned is living in the UK at the date of application and physically present in the UK. And the applicant intends to make the UK his/her home with the child. Therefore, an applicant cannot rely on his/her relationship with a British child, who is not living or settlement in the UK.

5. Establishing Relationship with the Child

For entry clearance applications, in terms of paragraphs E-ECPT.2.3. and E-ECPT.2.4., an applicant needs to establish that he/she has:

  • the sole parental responsibility for the child
  • direct access (in person) to the child. Perhaps, as agreed with the parent or carer or as ordered by a court in the UK. Additionally, in such casas an applicant to establish that:
    • the parent or carer with whom the child normally lives is a British citizen living in the UK. Or the parent or carer is a person settled in the UK. And the parent or carer of the child is not the partner of the applicant
    • the applicant is not eligible to apply for entry clearance as a partner under Appendix FM
  • the applicant needs to prove that he/she is taking an active role in child’s upbringing. And will continue to take an active role in child’s upbringing after the grant of the parent visa UK.
How to establish relationship for leave to remain applications?

For leave to remain applications an applicant must satisfy that he/she has sole parental responsibility for the child. And the child normally lives with the applicant and not with the other parent (who is a British citizen or settled in the UK). And also the applicant is not eligible to apply for leave to remain as a partner under Appendix FM.

Moreover, the applicant has direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK- in addition in such cases:

  • the parent or carer with whom the child normally lives must be a British citizen in the UK or settled in the UK and not the partner of the applicant. Perhaps, this includes a person who has been in a relationship with the applicant for less than two years at the date of application
  • the applicant must not be eligible to apply for leave to remain as a partner under Appendix FM

Certainly, in all cases, the applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.

6. Other Parent or Carer is No Longer the Partner of the Applicant

For both entry clearance and leave to remain applications as a parent, if the child normally lives with their other British citizen or settled parent or carer, that person cannot be the partner of the applicant (which for leave to remain includes a person who has been in a relationship with the applicant for less than two years prior to the date of application) and the applicant must not be eligible to apply for entry clearance or leave to remain as a partner under Appendix FM.

Please note the UK parent of a British visa under Appendix FM  is not for couples.

7. Sole Parental Responsibility

Sole parental responsibility means that one parent has abdicated or abandoned parental responsibility. And the remaining parent is exercising sole control in setting and providing the day-to-day direction for the child’s welfare. Accordingly, to prove sole parental responsibility, an applicant may furnish evidence relating to:

  • the decisions have been taken and actions performed in relation to the upbringing of the child under the sole direction of the applicant, without the input of the other parent or any other person
  • the responsibility for the child’s welfare and for what happens to them in key areas of the child’s life and that others do not share this responsibility for the child
  • an applicant’s exclusive responsibility for:
    • making decisions regarding the child’s education, health and medical treatment, religion, residence, holidays and recreation
    • protecting the child and providing them with appropriate direction and guidance
    • the child’s property
    • the child’s legal representation
Sole Parental Responsibility is more than just a legal custody

However, it is important to note that sole parental responsibility is not the same as legal custody. Moreover, significant or even exclusive financial provision for a child does not in itself demonstrate sole parental responsibility. Perhaps, where both parents are involved in the child’s upbringing it will be rare for a person to establish sole parental responsibility. Apparently, sole parental responsibility can be recent or long-standing. However, the decision maker usually scrutinises any recent change of arrangements. And ensures that the sole responsibility is genuine and not an attempt to circumvent immigration control.

Sole Control and Sharing of day-to-day responsibility

Some day-to-day responsibility (or decision-making) for the child’s welfare may be shared with others, for example, relatives or friends, for practical reasons, as long as the applicant is ultimately responsible for the welfare of the child.

The decision-maker is not considering whether the applicant (or anyone else) has day-to-day responsibility for the child, but whether the applicant has continuing sole control and direction of the child’s upbringing, including making all the important decisions in the child’s life. If not, then they do not have sole parental responsibility for the child. The decision-maker must carefully consider each application on a case-by-case basis. The burden of proof is on the applicant to provide satisfactory evidence. In some instances, it may be appropriate to interview an applicant to establish whether they have sole responsibility for the child, or to contact the other parent (with the consent of the applicant) to confirm they have no parental responsibility.

8. The Child Normally Lives with the Applicant

This applies where both parents (one of whom is a British citizen or settled person) are no longer in a subsisting relationship but have retained shared parental rights and responsibilities, and the child’s primary custodial residence preceding the date of application, as demonstrated by a court order or consensual agreement, is with one of them.

Joint Residence Order or Shared Custody

From 13 December 2012 applicants for leave to remain in the UK can apply in this category where they have:

  • a joint residence order
  • other evidence of shared custody of a child or children in the UK

The purpose of this provision is to allow a migrant parent whose relationship with a British citizen or settled person has broken down, and who has shared or equal custody of a child here, to remain in the UK where it is in the child’s best interests for them to do so.

The fact that an applicant is simply a parent of a child in the UK is not enough to meet the requirements of the rules. Accordingly, for UK parent visa leave to remain application an applicant must satisfy that:

  • the relationship between the applicant and the other parent has broken down and is no longer subsisting
  • the applicant has joint or shared custody of the child or children
  • evidence of joint or shared custody has been provided in the form of a court order or consensual agreement with the British citizen or settled parent
  • evidence has been provided that the child normally lives with the applicant (where they are in the UK) or with their British citizen or settled parent
The primary residence of the Child

The primary residence of the child is the residence where the child spends most of their time. For example, parents may have joint custody of the child but the child may spend the majority of the time with only one of their parents, thereby having their primary residence with that parent.

In legal terms, a child can only have one primary residence. However, where a child spends equal time with either parent, for example, seven days out of 14 with both throughout the year, for the purposes of this route, the decision maker may consider the child to “normally live with” the applicant.

A child will not “normally live with” a parent whom the child occasionally lives with: for example, at weekends, during holidays or by an overnight stay once a week.

The onus is on the applicant

There is no specified evidence that the applicant has to provide in order to demonstrate whom a child normally lives with, but the onus is on the applicant to show that a child normally lives with them or with the British citizen or settled parent. Accordingly, the evidence to show that a child normally lives with a person may include correspondence from:

  • a court in the form of a court order showing joint or shared custody
  • the other parent confirming joint or shared custody
  • a doctor, hospital or dentist
  • a school or playgroup
  • the Department for Work and Pensions
  • HM Revenue & Customs
  • local authority children’s services

Moreover, the decision maker may consider other relevant evidence acceptable. However, the evidence needs to satisfy the decision maker that a child normally lives with the stated person.

When a child does not normally live with the applicant

If the applicant in the UK does not have sole parental responsibility for the child and the child does not normally live with them, they must supply evidence to show that the parent or carer with whom the child normally lives is a British citizen or settled in the UK and that the person cares for the child. Accordingly, the evidence can include:

  • a British passport
  • a foreign passport endorsed with ‘indefinite leave to remain’ or ‘no time limit’
  • a letter from the Home Office confirming that the person is settled in the UK
  • evidence that the child resides with the British citizen or settled parent

9. Direct access in person

An applicant can qualify for leave as a parent if they have direct access in-person to a child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK. The applicant must prove they have direct access to the child by submitting evidence such as:

  • a residence order or contact order granted by a court in the UK
  • a letter or sworn affidavit from the UK-resident parent or carer of the child
  • evidence from a contact centre detailing contact arrangements

The above evidence, or a reasonable equivalent, should establish that the applicant parent has direct access in-person to the child, and describe in detail the arrangements which allow for this. If a sworn affidavit is submitted, it should be certified by a lawyer.

It is not enough for the applicant to provide evidence only that they have been granted direct access to a child. The rules require the applicant to show that they have direct access in-person to the child and are taking an active role in the child’s upbringing and will continue to do so.

Evidence of Maintaining Contact

Where a parent applies for entry clearance to join a child in the UK, they must provide evidence of maintaining contact with the child and evidence that they intend to maintain contact once in the UK. The decision-maker must be satisfied that direct contact in person with the child is the main reason for the application.

10. Immigration status

The paragraphs E-LTRPT.3.1. to E-LTRPT.3.2. of Appendix FM set out the immigration status requirements. Accordingly, to qualify for leave to remain as a parent on the 5-year route to settlement the applicant must not be in the UK:

  • as a visitor
  • with valid leave granted for a period of 6 months or less, unless that leave was granted pending the outcome of family court or divorce proceedings
  • on temporary admission or temporary release
  • in breach of immigration laws (except that, where paragraph 39E of the rules applies, any current period of overstaying will be disregarded)

A visitor who has overstayed (by any period of time) cannot qualify for the 5-year route.

11. Maintenance and Accommodation

To qualify for entry clearance or leave to remain as a parent on the 5-year route to settlement the applicant must meet the financial requirements in terms of paragraph E-ECPT.3.1. and LTRPT.4.1. for entry clearance and leave to remain applications. In order to meet the financial requirements, the applicant must provide evidence that they will be able to adequately maintain and accommodate themselves and any dependants in the UK without recourse to public funds.

Accommodation

To qualify for entry clearance or leave to remain as a parent on the 5-year route to settlement the applicant must meet the accommodation requirement in terms of E-ECPT.3.2. and E-LTRPT.4.2. Appendix FM for entry clearance and leave to remain applications, respectively. Accordingly, an applicant needs to provide evidence of adequate accommodation, without recourse to public funds. Including other family members, not included in the application but who live in the same household, which the family own or occupy exclusively. Moreover, accommodation will not be regarded as adequate if it is, or will be, overcrowded and contravenes public health regulations.

12. English Language

In terms of paragraphs E-ECPT.4.1. to E-ECPT.4.2 or E-LTRPT.5.1. and E-LTRPT.5.2 of Appendix FM for entry clearance or leave to remain application, respectively, as a parent on the 5-year route to settlement the applicant must meet the English language requirement.

For the initial 30 months application for UK parent visa application, under the 5-year route to settlement, an applicant needs to demonstrate a minimum English Language proficiency level of A1. Moreover, for the subsequent 30 months leave to remain application required level of English Language is A2 of the Common European Framework of Reference for Languages (CEFR). And also Moreover, from 28 October 2013, all applicants for settlement are required to present a speaking and listening qualification at CEFR level B1 or above and pass the Life in the UK test. Apparently, the requirement attracts a number of exemptions relatingto age, disability, exceptional circumstances. Certainly, a National of Majority English Speaking Country and an applicant who has a degree taught in English are also exempt from English Test requirement.

How to meet the English Language Requirements?

Certainly, an applicant needs to provide evidence as specified in paragraphs 27 to 32D of Appendix FM-SE. Accordingly, an applicant can meet the English language requirement for UK parent visa entry clearance application in one of the following ways by:

  • being a national of a majority English speaking country as per paragraph GEN.1.6. of Appendix FM, Immigration Rules
  • passing an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages (CEFR) with a provider approved by the Home Office
  • having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or if awarded outside the UK, is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and UK NARIC has confirmed that the degree was taught or researched in English to level A1 of the CEFR or above
  • qualifying for an exemption
Leave to Remain

From 1 May 2017, in terms of paragraph E-LTRPT.5.1A. a applicant applying to extend their stay after two and a half years in the UK as a parent on the 5-year route to settlement, who met the English language requirement in his/her previous application by passing an approved test, needs to provide evidence as specified in paragraphs 27 to 32D of Appendix FM-SE to meet the requirement by:

  • being a national of a majority English speaking country listed in paragraph GEN.1.6.
  • passing an English language test in speaking and listening at a minimum of level A2 of the CEFR with a provider approved by the Home Office
  • having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and UK NARIC has confirmed that the degree was taught or researched in English to level A2 of the CEFR or above
  • qualifying for an exemption
Exemption

An applicant for leave to remain who was exempt from the language requirement at the entry clearance or initial leave to remain stage has to meet the requirement at paragraphs E-LTRPT.5.1. to 5.2. when he/she applies for further leave to remain in the UK under the 5-year route to settlement, unless the applicant again qualifies for an exemption, on the same or a different basis.

ILR

In terms of paragraph E-ILRPT.1.5. of Appendix FM, in order to qualify for ILR (settlement) as a parent on the 5-year route to settlement an applicant needs to have sufficient knowledge of language and life (KoLL) in the UK in accordance with Appendix KoLL. However, if the applicant cannot meet the requirements in accordance with Appendix KoLL, he/she can only get a limited leave to remain- refer to paragraph D-ILRPT.1.2, provided the applicant, meets all the other requirements.

Moreover, from 28 October 2013, all applicants for settlement needs to provide evidence of speaking and listening qualification at CEFR level B1 or above. And also needs to pass the Life in the UK test.

13. Suitability

The parent of a British child visa can be refused on the following suitablity grounds:

  1. The applicant has remained in breach of the immigration laws
  2. Presence of the applicant is not in-conducive to the public good
  3. Deportation order
  4. Criminality
  5. Conduct, character and associations, non-compliance or other reasons
  6. Medical grounds
  7. Left or removed as a condition of a caution
  8. False representations
  9. Failure to disclose material facts
  10. Lack of maintenance and accommodation undertaking
  11. Deception was used in a previous application
  12. Deception was used in a previous application for a document to prove right to reside
  13. Failure to pay outstanding litigation costs awarded to the Home Office
  14. Failure to pay outstanding bills of NHS of at-least GBP 500 or more

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Guidance Notes

Quite clearly, the UK parent of child visa route is not for couples, who are in a continuing genuine and subsisting relationship. In fact, applicants in a genuine relationship needs to apply under the partner route or under the private life route. Therefore, a person cannot apply for a parent of a child visa if he/she is eligible under the partner route. Perhaps, this also include where the applicant is in a relationship, but the couple has not started living together for two years.

1. Entry Clearance

The requirements for parent of a British child visa under paragraph EC-PT.1.1. are that the applicant:

  1. is outside the UK
  2. has made a valid application for entry clearance as a parent of a child under Appendix FM
  3. does not fall for refusal under any of the grounds in Section S-EC: Suitability for entry clearance
  4. meets all of the eligibility requirements of Section E-ECPT for entry clearance as a parent i.e.
    • Relationship requirements from E-ECPT.2.1. to E.ECPT.2.4 of Appendix FM
    • Financial requirements from E-ECPT.3.1. to E.ECPT.3.2 of Appendix FM
    • English Language requirements from E-ECPT.4.1. to E.ECPT.4.2. of Appendix FM
5-year route

Accordingly, if an applicant meets all the parent of British child visa requirements then in terms of paragraph D-ECPT.1.1. gets a limited leave for 30 months. In fact, an applicant usually gets a leave for 33 months with no recourse to public funds. Perhaps, the extra 3-months are for making travel arrangements. Moreover, any dependent child who is applying at the same time also gets an entry clearance under paragraph D-ECC.1.1.

10-year Route

In terms of paragraph D-ECPT.1.2. of Appendix FM, if an applicant meets the requirements for entry clearance as a parent under the 10-year route then gets a parent of British Child visa for an initial period of no more than 33 months, which is usually subject to a condition of no recourse to public funds. Moreover, any dependent child who is applying at the same time may also get entry clearance under paragraph D-ECC.1.1. However, if a parent is granted entry clearance under paragraph GEN.3.2., then the dependant does not need to meet the requirements of paragraphs E-ECC.2.1. to E-ECC.2.4.

Endoresement

For entry clearance as a parent on a 5-year route under paragraph D-ECPT.1.1. the endorsement on the vignette includes the phrase: (Standard). However, in case of an entry clearance under 10-year route (D-ECPT.1.2). because of exceptional circumstances the endorsement on the vignette includes the phrase: (Non-Standard 2)

Refusal Letter

If an applicant fails to meet the parent of a British child visa requirements and there are no exceptional circumstances then the application is refused under paragraph D-ECPT.1.3. of Appendix FM with reference to the relevant suitability and/or eligibility requirements. Accordingly, a parent of a British child visa entry clearance refusal letter (notice) starts with the following lines:

On 23/05/2018 you made an application for entry clearance to the UK under Appendix FM to the Immigration Rules on the basis of your family life with your child Gary Winston Linekar and child(ren) – Julia Roberts and Andy Roberts.

Your application has been considered under those rules, and with reference to Article 8 of the European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed on gov.uk here: Immigration Rules – Guidance – GOV.UK.

This decision takes into account as a primary consideration the best interests of any relevant child in line with section 55 of the Borders, Citizenship and Immigration Act 2009.

We have considered your application under paragraph EC-PT.1.1. of Appendix FM. However, you do not qualify for entry clearance under the 5-year parent route for the following reasons:

Refusal Reasons

Accordingly, the refusal letter (notice) elaborates where the applicant has failed to meet the requirements under the 5-year route. Moreover, also includes a reference to exceptional circumstances under the 10-year route. And also mentions the rights of appeal and usually concludes with the following paragraph:

In light of the above, your application is refused under paragraph D-ECPT.1.3. of Appendix FM with reference to paragraph EC-PT.1.1.(a), (b), (c) and (d) and you do not qualify for entry clearance on the 5-year parent route, or on the 10-year parent route on the basis of exceptional circumstances, under Appendix FM.

Compassionate grounds

Moreover, if an applicant has raised compassionate grounds in the application then the refusal letter may also include:

“You do not fall for a grant of entry clearance outside the Immigration Rules on the basis of compassionate factors for the following reasons:”

2. Leave to remain (or Extension)

Indeed, for leave to remain (or extension) application both applicant and British child needs to be in the UK. Accordingly, in terms of paragraph R-LTRPT.1.1. of Appendix FM an applicant must:

  • make a valid application for limited leave to remain or ILR as a parent
  • not fall for refusal under Section S-LTR of Appendix FM relating to suitability for leave to remain
  • meet all of the eligibility requirements under Section E-LTRPT i.e.
    • Relationship requirements from E-LTRPT.2.2. to E-LTRPT.2.4
    • Immigration status requirement from E-LTRPT.3.1. to E-LTRPT.3.2
    • Financial requirements from E-LTRPT.4.1. to E-LTRPT.4.2
    • English Language requirement from E-LTRPT.5.1. to E-LTRPT.5.2
Extension

Indeed, an applicant needs to make a leave to remain application after completing 30 months on parent of a British child visa. Moreover, needs to apply no more than 28 days before the extant leave is due to expire, or no more than 28 days before completing 30 months on parent of a British child visa.

Furthermore, an applicant under the 10-year route needs to make a leave to remain application after 30 months. Accordingly, needs to an application no more than 28 days before extant leave is due to expire, or no more than 28 days before completing 30 months.

Refusal Letter

If an applicant is not able to satisfy the requirements and there are no exceptional circumstances then the parent of a British child visa is refused under paragraph D-LTRPT.1.3. Accordingly, the refusal letter (notice) usually starts with the following lines:

On 25/07/208 you made an application for leave to remain in the UK under Appendix FM to the Immigration Rules on the basis of your family life with your child Henry Plantagenet.

Your application has been considered under those Rules, with reference to Article 8 of the European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed on gov.uk here: Immigration Rules – Guidance – GOV.UK.

This decision takes into account as a primary consideration the best interests of any relevant child in line with the Secretary of State’s duty under section 55 of the Borders, Citizenship and Immigration Act 2009.

Refusal Reasons

The refusal letter also states where the applicant has failed to meet the requirements of the Immigration Rules. Moreover, includes a reference to exceptional circumstances under the 10-year route and rights of appeal.

In light of the above, your application is refused under paragraph D-LTRPT.1.3. with reference to paragraph R-LTRPT.1.1.(a), (b), (c)(i) and (ii), and (d)(i), (ii) and (iii) of Appendix FM, and under paragraph 276CE with reference to paragraph 276ADE(1) of the Immigration Rules. Accordingly, you do not qualify for leave under the 5-year or 10-year parent routes of Appendix FM, or the 10-year private life route of Part 7 of the Immigration Rules.

3. ILR

Indeed, a migrant on parent of a British child visa can apply for ILR after completing 60-months continuous period under the route. However, a migrant can only apply for ILR as parent of British child visa qualifies under the 10-year route after 120 months. Accordingly, as per Section R-ILRPT.1.1 an applicant:

  1. needs to make a valid in-country application
  2. must not fall for refusal under any of the suitability grounds as per Section S-ILR of Appendix FM
  3. must meet all of the eligibility requirements of Sections E-LTRPT and E-ILRPT

If an applicant meets the requirements of R-ILRPT.1.1. (a) to (e) then usually gets an indefinite leave to remain under D-ILRPT.1.1.

Limited Leave to remain following a refusal of ILR

Nevertheless, a migrant, intead of ILR, may get a 30-month limited leave if the application fails due to:

  • criminality under paragraph (S-ILR.1.5.) or S-ILR.1.6 of Appendix FM
  • sufficient knowledge of the language and life in the UK as per Appendix KoLL

Moreover, the limited leave to remain is subject to a condition of no recourse to public funds. And the applicant also needs to pay the Immigration Health Surcharge under the Immigration (Health Charge) Order 2014. Accordingly, as per paragraph D-ILRPT.1.3., if an applicant meets the requirements for leave to remain as a parent under the 10-year route, then gets a leave to remain for a period not exceeding 30 months as a parent under paragraph D-LTRPT.1.2. of Appendix FM.

Furthermore, under paragraph GEN.1.11A, this grant of leave will normally be subjected to a condition of no recourse to public funds, unless the applicant has provided satisfactory evidence that he/she is destitute, or satisfactory evidence that there are particularly compelling reasons relating to the welfare of a child due to very low income.

Refusal

If an applicant does not meet the ILR requirements (D-ILRPT.1.1) or for limited leave (D-ILRPT.1.2. or D-ILRPT.1.3) and there are no exceptional circumstances, then the parent of a British child visa application is refused.

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