Parent Visa UK: Family Life as the Parent of a Child in the UK

Parent Visa UK Family Life as the Parent of a Child in the UKThis relates to entry clearance, leave to remain and ILR applications under Appendix FM, Immigration Rules as the parent of a child in the UK under the 5-year settlement route on the basis of family life. Accordingly, the post explains the eligibility requirements for applying parent visa UK. And also covers suitability, relationship, financial maintenance, accommodation and English language requirements.

Parent Visa UK: Family Life as the Parent of a Child in the UK

This section provides an overview of the Immigration Rules that provide for a person can apply for leave to enter or remain in the UK on the basis of their family life as a parent of a child in the UK. It is a route intended for a parent who has sole responsibility for or direct access to the child following the breakdown of their relationship with the child’s other parent. The route is for applicants who:

  • have sole parental responsibility for their child
  • do not live with the child (who lives with a parent or carer who is a British citizen or settled here), but they have 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
  • (only in a leave to remain application) are the parent with whom the child normally lives, rather than the child’s other parent who is British or settled

UK parent visa under the family route is not for couples

The parent route is not for couples with a child, who are in a continuing genuine and subsisting partner relationship together. Applicants in this position must apply under the partner route where, or when, they are eligible to do so or under the private life route. An applicant cannot apply under the parent route if they are or will be eligible to apply under the partner route, including where the applicant is in a partner relationship, but the couple has not yet been living together for two years.

Proving relationship with under 18 years child for parent visa UK

The applicant must prove that the child with whom they have a relevant relationship is under the age of 18. The best evidence is the child’s birth certificate. If the applicant submits other forms of evidence, the decision maker must be satisfied that they prove the child is under the age of 18.

Above 18 years old child has not formed an independent family

If a child has turned 18 years of age since the applicant was first granted entry clearance or leave to remain as a parent under Appendix FM, the child must not have formed an independent family unit or be leading an independent life.

The meaning of not leading an independent life in the UK

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 applicant does not have a partner (as defined in paragraph GEN.1.2. of Appendix FM) and is:

  • living with their parents (except where they are at boarding school, college or university as part of their 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.

The parent has sole responsibility and direct access to child

The parent routes under Appendix FM (5-year and 10-year) provide a basis on which leave to remain can be granted to a parent who has responsibility for, or direct access in person to their child, following the breakdown of their relationship with the child’s other parent.

Definition of “parent” under paragraph 6 of the Immigration Rules

As well as including a natural parent, under paragraph 6 of the Immigration Rules, a “parent” is defined as:

  1. the stepfather of a child whose father is dead
  2. the stepmother of a child whose mother is dead
  3. the father as well as the mother of an illegitimate child where he is proved to be the father
  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 or parents inability to care for the child.

Entry clearance requirements for parent visa UK

Under the 5-year parent route, an applicant must meet all of the suitability and eligibility requirements at every application stage. The requirements to be met by an applicant for entry clearance as a parent under paragraph EC-PT.1.1. of Appendix FM are that the applicant must:

  1. be outside the UK
  2. have made a valid application for entry clearance as a parent
  3. not fall for refusal under any of the grounds in Section S-EC: Suitability for entry clearance
  4. meet 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
    • The financial requirements from E-ECPT.3.1. to E.ECPT.3.2 of Appendix FM
    • English Language requirement from E-ECPT.4.1. to E.ECPT.4.2. of Appendix FM

Under Appendix FM, limited leave will be granted in periods of 30 months (33 months for entry clearance to allow time for travel to be arranged) on a 5-year or 10-year route to settlement as appropriate and generally subject to a condition of no recourse to public funds

Leave to remain requirements for UK parent visa

Under the 5-year route, the requirements to be met by an applicant for leave to remain as a parent under paragraph R-LTRPT.1.1. of Appendix FM are that the applicant and the child must be in the UK and the applicant must:

  • have made 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 in the UK
  • meet all of the eligibility requirements under Section E-LTRPT.
    • 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

A person in the UK with entry clearance or limited leave to remain as a parent granted under Appendix FM on the basis of an application made on or after 9 July 2012 should apply for further leave to remain no more than 28 days before their extant leave expires or no more than 28 days before they have completed 30 months in the UK with such leave. Where such an applicant has extant leave under Appendix FM as a parent, up to 28 days of the extant leave remaining at the date of application will be added to any period of further leave as a parent granted under Appendix FM.

ILR (Settlement) Requirements for UK parent visa

The requirements to be met by a person seeking indefinite leave to remain (ILR) as a parent are set out in Section R-ILRPT.1.1. Accordingly, the requirements to be met for indefinite leave to remain as a parent set out in Section R-ILRPT.1.1. are that the applicant must be in the UK and have made a valid application for ILR (settlement) as a parent. Moreover, the applicant must not fall for refusal under any of the grounds in Section S-ILR Suitability for indefinite leave to remain in the UK. Furthermore, the applicant must meet all of the eligibility requirements of Sections E-LTRPT and E-ILRPT relating to leave to remain and ILR (settlement) as a parent.

An applicant on a 5-year route as a parent will be eligible to apply for indefinite leave to remain (settlement) after a continuous period of 60 months (5 years) in the UK with limited leave as a parent under that route.

If the applicant does not otherwise meet the requirements of the Immigration Rules, and there are no exceptional circumstances, the application should be refused.

Parent Visa UK Requirement Checklist under 5-year family route

Apparently, for entry clearance, leave to remain and ILR (settlement) applications as Parent of a Child in the UK under 5-year family route an applicant needs to fulfil a number a suitability and eligibility requirements. Accordingly, UK parent visa requirements checklist is as under:

  1. Applicant falls under the definition of “parent” as per paragraph 6 of the Immigration Rules
  2. Prove the relationship with the child as claimed
  3. Sole parental responsibility/ direct access to the child (for UK parent visa entry clearance application only)
  4. Sole parental responsibility/ direct access /the child does normally live with the applicant (for in-country leave to remain UK parent visa application only)
  5. Other parent or carer is a British citizen or a settled person in the UK (applications on basis of access rights only)
  6. Child’s other parent or carer is not the partner of the applicant
  7. The applicant is not eligible to apply as a partner
  8. Proof of direct access to the child
  9. Applicant does take or intend to take an active role in the child’s upbringing
  10. The child is under 18 year of age
  11. The immigration status of the child – i.e. applicant’s child is living in the UK or a British citizen or settled in the UK
  12. Meets the financial maintenance, accommodation and English language requirements
  13. Applicant does meet the immigration status requirement (for in-country leave to remain UK parent visa application only)
  14. Applicant has not remained in breach of the immigration laws (for in-country leave to remain UK parent visa application only)
  15. Presence of an applicant in the UK is conducive to the public good (for UK parent visa entry clearance application only)
  16. Applicant does not fail on basis of a deportation order, criminality, conduct, character and associations, non-compliance or other reasons
  17. Does not fail on the basis of medical reasons (for UK parent visa entry clearance application only)
  18. Applicant neither left nor was removed as a condition of a caution issued (for UK parent visa entry clearance application only)
  19. Does not fail on the basis of false representations
  20. Applicant does not fail on basis of failure to disclose material facts
  21. The application does not fail on the basis of lack of maintenance and accommodation undertaking
  22. Does not fail on the basis that deception was used in a previous application (for in-country leave to remain UK parent visa application only)
  23. Applicant does not fail on the basis that deception was used in a previous application for a document to prove right to reside (for in-country leave to remain UK parent visa application only)
  24. The application does not fall for refusals due to failure to pay outstanding litigation costs awarded to the Home Office
  25. No failure on part of the applicant to pay outstanding bills of NHS of at-least GBP 500 or more

Eligibility Requirements for UK parent Visa under 5-year route

To qualify for entry clearance or leave to remain as a parent the applicant must meet all of the eligibility requirements in E-ECPT of Appendix FM for entry clearance or in E-LTRPT for leave to remain, respectively.

Proof of parentage for UK parent visa under the family route

Perhaps, 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 cogent evidence to prove the relationship with the child in the UK.

Relationship requirements for applying for UK parent visa

Certainly, to qualify for entry clearance or leave to remain as a parent an applicant needs to meet the relationship requirements in Appendix FM.

Age requirements for UK parent visa under the family route

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.

The child turned 18: UK parent visa leave to remain applications

For a leave to remain, if an applicant’s child has turned 18 years of age since the applicant was first granted entry clearance or leave to remain as a parent under Appendix FM, the child must not have formed an independent family unit or be leading an independent life as defined in paragraph 6 of the Immigration Rules.

The child reaches the age of 18 after an application is lodged

Under paragraph 27 of the Immigration Rules, the decision maker must make a decision on an application for entry clearance in the light of the circumstances existing at the time of decision. The exception to this is where a child reaches the age of 18 after such an application has been lodged, but before it has been decided. In that situation, the application should not be refused solely because the applicant has turned 18.

The child is not leading an independent life

Where a child has turned 18 years of age since the applicant was first granted entry clearance or leave to remain as a parent under Appendix FM, then the applicant must satisfy that the child has not formed an independent family unit and is not leading an independent life, as defined in paragraph 6 of the Immigration Rules.

Applicant’s child living in the UK for the parent visa

Certainly, for entry clearance and leave to remain applications, it is important for an applicant to satisfy that his/her child is living in the UK. Moreover, an applicant also needs to satisfy that the child is either a British citizen or settled in the UK.

What is the meaning of living in the UK for the parent visa?

“Living in the UK” means that the child concerned is living in the UK at the date of application and is physically present here (in the UK) and the applicant intends to make the UK his/her home with the child after a successful outcome of the application. However, a parent cannot rely on his/her relationship with a child who is overseas to obtain leave under the family life as the parent of a child in the UK.

Relationship with the child

For entry clearance applications where the applicant is outside the UK when considering paragraphs E-ECPT.2.3. and E-ECPT.2.4., the decision maker must be satisfied that the applicant has:

  • sole parental responsibility for the child
  • 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
    • the applicant must not be eligible to apply for entry clearance as a partner under Appendix FM
  • 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

Relationship with the child for leave to remain applications

For leave to remain applications an applicant must satisfy that he/she has sole parental responsibility for the child. Moreover, the child normally lives with the applicant and not his/her other parent (who is a British citizen or settled in the UK). And also the applicant must not be 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 (which here 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

Other Parent or Carer Cannot be 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: as explained in the opening paragraphs: UK parent visa route is not for couples.

Sole parental responsibility for UK parent visa

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.

Evidence for Sole Parental Responsibility | UK Parent Visa

Perhaps, to prove sole parental responsibility for a child, an applicant may furnish evidence relating to:

  • 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
  • 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, any recent change of arrangements is usually scrutinised in the application process so as to make sure 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.

Normally lives with

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 for UK parent visa

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 child will be considered 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.

Documentary evidence to show where the child normally lives

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

However, other evidence will also be accepted, provided that it enables the decision maker to be satisfied 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 that person cares for the child.

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

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 Maintenance Contract for UK parent visa

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.

Immigration status – only for leave to remain applications

The immigration status requirements are set out in paragraphs E-LTRPT.3.1. to E-LTRPT.3.2. of Appendix FM. 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.

Financial – Maintenance

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 paragraps 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.

For guidance on the maintenance requirements, see FM1.7A – Maintenance Guidance.

Financial – 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.

The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family (including other family members who are not included in the application but who live in the same household), which the family own or occupy exclusively.

Accommodation will not be regarded as adequate if it is, or will be, overcrowded and contravenes public health regulations.

English Language Requirement for UK Parent Visa

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.

What is the English Requirement for UK parent visa?

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 relating to 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 Requirement of parent visa UK?

Certainly, an applicant needs to provide evidence as specified in paragraphs 27 to 32D of Appendix FM-SE.

Apparently, 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

Parent Visa UK: English Requirement for 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

English Language Exemption for UK parent visa application

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.

English Language Requirement for UK parent visa 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 are required to present a speaking and listening qualification at CEFR level B1 or above and pass the Life in the UK test.

Grant of UK Parent Visa under the 5-year family route

In terms of paragraph D-ECPT.1.1. Appendix FM, if an applicant meets the requirements for UK parent visa entry clearance application under the 5-year family route, then an applicant gets an entry clearance for an initial period of no more than 33 months- subject to a condition of no recourse to public funds.

When to apply for UK parent visa leave to remain application?

Certainly, an applicant will need to make an application for leave to remain after completing a period of 30 months in the UK on parent visa. Apparently, an applicant needs to apply, for UK parent visa leave to remain application, no more than 28 days before his/her extant leave is due to expire, or no more than 28 days before an applicant has completed 30 months in the UK with leave as a parent.

An applicant can apply for UK parent visa ILR after 60 months

Certainly, an applicant qualifies for an ILR (settlement) after completing 60 months in the UK with a limited leave as a parent under the 5-year route under Appendix FM of Immigration Rules.

Grant of Entry Clearance to Dependant Children | UK Parent Visa

If a parent gets entry clearance under paragraph D-ECPT.1.1. then any dependent child who is applying at the same time is likely to get an entry clearance under paragraph D-ECC.1.1. for a period and subject to conditions in line with those of his/her parent who is, or has been, granted entry clearance under the parent rules of Appendix FM.

UK Parent Visa Entry Clearance under the 10-year Route

In terms of paragraph D-ECPT.1.2. Appendix FM, if an applicant meets the requirements for entry clearance as a parent under the 10-year route, an applicant gets the entry clearance for an initial period of no more than 33 months, which is usually subject to a condition of no recourse to public funds.

Applying for leave to remain under the 10-year UK parent visa route

An applicant under the 10-year route needs to make an application for leave to remain after completing a period of 30 months in the UK on the parent visa. Moreover, an applicant can furnish an application no more than 28 days before extant leave is due to expire, or no more than 28 days before an applicant has completed 30 months in the UK with leave as a parent.

Under the 10-year route, an applicant can apply for ILR after 120 months

An applicant qualifies for ILR (settlement) under the 10-year route after completing 120 months in the UK with limited leave as a parent under Appendix FM.

Grant of Entry Clearance to Dependant Children | UK Parent Visa

If a parent gets an entry clearance under D-ECPT.1.2. then any dependent child who is applying at the same time may also get entry clearance under paragraph D-ECC.1.1. for a period and subject to conditions in line with those of his/her parent who is, or has been, granted entry clearance under the parent rules of Appendix FM. However, if an applicant’s parent is granted entry clearance following consideration under paragraph GEN.3.2., the applicant does not need to meet the requirements in paragraphs E-ECC.2.1. to E-ECC.2.4. of Appendix FM.

Granting indefinite leave to remain as a parent

Where an applicant meets the requirements of R-ILRPT.1.1. (a) to (e) they will be granted indefinite leave to remain under D-ILRPT.1.1.

Granting leave to remain following a refusal of ILR

If an applicant fails to meet all of the requirements because of criminality under paragraph (S-ILR.1.5.) or S-ILR.1.6 of Appendix FM and inability to demonstrate sufficient knowledge of the language and life in the UK requirement in accordance with Appendix KoLL then applicant only gets limited leave to remain as a parent for a period not exceeding 30 months, subject to a condition of no recourse to public funds, provided that any requirement to pay the Immigration Health Surcharge under the Immigration (Health Charge) Order 2014 is met.

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, they will be granted leave to remain for a period not exceeding 30 months as a parent under paragraph D-LTRPT.1.2. of Appendix FM.

Compelling Circumstance

Under paragraph GEN.1.11A, this grant of leave will normally be subject to a condition of no recourse to public funds, unless the applicant has provided the decision maker with satisfactory evidence that they are destitute, or satisfactory evidence that there are particularly compelling reasons relating to the welfare of a child of a parent in receipt of a very low income.

Parent Appendix FM EC-PT

Where the applicant is being granted 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)

Where the applicant is being granted entry clearance as a parent on a 10-year route under paragraph D-ECPT.1.2. because, following consideration under GEN.3.2., the decision-maker has decided that there are exceptional circumstances that would render refusal a breach of Article 8, the endorsement on the vignette includes the phrase: (Non-Standard 2)

UK Parent Visa Refusal Letter under 5-year family route

If a UK parent visa entry clearance, leave to remain or ILR application otherwise falls for refusal under the relevant Immigration Rules, it is usually considered under paragraph GEN.3.2. of Appendix FM. Accordingly, the caseworker ascertains whether there are any exceptional circumstances that may require a grant of entry clearance or leave to remain on ECHR Article 8 grounds because refusal would result in unjustifiably harsh consequences for the applicant or their family.

Refusal of UK parent visa entry clearance application

Apparently, an entry clearance as a parent is refused if an applicant is not able to satisfy all the relevant requirements of the Immigration Rules. And also if there are no exceptional circumstances.

If a UK parent visa entry clearance application is refused under paragraph D-ECPT.1.3. of Appendix FM, then the refusal letter usually refers to the relevant suitability and/or eligibility requirements under the family route. However, if an application otherwise falls for refusal under the rules, then it is mostly considered for exceptional circumstances.

UK Parent Visa Entry Clearance Refusal Letter Example

Usually, a UK parent 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:”

The refusal letter elaborates the UK parent visa refusal reasons

Accordingly, the refusal letter (notice) elaborates where the applicant has failed to meet the requirements of the Immigration Rules under the 5-year route. Moreover, also includes reference to exceptional circumstances under the 10-year route and. 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.”

Refusal of UK parent visa- in spite of compassionate grounds

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:”

Refusal of UK parent visa leave to remain application

Certainly, a UK parent visa leave to remain application entry clearance is refused if an applicant is not able to satisfy all the relevant requirements of the Immigration Rules. And also if there are no exceptional circumstances.

Considerations under 10-year family or private life routes

If an applicant fails to meet the requirements of the 5-year parent route, then the applicant is considered under the 10-year parent route on the basis of exceptional circumstances or under the 10-year family or private life routes.

However, if a UK parent visa leave to remain application is refused under paragraph D-LTRPT.1.3., the refusal letter indicates the reasons for refusal with reference to the relevant suitability and/or eligibility paragraphs. And also explains why the requirements of the 10-year routes are not met and why there are no exceptional circumstances.

UK Parent Visa Leave to Remain Refusal Letter Example

Usually, a UK parent visa leave to remain refusal letter (notice) 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.”

The refusal letter elaborates the UK parent visa refusal reasons

The refusal letter also usually states where the applicant has failed to meet the requirements of the Immigration Rules under the 5-year route. And also includes reference to exceptional circumstances under the 10-year route and appropriate paragraphs with reference to 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.”

Refusal of UK parent visa ILR application

If an applicant does not meet the UK parent visa requirements for ILR under D-ILRPT.1.1., or for further leave to remain under paragraph D-ILRPT.1.2. or D-ILRPT.1.3., and there are no exceptional circumstances, the application will be refused.

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