This guidance relates to parent of a British child visa requirements under Appendix FM on the basis of family life. Accordingly, the post explains: who can apply for a visa application a parent of child in the UK. And covers the details of entry clearance, leave to remain and ILR requirements under the Immigration Rules.

Parent of a British Child Visa Requirements

The UK parent of a child visa route 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 parent or carer with whom the child normally lives or as ordered by a court
  3. in case of a leave to remain application, are the parent with whom the child normally lives, rather than the child’s other parent who is a British Citizen or settled in the UK

Is UK parent of a child visa under Appendix FM for couples?

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.

How to prove relationship for parent of a child visa?

Perhaps, the best evidence to prove relationship is the child’s birth certificate. However, an applicant can also submit other forms of evidence to prove relationship with a under 18 child.

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.

Who is 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.

How to get a UK visa as parent of a British child?

In fact, under the 5-year parent route, an applicant needs to meet all of the suitability and eligibility requirements. Accordingly, the requirements for entry clearance as a parent under paragraph EC-PT.1.1. of Appendix FM 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
    • 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

Accordingly, if an applicant needs the requirements then gets a limited leave for 30 months. In fact, an applicant usually gets an entry clearance leave for 33 months with no recourse to public funds. Perhaps, the extra 3-months are for making travel arrangement.

How to get a leave to remain as parent of a British child?

The paragraph R-LTRPT.1.1. of Appendix FM provides the details of leave to remain requirements as parent of a child visa. Accordingly, for leave to remain application under the 5-year route both applicant and child needs to be in the UK. And the 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 in the UK
  • 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

When an applicant can apply for a further leave to remain?

A person in the UK on parent of child visa can apply for a further leave to remain:

  • no more than 28 days before their extant leave expires or
  • no more than 28 days before completing 30 months in the UK on parent of a child visa

And the remaining extant leave up to 28 days will be added to the further leave to remain.

How to get an ILR as parent of a child under Appendix FM?

A person on parent of child visa can apply for ILR after completing 60-months continuous period.

Apparently, Section R-ILRPT.1.1 of Appendix FM, sets out the requirements to get ILR as parent of a child visa. Accordingly, a person needs to make a valid in-country application for ILR (settlement) as a parent. And must not fall for refusal under any of the Suitability grounds under Section S-ILR of Appendix FM. And also must meet all of the eligibility requirements of Sections E-LTRPT and E-ILRPT.

However, if the applicant does not meet the requirements. And there are no exceptional circumstances then the Home Office refuses the application.

Parent of a British Child Visa Requirements

Apparently, for parent of a British child visa an applicant needs to meet the following suitability and eligibility requirements:

  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. This requirement is only for in-country leave to remain parent of a child visa application.
  5. Other parent or carer is a British citizen or a settled person in the UK. This requirement is for applications on the 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. The 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. This means that the 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. The applicant does meet the immigration status requirement. This requirement is only for in-country leave to remain UK parent visa applications

Suitability Requirements for Parent of a British Child Visa

  1. The applicant has not remained in breach of the immigration laws. This only applies to in-country leave to remain UK parent visa applications
  2. Presence of an applicant in the UK is not in-conducive to the public good. For UK parent visa entry clearance application only
  3. The applicant does not fail on the basis of:
    • a deportation order
    • criminality
    • conduct
    • character and associations
    • non-compliance or
    • other reasons
  4. Does not fail on the basis of medical reasons (for UK parent visa entry clearance application only)
  5. Applicant neither left nor was removed as a condition of a caution issued. However, this is only applicable to the UK parent visa entry clearance application
  6. Does not fail on the basis of false representations
  7. The applicant does not fail on the basis of failure to disclose material facts
  8. The application does not fail on the basis of lack of maintenance and accommodation undertaking
  9. Does not fail on the basis that deception was used in a previous application. This requirement is only for in-country leave to remain parent of child visa applications.
  10. The applicant does not fail on the basis that deception was used in a previous application for a document to prove right to reside. This requirement is for in-country leave to remain UK parent visa application only.
  11. The application does not fall for refusals due to failure to pay outstanding litigation costs awarded to the Home Office
  12. No failure on part of the applicant to pay outstanding bills of NHS of at-least GBP 500 or more

Details of Eligibility Requirements for parent of a child visa UK

The following sections provides the details of UK parent visa requirements under Appendix FM of the Immigration Rules. Accordingly, for an entry clearance applicant an applicant needs to meet eligibility requirements of paragraph E-ECPT. And for leave to remain an applicant must meet requirements of E-LTRPT.

Proof of Parentage for Parent of a British Child Visa

Quite clearly, an applicant needs to establish relationship with the child. 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.

Age Requirements for Parent of British Child Visa

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.

The child is living and settled in the UK

Certainly, for parent of a 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.

Meaning of a child 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 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.

How to establish 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

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.

The meaning of 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 for UK Parent Visa

Perhaps, to prove sole parental responsibility for a child, 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

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.

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 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.

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

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 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 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.

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 needs to provide evidence of adequate accommodation, without recourse to public funds, for the family. Including other family members, 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 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.

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 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

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.

Granting leave to remain following a refusal of ILR

The decision maker usually grants a limited leave to remain as a parent for a period not exceeding 30 months if an applicant fails to meet the following requirements:

  • 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 requirement in accordance with 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.

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 a decision maker grants 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, if the decision maker grants UK parent visa 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, then the decision maker usually consider the application 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.

Entry clearance application

Apparently, a decision maker refuses a UK parent visa entry clearance application if an applicant fails to meet the relevant requirements. And also if there are no exceptional circumstances. Therefore, if a decision maker refuses a UK parent visa entry clearance application 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 the decision maker considers it 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 a 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:”

Leave to remain application

Certainly, a decision-maker refuses a UK parent visa application 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 decision-maker considers an application under the 10-year parent route on the basis of exceptional circumstances. And also under the 10-year family or private life routes.

However, if a decision-maker refuses a UK parent visa leave to remain application under paragraph D-LTRPT.1.3., then the refusal letter indicates the reasons for refusal with reference to the relevant suitability and/or eligibility paragraphs of Appendix FM. And also explains why the applicant is not able to meet the requirements under the 10-year route. And also 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 a 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.”

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.