Access to Child – 5 Years route to settlement
Overseas parents having British or settled children living in the UK can apply to join them provided that they meet the eligibility, financial, and language requirements. The applicant applying for the parent of a British child visa under a 5-year route can apply for ILR after completing 5 years under this route.
Parent of a British Child Visa
This route is open for parents/applicants having sole responsibility for or direct access to their children following events such as separation from the other parent of the child. After the approval of the application, the parent will be granted permission to enter in the UK with their child. This permission be extended until the parent has completed the 5 years under this route.
Eligibility Requirements
The parent applying for leave to enter as a parent of a British/settled child must meet the eligibility requirements set out in Appendix FM of the Immigration Rules.
- The applicant, aged 18 or older, lives overseas and submitting the leave to enter application from outside the UK;
- The applicant must not be in a relationship with the other parent living in the UK, in other words, they must not be eligible to gain leave to remain under the partner route;
- The applicant must prove that they intend to play a key role in the child’s upbringing;
- There is no minimum income threshold or cash savings, however, the applicant must have sufficient funds to adequately accommodate and maintain themselves;
- Unless an exception applies, the applicant must meet the English level requirements, proficiency to CEFR Level A1;
- The applicant must not be refused to enter the UK on any suitability grounds.
The burden of proof rests with the applicant to prove that they have either sole responsibility or direct access to the child and are no longer in a relationship with the other parent.
Applying For Parent of a British Child Visa
To apply for a visa under this category, the process is to submit an online application by filling out the form and paying relevant application fees and Immigration Health Surcharge. After submitting the application, book an appointment at the nearest visa application center to provide biometric information and supporting documents.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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