Parent of a British child

For a consultation about the parent of a British child application call our immigration Solicitors at Connaught Law on 0203 909 8399 or contact us online.

You can apply to come to remain in or become permanently settled in the UK if you have a child who is either a British Citizen or is settled in the UK.

An applicant seeking leave to remain must:

  • be in the UK
  • have made a valid application for leave to remain as a partner
  • not fail the suitability requirement
  • meet the relationship requirement
  • not be in the UK as a visitor, with valid leave granted for less than six months or on temporary admission
  • not be in breach of the Immigration Rules, although you can disregard a period of overstaying of less than 28 days
  • provide specified evidence to show they can maintain and accommodate themselves and any dependants without recourse to public funds
  • meet the English language requirement.

Relationship Requirement

The child of the applicant must be:

  • under the age of 18 at the date of application
  • living in the UK
  • a British citizen or settled in the UK.

The applicant must have sole parental responsibility for the child, or be the parent or carer the child normally lives with and must be:

  • a British citizen or settled in the UK
  • not the applicant’s partner
  • ineligible for leave to remain as a partner under Appendix FM.

The applicant must provide specified evidence he/she:

  • either has the sole parental responsibility for or access rights to the child
  • is taking, and intend to continue to take, an active role in the child’s upbringing.

Evidence Of Access Rights To The Child

Under the Immigration Rules the applicant must prove they have access rights to the child by submitting either:

  • a residence order or a contact order granted by a court in the UK, or
  • a sworn affidavit from the UK resident parent or carer of the child, the affidavit must:
    • confirm the parent applying can have access to the child
    • describe in detail the arrangements to allow for this, If contact is supervised, the supervisor must swear the statement, and
    • be sworn before, and certified by a legal officer.

If the applicant does not have sole parental responsibility for the chid, they must supply evidence to show the parent or carer who the child normally lives with is a British citizen or settled in the UK.
Evidence can include:

  • a British passport
  • a foreign passport endorsed with ‘indefinite leave to remain’ or ‘no time limit’
  • letters from the UK Border Agency confirming that the person is resident in the UK.

Maintenance and accommodation requirement

Appendix FM of the Immigration Rules say the applicant must provide evidence:

  • To show they can maintain and accommodate themselves and any dependants in the UK without recourse to the public funds. And
  • There will be adequate accommodation in the UK, for themselves and/or family, without recourse to public funds.. This includes any family members not included in the application, but who live in the same household.

Accommodation will not be adequate if:

  • it is overcrowded
  • it contravenes public health regulations.

English Language Requirement

The applicant must provide specified evidence that he/she:

  1. is a national of a majority English speaking country; or
  2. has passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the UK Border Agency; or
  3. has an academic qualification recognised by NARIC UK to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
  4. is exempt from the English language requirement because at the date of application:
    • the applicant is aged 65 or over;
    • the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
    • there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.

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