PHONE NUMBER

+44 7853 844688

EMAIL ADDRESS​

info@kqsolicitors.com

Apply as a Parent of a British Child: Visa Process and Documentation

Apply as a Parent of a British Child: Visa Process and Documentation

Are you a parent of a British child and looking to start the application process for your visa? Do you want to apply as a parent of a British child? Applying as a parent of a British Child can be complex. But don’t worry. In this blog post, we gonna share in detail the process of applying for a visa as the parent of a British child. Let’s break it down into simple steps and determine what type of documentation you need while submitting your application.

How to Apply as a Parent of a British Child for a Visa?

You can apply for a visa by following the steps. These steps are:

Determine Eligibility:

To apply for a parent visa for the UK, you must have a child who is a British citizen or who holds settled status. It’s essential to ensure that you meet the eligibility criteria before proceeding with the application process.

Gather Required Documents

The UK Immigration Rules require you to provide certain documents for your parent visa application. These may include your:

  • child’s birth certificate
  • your relationship with your child
  • your financial capacity to support yourself and your dependants
  • proof of accommodation
  • evidence of your English language proficiency

Complete the Application For

You will need to fill out the appropriate application form for a parent visa. You will find this form on the UK government’s official website. Ensure you complete the form accurately and provide all the necessary information and documents.

Apply

Once you have gathered all the documents and completed the application form, submit your parent visa application. You can submit it online. Besides you can also submit it by mail to the designated immigration authority. Be sure to pay the relevant application fee and follow the submission instructions carefully.

Attend Biometrics Appointment and Interview

Depending on your circumstances, you will need to attend a biometrics appointment to provide your fingerprints and photograph. You may also be called for an interview to assess your application further.

Wait for a Decision

After submitting your application, you will need to wait for a decision from the UK immigration authorities. The processing time may vary, so patience is essential during this period.

Receive a Decision

Once a decision has been made on your parent visa application, you will be notified in writing. If your application is approved, you will be issued a parent visa, allowing you to join your child in the UK.

What are the Visa Requirements for Applying as a Parent of a British Child?

Following are requirements of a visa that applicants will need to fulfil.

Evidence Required for Parent Visa Application

When applying for a Parent visa under the specified requirements, it is crucial to provide appropriate evidence to support the application. The evidence that must be submitted is listed below: 

Relationship Prerequisite

  • The applicant’s kid must be under 18 at the time of application. 
  • The kid must be a British national
  • The candidate must be the child’s primary carer or have independent parental responsibility for the child. 
  • You must prove that you are actively involved in your child’s upbringing and intend to continue doing so while in the UK. 

The Proof of Direct Contact with the Child

  • The person applying has to submit proof of the child’s access rights. You can demonstrate this by obtaining a residence or contact order from a UK court. 

Evidence of Parental Citizenship

  • If the applicant does not have independent parental accountability for the child, the evidence must be provided demonstrating that the child’s other parent or carer is a British national. 
  • You can prove this by presenting a British passport, a foreign passport stamped with ‘indefinite leave to remain,’ or letters from the UK Border Agency confirming their residency in the UK. 

Maintenance and Accommodation Requirement

  • The applicant must show that they can financially support and accommodate their own.
  • You must prove that you can support yourself without relying on government assistance. This may involve providing bank statements, employment contracts, or other evidence of your income and financial stability.
  • Adequate accommodation must be demonstrated, which should be manageable and must comply with public health regulations.

It is crucial to ensure that you must provide all the required evidence to support the Parent visa application to increase the chances of a successful outcome.

How Can I Establish Sole Responsibility for My Child?

Parents who wish to prove “sole responsibility” for their child in the context of a British settled parent living in the UK can provide evidence. It entails maintaining authority and guidance over the kid’s development, including making all important decisions in the child’s life. 

This definition of “sole responsibility” is not limited to the child’s day-to-day care. But focuses on the parent’s overarching role in the child’s life.

What is Direct Access?

Direct Access refers to the ability to establish contact or communication with a child without the need for intermediaries. In situations where an individual does not have sole custody or guardianship of a child, they must provide evidence of direct access.

You can prove this through an agreement as the child’s parent, primary caregiver by the Courts. Legal representation intervention may not always be necessary. As individuals can make their contact arrangements in writing without involving lawyers or going to court. So, the key is to ensure that the evidence of direct access is documented in a clear and valid manner.

What Documentation Should I Include When Submit an Application?

When submitting an application, whether for sole or shared responsibility of a child, it is crucial to provide evidence that showcases your active and ongoing involvement in the child’s upbringing. This evidence can take various forms, such as:

  • Financial support
  • Documentation of visitation
  • Participation in school meetings
  • Shared photographs
  • Testimonials from relatives and friends

The key is to present a comprehensive and compelling picture of your commitment to the child’s well-being and development. By substantiating your role through tangible evidence, you can strengthen your application. Also, can demonstrate your genuine dedication to being actively involved in the child’s life.

Why my Parent of a British Child Visa Application Refused?

When applying for a visa in the UK, it’s essential to meet the eligibility requirements, including relationship, maintenance, and English language skills.

However, there are several suitability grounds that can result in the refusal of your visa application. Here are some of the top reasons for refusal:

  • Breach of Immigration Laws: If you have previously violated immigration laws, such as overstaying or working without authorization. So, your visa application may be refused.
  • Deportation Order: If you have a deportation order against you, your visa application will likely be refused.
  • Criminality: If you have a criminal record, including convictions for serious offenses.
  • Conduct, Character, and Associations: If your conduct, character, or associations are found to be detrimental to the UK’s interests
  • Medical Grounds: If you have a serious medical condition that poses a burden on the UK’s healthcare system.
  • False Representations: If you have provided false information or documents in your visa application.
  • Failure to Disclose Material Facts: If you fail to disclose material facts, such as previous immigration history or criminal convictions.
  • Lack of Maintenance and Accommodation Undertaking: If you fail to provide evidence of adequate financial resources and accommodation to support yourself and your child in the UK.
  • Previous Deception: If you have previously used deception in a visa application or document to prove your right to reside.

If your visa application is refused, the refusal letter (notice) will specify the reasons for refusal, particularly under the 5-year route. It may also mention exceptional circumstances under the 10-year route and your rights of appeal. It’s crucial to carefully review the reasons for refusal and seek legal advice, before deciding on your next steps.

 

FAQs

Can I apply for a visa as a parent of a British child if I am living outside the UK?

Yes, you can apply for a visa as a parent of a British child even if you are living outside the UK. However, you will need to meet the same eligibility requirements and provide the necessary documents as if you were applying from within the UK.

Can I apply as a parent of a British child if my child lives with their other parent in the UK?

Yes, you can apply as a parent of a British child even if your child lives with their other parent. However, you may need to show evidence of your relationship with your kid and demonstrate that you have access and involvement in your child’s life.

What if I do not have legal custody or guardianship of my British child? Can I still apply for a visa as their parent?

If you do not have legal custody or guardianship of your British child, you can still apply for a visa as their parent. However, you may need to provide evidence of your relationship with child, and the decision may be subject to further scrutiny.

Can I include my other children who are not British citizens in my application as a parent of a British child?

No, you can only include your child who is a British citizen in your application. Your other children who are not British citizens will need to apply for their own visas separately, based on their individual circumstances.

What if my child’s other parent is not a British citizen or settled in the UK? Can I still apply as their parent?

Yes, you can still apply. However, you may need to provide evidence of your relationship with your child.

What happens if my application as a parent of a British child is refused? Can I appeal the decision?

If your application is refused, you can appeal the decision. But it depends on the grounds of refusal. It is important to follow the appeal process and provide relevant evidence to support your case.

Can I switch a visa category while I am in the UK as a parent of a British child?

Yes, you can switch a visa category as a parent of a British child. Hence it depends on your individual circumstances and eligibility for other visa categories. It is advisable to seek professional immigration advice before making any changes to your visa status.

Can I apply for a visa if I have a criminal record?

Yes, you can apply but it may affect your visa application. It is important to provide full and accurate information about your history. The decision will be made based on the UK immigration rules and policies. It is advisable to seek professional immigration advice in such cases.

What are the general requirements for applying for a parent visa?

The general requirements for applying for a visa include providing proof of relationship with the child, evidence of the child’s immigration status in the UK, financial ability to support the child and oneself, and meeting the English language requirement.

How long does it take to process a Parent of British Child visa application?

Processing times for a visa application may vary and depend on several factors. But it usually takes 8 weeks.

Conclusion

So, we discussed how you can apply as a parent of a British child for a visa. The process of applying for a visa as the parent of a British child can be complex. But overall, it is possible if you meet the eligibility criteria and make sure to have all the needed paperwork in order. Remember that it’s essential to ensure that you have all the documents at hand before submitting your application. Though there are several steps in the entire process, following these steps can help you get on your way quickly and easily.

Expert No Win No Fee Divorce Solicitors In the UK
A Consumer’s Guide to Navigating Complaints Against Solicitors
5 Tips on How to Get the Tier 2 Dependent Visa

Share This Post:

Leave a Comment

Our Head Solicitor
Khurram Amir Qureshi

Khurram Amir Qureshi has been an advocate of Pakistan since 2004, a Solicitor of England and Wales since 2009, Solicitor of Ireland since 2015. He has extensive experience in family law, Immigration law, Personal injury cases, and Civil and Commercial litigation gaining over 13 years of continuous practice in England and Wales.

Recent posts
Follow us on
Get Expert Advice From Our Legal Team