Parent of British child

Are you a Parent of a British child in the UK?

If you have Parental responsibility for your child/children and/or are named on the child’s Birth certificate and he/she is/are a British citizen or settled, you can apply to remain in the UK on the basis of being a Parent of your child to secure your stay in the United Kingdom. The Immigration rules allow to make an FLR FP parent of a British child application to the Home Office to reguarlise your status in the UK and obtain your visa and stay. 

It is important that you have the correct documents and evidence in order to apply and submit an application you may be able to apply for the right to remain in the UK on the basis of being their British Parent, as your child was born in the UK or children born in the UK and have a British passport or permanent residence. 

A situation may also arise where you are are on a Spouse visa and your relationship has come to an end and is therefore no longer in a subsisting relationship. The Home Office may have been notified and your visa is or due to be curtailed or revoked. However, if you have a child that is British citizen or settled you may be able to apply for leave to remain as a Parent of a British child/chlden. 

 

What if my child is not a British citizen, do I still qualify?

If your child is not a British citizen, but is settled in the UK with the grant of indefinite leave to remain or Permanent residence, you are still entitled to apply for leave to remain in the UK as a Parent. You may also qualify if your child was born in the UK and has lived in the UK for 7 years or 10 years under the Immigration rules. 

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What are the Requirements to qualify and apply?

The Home Office must be satisfied that you meet the following for you to apply and live in the UK to care for your child

  • Your child is under 18
  • Your child is living in the UK
  • They are a British or Irish citizen or
  • They are settled in the UK with ILR or proof of permanent residence or
  • they’re from the EU, Switzerland, Norway, Iceland or Liechtenstein and have Pre-Settled status – they must have started living in the UK before 1 January 2021 and:
  • Your child is not living an independent life
  • You have sole or shared responsibility for your child or children in the UK
  • You can maintain and adequately maintain yourself without recourse to public funds.
  • You meet the suitability requirements to apply

Which documents are required for me to apply?

Depending on your circumstances, you will be required to provide documentary evidence in support of your application. This includes:

  • You are taking an active role in your child’s upbringing
  • You continue to plan to take care of them and be part of their involvement and future upbringing
  • You are the Parent of the child or children

The Home Office will consider your documents such as letter from the child’s school to confirm that you take them to school or go to parent evenings, doctors, dentist appointments etc. It is important you get the right legal advice to show you meet the relevant criteria to increase your application is successful. 

The Home Office will also consider applications based on your child or children in the UK, you my hear of the term ‘best interests of the child’ being used. This is also known as ‘Section 55, because it come from Section 55 of the 2009 Borders, Citizenship and Immigration Act. 

This means that the Home Office are required by law to make sure that decisions concerning children safeguard and promote the welfare of children. 

Do I need to satisfy the English language and financial requirements?

You must prove you

  • Have a good knowledge of English in order to satisfy the English language requirement and has passed the Listening and Speaking English test. 
  • Can financially support yourself without recourse to public funds to meet the requirements. You will need to satisfy the financial requirement of £18,600 if you are applying under the 5 Year route. 

What happens if I cannot meet the English language and financial requirements can I still apply?

  • You can still apply if your child is in the UK is a British or Irish citizen or
  • Your child has lived in the UK for 7 years continuously (add link for 7 years) and
  • It would not be reasonable for them to leave the UK

Do I need to pay for the Immigration Health Surcharge?

You will be required to pay the Government NHS Surcharge, which is a separate fee and currently £1,560 for the length of your visa in support of your application to meet the requirements to apply. 

How long will is my visa granted for?

If your application is successful, the Home Office will grant you leave to remain in the UK for a period of 2.5 years. After a certain period of time, your visa can lead to indefinite leave to remain and also British nationality. If your application is successful, you will be granted leave to remain either under the 5 year or 10 year routes. You will be granted leave to remain under the 5 year route, if you already hold valid Immigration Status in the UK. 

How long does the Process Take?

On average it can take between 2-4 months for a Caseworker to reach a decision on your application for your application for indefinite leave to remain in the UK. It some cases it can be a lot less and decided quickly

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FAQ's

Our Top Parent of a British Child FAQ’S

To apply for leave to remain in this category, the application fee is currently £1,033 plus £19.20 payable towards the Biometric Fingerprints fee.

If you have a child who has British citizenship, you may be able to apply for the right to remain in the UK under part of the immigration rules. Depending on your circumstances, you may be eligible to apply under the 5 or 10 year parent route.

Being born in the UK does not automatically make you a British citizen. A child will have automatic right to British citizenship if they were born in the UK and one parent had settled status at the time of the child’s birth, otherwise you may be entitled to register your child as a British citizen.

You may be entitled to apply to remain in the UK if you have a child who is either a British Citizen or is settled in UK. You may also qualify for the visa if you and your child are in UK and your child has lived here for 7 years.

How can we help?

Our Friendly Team of Immigration Solicitors in London are experts in dealing with your application as a Parent of a British child or children in the UK. We are here to help you every step of the way and deal with any concerns or questions from the outset you may have or what you need to do for your application to the Home Office. Our Immigration Solicitors have extensive knowledge and experience to assist with your visa matters. We will hep you to avoid mistakes to obtain your visa . You can be assured after handling over your case, our lawyers will ensure your case is dealt with as smoothly as possible and to avoid further complications.

The pathway to UK citizenship can be long, complex and overwhelming. However, it is not impossible!. With the help of our legal experts, you can get on the right track with greater possibility of a positive outcome. We can help in various types of UK Visas, citizenship applications, visas and appeals. When working with one of our lawyers, you can also address concerns with marriage and family visas, entry clearance, PBS applications and deportation appeals, including Judicial review (JR) proceedings.

Once instructed, please feel assured we will include the following:

  • Taking detailed instructions from you and advising you about the relevant immigration laws and procedures in your application as a Parent of a British child in the UK to the Home Office;
  • Assessing and checking your documents and evidence to ensure that your application as a Parent of a British child’s fulfils the relevant requirements
  • Advising you if any documents are missing or additional documents are required to support and strengthen your application as a Parent of a British child for leave to remain in the UK
  • Completing of your entire application process and any information to process your application
  • Preparing a representation letter to the Home Office as to why you and any dependants qualify for leave to remain in the UK as a Parent of a British child

For Further Information or to talk to us, kindly contact one of Immigration Solicitors in London on 0203 7324736 or complete the contact form or email us. Thank you

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