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You can apply to live in the UK to care for your child.
If you’re eligible to apply as a partner, you must do that instead of applying as a parent.
Your child must either:
- be under 18 on the date you apply
- have been under 18 when you were first granted leave and not live an independent life. Your child is living an independent life if, for example, they’ve left home, got married and had children.
Your child must be living in the UK. One of the following must also be true:
- they’re a British or Irish citizen
- they’ve settled in the UK – for example, they have indefinite leave to remain, settled status or proof of permanent residence
- 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
- if you’re applying in the UK, they must have lived in the UK for 7 years continuously and it would not be reasonable for them to leave
If your child has settled status you may be able to apply to the free EU Settlement Scheme or for an EU Settlement Scheme family permit.
If you do not meet the rules to enter or remain in the UK because of coronavirus (COVID-19), you might still be able to apply to extend your stay or switch to a family visa. Read the guidance for UK visa applicants and temporary UK residents.
Parental Responsibility
You need to have sole or shared parental responsibility for your child.
If you share parental responsibility, the child’s other parent must not be your partner. They must also either:
- be a British or Irish citizen
- have settled in the UK – for example, they have indefinite leave to remain, settled status or proof of permanent residence
- be 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
If the child lives with their other parent or carer, you must have access to the child in person, as agreed with the other parent or carer or by a court order.
What you’ll need to prove:
You must be able to prove that you’re taking an active role in your child’s upbringing and you plan to continue after you apply. For example you could provide letters from your child’s:
- school confirming you take them to school or go to parent evenings
- doctor, dentist, or health visitor confirming that you take them to appointments
- other parent confirming how much contact you have with your child
If you provide a letter from the other parent, you’ll need to include proof of their identity. This should be an official document which has their signature on it, for example a copy of their passport, tax return or photocard driving licence.
English language and financial requirements:
You must also prove you:
- have a good knowledge of English
- can financially support yourself without claiming public funds
If your child or any other dependants live with you, you must also prove you can financially support them without claiming public funds.
If you do not meet the English language and financial requirements you can still extend your permission to stay if:
- your child in the UK is a British or Irish citizen or has lived in the UK for 7 years
- it would be unreasonable for them to leave the UK
FAQs:
You can stay in the UK for 2 years and 9 months on this visa. After this you’ll need to apply to extend your stay.
If you extend your family visa or switch to this visa you can stay in the UK for 2 years and 6 months.
You’ll need to prepare information and documents to provide with your application.
How you apply depends on whether you’re in the UK or not.
Outside the UK
You must apply online. You must also complete Appendix 5.
In the UK
You must apply online.
It is advisable to instruct a solicitor as the rules can be quite complex and by instructing a solicitor- it will ensure that your application is completed correctly without errors minimising the risk of the application being refused.
If you cannot afford to pay the fee, you must also apply online to waive the fee. You might not have to pay the fee if you:
- do not have a place to live and you cannot afford one
- have a place to live but cannot afford your essential living costs like food or heating
- have a very low income and paying the fee would harm your child’s wellbeing
You can add other children to your application as dependants if one of the following applies:
- they are under 18 on the date you apply
- they were under 18 when they were first granted leave on a family visa and do not live an independent life
You’ll need to attend an appointment to provide your biometric information (fingerprints and a photo). You’ll be told how to make an appointment when you apply.
You can ask for your passport and other documents to be returned if you’ve provided them with your application but need them urgently.
You might have to cancel your application to get your documents back.
You’ll get a Biometric Residence Permit if your application is successful.
You can:
- work
- study
Please note that you cannot work or study if you’re applying for a visa or extending your stay to get married or become civil partners.
You cannot:
- usually get benefits or other public funds for you or your dependants
- apply to settle in the UK until you’re eligible
The earliest you can apply to settle in the UK (called ‘indefinite leave to remain’) is after you’ve lived in the country for 5 years continuously with permission to stay (‘leave to remain’) as a parent.
Contact White Horse Solicitors & Notary Public for expert advice by experienced professionals on all areas of Immigration law. The many conditions and immigration requirements that must be met are handled by White Horse Solicitors and Notary Public with excellent professionalism, reliable conduct and integrity. We will ensure that our advice focuses on your personal circumstances and will always aim to achieve brilliant results for our clients.
White Horse Solicitors & Notary Public is well placed and highly qualified in providing professional advice and assistance on making an application for Family Visa. We recommend getting in contact with us on 020 7118 1778 for our specialist and professional advice on such an application before any action is taken.
The information contained on this page is sourced from UK Visas and Immigration and is subject to change. White Horse Solicitors & Notary Public makes every effort to keep this information current, however prices and information cannot be guaranteed and should always be checked on www.gov.uk.
