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Child Visa Application

 

What do you need to know?

 
Children under 18 living overseas whose parents or other relative who is either settled or applying for settlement in the UK, may be eligible to enter and remain in the UK indefinitely.
 
It is important that children under 18 of parents who have, or is applying for, limited leave as a partner (spouse, civil partner or unmarried partner) of a British citizen or settled person then you may also be eligible for leave at the same time as the parent.

Indefinite Leave to Enter the UK as a Child
An application for indefinite leave to enter the UK as the child of a settled parent or relative may be appropriate in the following circumstances:

Where the child is coming to the UK to live with both parents and either:
• Both parents are British citizens or have indefinite leave to remain, or are being admitted on the same occasion for settlement; or
• One parent is a British citizen or has indefinite leave to remain, and the other parent is applying to come to the UK.

Where the child is coming to the UK to live with only one parent and either:
• One parent is a British citizen or has indefinite leave to remain, and the other parent is dead; or
• One parent is a British citizen or has indefinite leave to remain, and that parent has had sole responsibility for the child’s upbringing; or
• One parent is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.

Where the child is coming to live with another relative who is not their parent and:
• The relative is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.

Additionally, the child will have to show that they satisfy the following requirements:
• They are related to the parent or other relative as claimed; and
• They are under 18 at the date of application; and
• They are not married, in a civil partnership or leading an independent life; and
• There is adequate accommodation and maintenance for the child, without relying on public funds.

Leave to Enter or Remain in the UK as a Child
An application for leave to enter or remain in the UK as a child in this category may be appropriate where the child’s parent is applying for entry clearance or leave to remain as the partner of a British citizen or settled person in the UK or where the child’s parent has already been granted entry clearance or leave to remain as a partner of a British citizen or settled person in the UK.

To qualify for entry clearance or leave to remain as the child of a parent with limited leave as a partner, the child must be able to demonstrate that:
They are the child of a parent who is in the UK as, or applying to come to the UK as, a partner; ?The applicant’s parent’s partner is also the applicant’s parent, unless either:
• the applicant’s parent has sole responsibility for the child; or
• there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.

Additionally, the child will have to show that they satisfy the following requirements:
• They are under 18 at the date of application, unless applying to extend leave granted in cases where the applicant has subsequently reached the age of 18 but not yet obtained settlement;
• They are not married, in a civil partnership or leading an independent life;
• There is adequate accommodation and maintenance for the child, without relying on public funds.

The UK sponsor will also need to demonstrate that they satisfy a financial requirement by having a gross annual income of at least £18,600 plus?£3,800 for a first child (who is not British, settled or an EEA national) plus £2,400 for each additional child (who is not British, settled or an EEA national). Different considerations will apply if the UK sponsor is in receipt of certain benefits.

What else do I need to know about the Child visa?
If the child’s application for a visa as the child of a parent or relative settled, or applying for settlement, in the UK is approved then they will be granted indefinite leave to enter the United Kingdom.

If the child’s application for leave to enter or remain in the UK as a child of a parent with limited leave to remain as a partner is approved then the child will be granted leave in line with their parent’s leave. Once the parent has been granted Indefinite Leave to remain, it may be possible for the child to make an application for Indefinite Leave to Remain.

Legal guidance at a glance:

  • Advise on your legal requirements
  • Assessment of Parental Responsibility
  • Assessment of your Family Member rights
  • Prepare documents in support of claim
  • Prepare Representation to the UK Visa Centre
  • Keep you informed of all developments

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