Leave to Remain or Enter the UK as a Parent

Applying for Leave to Remain in the UK on the Basis of Being the Parent of a British Child

Are you or your client the parent of a British or UK-settled child looking to enter or remain in the UK so that you can care for that child? There are various criteria to meet and a fairly complex application process to navigate. But with the right expertise to support your Family visa application on the basis of being the parent of a British child, you could soon have the reassurance you need that you can enter or remain with your child here in the UK.

How to obtain leave to enter or remain in the UK as a parent of a British child

If you or your client is looking to either come to the UK or remain here on the basis that you are the parent of a child who is living here, you will need to satisfy a number of criteria to obtain the necessary family visa.

These criteria are:

• Your child must be under the age of 18 and not live an independent life on the date you apply, or was under 18 not living an independent life when you were first granted leave.
• Your child must be one of the following:
  • Either a British or Irish citizen;
  • Settled in the UK with indefinite leave to remain, settled status or proof of permanent residence;
  • From the EU, EEA or Switzerland with pre-settled status and have started living in the UK before 1 January 2021;
  • If you’re applying in the UK, they must have lived here for seven years continuously and it would not be reasonable for them to leave.
• You must have sole or shared parental responsibility for your child. Where responsibility is shared, the other parent must not be your partner, and must be either British or Irish citizens, or settled in the UK.
• You must have a good knowledge of English.
• You must be able to prove that you can financially support yourself without reliance on public funds and, if your child lives with you, you must also prove that you can financially support them without claiming public funds.

If you do not meet the required English language and financial requirements, then you may still be able to extend your permission to remain in the UK if your child in the UK is a British or Irish citizen or has lived in the UK for seven years, and if it would be unreasonable for them to leave the UK.

On this Family visa, you are able to remain in the UK for two years and nine months. After this time, you will need to apply to extend your stay. If you extend your Family visa, or switch to this visa from another one, your maximum stay will be two years and six months.

How Imperium Chambers can help

At Imperium Chambers, we fully understand how important it is for you or your client to be able to care for your child in the country in which they are settled. Our Family visa experts are on hand to professionally prepare and submit your application to enter or remain in the UK.

Whether you wish to make a fresh application from outside or within the UK, you’d like to renew or extend an existing Family visa or apply for indefinite leave to remain on the basis of your current Family visa, we are here to guide you expertly through every step so that you achieve the outcome you need to secure your life in the UK with your child.

Our specialists also have extensive experience in challenging visa refusals through the appeal and judicial review process.

Looking for professional advice on entering or remaining in the UK so you can care for your child? Contact our immigration specialists today on 0207 242 3488, or complete our enquiry form below.

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