The Parent of a Child visa allows you to live in the UK to care for your child or children, if they meet the same requirements. This visa is for parents of British citizens, Irish citizens, or children with settled status. Applicants must meet financial, accommodation, and English language requirements under Appendix FM.

1. Your Child – Parent of a Child Visa Requirements

To apply for a Parent of a Child visa the following criteria will need to be met. Your child must be:

• Under 18 on the date you apply, or have been under 18 when you were first granted leave; 
• Still dependent, i.e. not leading an independent life. The child cannot be married;
• Living in the UK. They must also live with you, unless they live away from home as they are in full-time education e.g. boarding school or university;
• Any of the following: A British or Irish citizen; have settled status (Indefinite Leave to Remain) or pre-settled status. In addition, if applying in the UK (for limited or Indefinite Leave to Remain), they must have lived in the UK for 7 years continuously and it would be unreasonable for them to leave. 

Often, applicants are joining or remaining with a child following a breakdown in the parental relationship, e.g. through divorce or separation, in which case you need to demonstrate parental responsibility – evidence that you are proactively involved in the child’s upbringing.

2. Parental Relationship Requirements for a UK Parent of a Child Visa

You must provide evidence of your parental relationship with your child, such as in the form of a birth certificate or adoption paperwork. In addition, you must be able to prove you are taking an active role in the child’s upbringing, with the intention to continue doing this if your application for a visa is successful. The following avenues can be used to demonstrate you satisfy the parental relationship requirement:

a. Sole Parental Responsibility

Sole parental responsibility is not equivalent to legal “custody” or control. It is a factual determination, which the Home Office guidance describes as follows:

“Sole parental responsibility means that one parent has abdicated or abandoned parental responsibility, and the remaining parent is exercising sole control in setting and providing the day-to-day direction for the child’s welfare.”

b. Shared Parental Responsibility

If you do not have sole responsibility and responsibility for the child’s upbringing is shared, the child’s other parent must not be your (the applicant’s) partner. The rules then state that the applicant must normally live with the child and not the other parent (if applying within the UK). If your child does not live with you, you must demonstrate you have direct (in person) access to the child. The child’s other parent 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.

3. Adequate Maintenance Requirement for a Parent Visa (Appendix FM)

Appendix FM of the Immigration Rules states that the applicant must provide evidence that they will be able to adequately maintain and accommodate themselves and any dependants in the UK without recourse to public funds. This is the case for entry clearance as well as leave to remain applications. The guidance on this can be found here. Crucially, parents do not face a fixed minimum income threshold (like the £29,000 for partner visas, if applying after 11 April 2024); instead, you must meet the adequate maintenance and accommodation requirement:

“adequate’ and ‘adequately’ in relation to a maintenance and accommodation requirement shall mean that, after income tax, National Insurance contributions and housing costs have been deducted, there must be available to the family the level of income that would be available to them if the family was in receipt of Income Support.”

This is often expressed by the formula:

A − B ≥ C

• A = net income after tax and NI
• B = weekly housing costs (e.g. rent, mortgage, council tax)
• C = equivalent Income Support level for a UK family of the same size

If you rely on savings in addition to, or instead of, income, you can include those in the calculation (dividing total savings by the weeks of limited leave anticipated). See our previous article Adequate Maintenance Requirement – Appendix FM.

The test ensures applicants can support themselves and any dependants without recourse to public funds. 

4. Accommodation Requirements for the UK Parent of a Child Visa

The Adequate Maintenance and Accommodation guidance goes on to discuss the criteria relating to accommodation. In general, it is required that:

“An applicant must provide evidence that there will be adequate accommodation in the UK, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household. This must be accommodation which the family owns or which they occupy exclusively.”

Broadly, therefore, you must show that you have a home large enough for you, your child, and any dependants, you do not require public funds e.g. housing benefit, the home is not overcrowded and meets basic health and safety standards.

Evidence can include tenancy agreements, mortgage documents, property details, council tax bills, and a short letter or housing assessment.

5. English Language Requirement for UK Parent Visas

You must demonstrate a good knowledge of English at a basic level, specifically, at least CEFR A1.

You can meet this by:

• Passing an approved English language test, e.g. SELT;
• Having a degree taught in English;
• Being a national of a majority English-speaking country, in which case identification documents, such as your passport, should suffice to meet this requirement.

Exemptions apply in certain limited circumstances. For example, aged 65 or over, the applicant has a relevant disability precluding them from meeting the requirement, or there are exceptional circumstances.

6. Parent of a Child Visa UK Processing Times

According to GOV.UK, processing times for family visas:

• Outside the UK: decisions often within 12 weeks of application.
• Inside the UK (switch/extension): currently about 12 months.

You may be able to pay for priority or super-priority services to speed up decisions; fees apply.

7. Parent of a Child Visa Decision Outcomes

Grant

• You can stay in the UK for 2 years and 9 months on this visa. You’ll need to apply to extend your stay prior to your permission expiring.
• If you extend your family visa or switch to this visa, you can stay in the UK for 2 years and 6 months.
• You can work and live in the UK, but not access public funds.
• You may apply for extension and eventually for Indefinite Leave to Remain (ILR) after 5 years on this route.

Refusal

• The refusal letter will explain grounds and whether you can apply again or appeal. It should be noted that there are very limited appeal rights.

8. Key Takeaways for the Parent of a Child Visa

Navigating the requirements for a Parent of a Child visa UK can be complex, as it involves meeting eligibility criteria for your child, demonstrating parental responsibility, satisfying financial and accommodation requirements, and proving basic English language ability. Careful preparation and a clear understanding of the Home Office guidance under Appendix FM are essential to making a successful application.

By ensuring that all aspects of your case are thoroughly addressed, you can maximise your chances of securing permission to live in the UK with your child.

9. Contact Our Immigration Barristers

If you are considering applying for a Parent of a Child visa UK or need advice on any aspect of the application process, our specialist immigration barristers at Richmond Chambers can provide expert guidance. Contact us on 0203 617 9173 or via our enquiry form below.

10. Frequently Asked Questions

What is a Parent of a Child visa?

The Parent of a Child visa UK allows a parent to live in the UK to care for their child. The child must meet specific requirements, including age, residence in the UK, and immigration status.

Who can qualify as a child under the Parent of a Child visa route?

To qualify, the child must be under 18 at the date of application (or have been under 18 when the parent was first granted leave and remain dependent), live in the UK, and be a British or Irish citizen or hold settled or pre-settled status. Alternatively, if applying for limited leave to remain or settlement, the child must have lived in the UK for 7 years continuously and it would be unreasonable for them to leave (this provision is not applicable for entry clearance applications; see Immigration Rules Appendix FM).

What evidence is needed to prove a parental relationship?

Applicants must provide evidence of their parental relationship with the child, such as a birth certificate or adoption paperwork, and demonstrate that they play an active role in the child’s upbringing.

What is meant by sole or shared parental responsibility?

Sole parental responsibility means that one parent has abdicated or abandoned responsibility, leaving the applicant with full day-to-day control over the child’s welfare. Where responsibility is shared, additional requirements apply, including rules on residence and access to the child.

Is there a minimum income requirement for a Parent of a Child visa?

There is no fixed minimum income threshold. Instead, applicants must meet the adequate maintenance and accommodation requirement under Appendix FM, showing they can support themselves and any dependants without recourse to public funds.

Do I need to meet an English language requirement?

Yes. Applicants must usually demonstrate English language ability at CEFR level A1, unless an exemption applies, such as age or a relevant disability.

How long does a UK Parent of a Child visa last, and can it lead to settlement?

If granted, the visa is usually issued for 2 years and 9 months (or 2 years and 6 months for in-country applications). Applicants can apply for extensions and may become eligible for Indefinite Leave to Remain after 5 years on this route.