Personal Immigration

CHILDREN

CHILD VISAS

If you are a child under 18 living overseas and you have a parent or other relative who is either settled or applying for settlement in the UK, then you may be eligible to enter and remain in the UK indefinitely.

If you are the child under 18 of a parent who has, 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 be eligible for leave in line with your parent.

What are the main eligibility requirements for a Child visa?

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.

In order 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.

How our immigration barristers can help

Our immigration barristers regularly assist foreign national children to relocate to, and settle in, the UK with their parents.

Whether you require expert advice on the requirements of the Immigration Rules, an independent assessment of your prospects of qualifying for a visa or professional assistance with preparing an immigration application, our immigration barristers can help.

The financial requirement rules are particularly complex and include mandatory requirements in terms of the documentary evidence that must be provided to UK Visas and Immigration in order to demonstrate access to the relevant funds. Our immigration barristers specialise in assisting applicants with complicated financial circumstances to secure successful outcomes in their spouse and civil partner visa applications.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to family members as part of a professional and friendly service.

WE CAN ALSO ASSIST WITH

  • Same-day premium service appointments for Children

    If you already have leave to remain in the UK and are applying to extend your stay or to settle in the UK, you may be able to submit your application in person and receive a decision on the same day, using UK Visas and Immigration’s Same-Day Premium Service.

    We can arrange for one of our legal associates, who is familiar with your case, to accompany you to the premium service centre, assist you with registering, provide assistance with enrolling your biometrics and liaise with the immigration officer, caseworker and, if required, your barrister on your behalf.

  • Applications for Dependent of a Points-Based System Migrant visas

    If you are a child of a point-based system migrant then you may be eligible to enter or remain in the UK as the Dependent of a PBS migrant.

  • Fresh applications and Immigration Appeals for Children

    If your application for entry clearance, leave to remain or settlement as a child has been refused, our immigration barristers can advise you on the merits of making a fresh application and/or challenging the decision by way of an appeal to the Immigration Tribunal.

    As well as preparing high quality visa applications, our immigration barristers provide professional legal advice and representation in relation to every aspect of pursuing a UK immigration appeal.

    Our immigration appeal barristers advise on the merits of appealing against Home Office immigration decisions, draft grounds of appeal and applications for permission to appeal, prepare appeal bundles and provide representation at immigration appeal hearings before the First-tier Tribunal, Upper Tribunal and higher courts.

WHAT CAN WE HELP YOU WITH?

To arrange an initial consultation meeting with one of our immigration barristers, contact our Child visa team on 0203 617 9173 or complete our enquiry form.

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