Parent of a child leave to remain
Family visa applications include application as a parent of a child in the UK. The requirements to be met for limited leave to remain as a parent are specified in the immigration rules as follows-
the applicant and the child must be in the UK;
the child must be under 18 unless you apply to extend your leave as a parent and the child was under 18 at the time of initial application;
the applicant must have made a valid application for limited or indefinite leave to remain as a parent or partner; and either
(i) the applicant must not fall for refusal under Suitability leave to remain grounds; and
(ii) the applicant meets all of the Eligibility requirements for leave to remain as a parent,
When paragraph EX.1. applies the applicant does not need to meet some requirements, such as the financial requirement and the English language requirement.
Eligibility for leave to remain as a parent – Relationship requirements
The child of the applicant must be-
under the age of 18 years at the date of application, or where the child has turned 18 years of age since the applicant was first granted entry clearance or leave to remain as a parent under this Appendix, must not have formed an independent family unit or be leading an independent life;
living in the UK; and
a British Citizen, settled in the UK, or in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d); or
has lived in the UK continuously for at least the 7 years immediately preceding the date of application and paragraph EX.1. applies.
Either-
the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen, settled in the UK, or in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d)), and the applicant must not be eligible to apply for leave to remain as a partner under this Appendix; or
the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK, settled in the UK, or in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d).;
(ii) not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.
The applicant must provide evidence that they have either-
(i) sole parental responsibility for the child, or that the child normally lives with them; or
(ii) direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK; and
(b) The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.
Immigration status requirement – parent leave to remain
The applicant must not be in the UK-
(a) as a visitor; or
(b) with valid leave granted for a period of 6 months or less, unless that leave was granted pending the outcome of family court or divorce proceedings;
The applicant must not be in the UK –
(a) on immigration bail, unless:
(i) the Secretary of State is satisfied that the applicant arrived in the UK more than 6 months prior to the date of application; and
(ii) paragraph EX.1. applies; or
(b) in breach of immigration laws (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded), unless paragraph EX.1. applies.
Financial requirements – parent leave to remain
The applicant must provide evidence that they will be able to adequately maintain and adequately accommodate themselves and any dependants in the UK without recourse to public funds, unless paragraph EX.1. applies.
The 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, which the family own or occupy exclusively, unless paragraph EX.1. applies: accommodation will not be regarded as adequate if-
(a) it is, or will be, overcrowded; or
(b) it contravenes public health regulations.
English language requirement
If the applicant has not met the requirement in a previous application for entry clearance or leave to remain as a parent or partner, the applicant must provide specified evidence that they-
(a) are a national of a majority English speaking country; or
(b) have passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with a provider approved by the Secretary of State; or
(c) have an academic qualification which is either a Bachelor’s or Master’s degree or PhD awarded by an educational establishment in the UK; or, if awarded by an educational establishment outside the UK, is deemed by Ecctis to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis has confirmed that the degree was taught or researched in English to level A1 of the Common European Framework of Reference for Languages or above; or
(d) are exempt from the English language requirement under paragraph E-LTRPT.5.2.;
unless paragraph EX.1. applies.
The applicant is exempt from the English language requirement if at the date of application-
(a) the applicant is aged 65 or over;
(b) the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
(c) there are exceptional circumstances which prevent the applicant from being able to meet the requirement.
