Parent of British child visa Guide

The best interests of that child.

An important consideration in all family life cases involving children will be what is in the best interests of that child. The Home Office is under a statutory duty to promote and safeguard the welfare of children in all immigration considerations and decisions. The best interests of the child must be continually assessed throughout any immigration process, from making the application to the making of a decision

The Home Office guidance on the parent route states that: “save in cases involving criminality, the decision maker must not take a decision in relation to the parent or primary carer of a British Citizen child where the effect of that decision would be to force that British child to leave the EU, regardless of the age of that child. This reflects the European Court of Justice judgment in Zambrano. Furthermore, in the case of SF and others (Guidance, post-2014 Act) [2017] UKUT 120 (IAC), it has been confirmed that it is Home Office policy that a decision maker must not make a decision in relation to a parent/carer which would lead to the British child leaving the UK.

Grants of leave

Depending on your circumstances, you could be granted leave either under the 5- or 10-years route. To be eligible for leave under the 5 years routes you must meet the English and financial requirements. Indeed, under Appendix FM there are two routes to settlement in the UK on the basis of family life as parent. The 5-year route as parent is for those who meet all the suitability and eligibility requirements of the Immigration Rules at every stage including the English and financial requirements. The 10-year route as parent applies in respect of applications for leave to remain as a parent who meets all the suitability requirements, but only certain eligibility requirements.

The decision maker will first consider whether you meet the requirements of the Immigration Rules, without consideration of exceptional circumstances and if you do, leave under the relevant Rules should be granted. In a case you fail to meet the requirements under the 5-year parent route, your application will be considered for leave to remain under the 10-year parent and private life routes as appropriate. Accordingly, the decision maker will move on to consider, whether, in the light of all the information and evidence you have provided, there are exceptional circumstances, which would render refusal a breach of Human Rights (ECHR Article 8) because it would result in unjustifiably harsh consequences for you, your partner, a relevant child or another family member, whose Article 8 rights would be affected.

Exception to eligibility requirements

Some individuals, applying as a parent, will be able to rely on the exception rule under Appendix FM of the Immigration Rules if the applicant has a genuine and subsisting parental relationship with a child who is:

• under 18 years old (or was under 18 years when the applicant was first granted leave);
• in the UK;
• a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and
• where it would not be reasonable to expect the child to leave the UK;

If you meet one of the exceptions, you would be exempt from some of the requirements under the Immigration Rules outlined above in particular, the financial, English language and most of the immigration status requirements would not apply.

If relying on this exception, you are expected to show that it would not be reasonable to expect the child to leave the UK. Reasonableness in this context will depend on a number of factors, including the child’s age; family ties in the UK and in the country of origin; and social, cultural and educational ties.