Requirements For A Child Of A Partner Or Parent Visa

To qualify for a Child of a Partner or Parent Visa, you must demonstrate to the Home Office the following:

• Your child is currently residing outside the UK.
• Your child is under the age of 18 at the time of application.
• Your child has not established an independent family unit.
• Your child does not lead an independent life.
• One of the child’s parents either holds a Partner or Parent Visa under Appendix FM of the Immigration Rules in the UK or is in the process of receiving, or has already received, a Partner or Parent Visa under Appendix FM of the Immigration Rules (referred to as ‘the child’s parent’).
• Either:
  • The partner of the child’s parent under Appendix FM is also the child’s parent; or
  • The child’s parent is solely responsible for the child’s upbringing and continues to be so; or
  • There are compassionate and compelling familial or other considerations that would make it inappropriate to exclude the child, and appropriate arrangements for the child’s care have been made.
• Your child meets a specific financial requirement.
• Your child fulfils an accommodation requirement.

Specialist Advice and Representation

Our immigration and human rights solicitors are specialists in handling child of a partner or child of a parent visa applications and regularly assist child of a parent or partner visa applicants. We have successfully handled standard to highly complex visa applications and can leverage our expertise to help you join or remain with your loved ones in the UK in an efficient and timely manner. Our team of specialist immigration lawyers will take the time to understand your objectives, assign the right lawyer or a team of lawyers – where necessary – to your case and agree a strategy to help you achieve your objectives as cost-effectively and as quickly as possible.

Child of a Partner or Parent Visa Immigration Status Requirement

For your child to be eligible for a Child of a Partner or Parent Visa, one of the parents must have been granted leave to enter or remain as a Partner or Parent under Appendix FM or if the parent is overseas, they must be in the process of being granted leave to enter the UK as a Parent or Partner or has already been granted leave to enter as a Parent or Partner.

Sole Responsibility

The term ‘sole responsibility’ means that one parent has relinquished their parental responsibility, and the remaining parent is exercising sole control over the child’s upbringing and provides direction for the child’s day-to-day care. To rely on sole responsibility, you must be able to demonstrate that you have solely taken decisions and have performed actions in relation to the upbringing of your child without the input of the child’s other parent. The Home Office will also expect to see evidence that you are responsible for the child’s welfare and for what happens to them in key areas of their life including making decisions regarding the child’s education, health and medicaltreatment, religion, residence, holidays and recreation.

Serious And Compelling Family Or Other Considerations

In determining whether there are serious and compelling family or other factors making it undesirable for the child to be excluded from the UK, the Home Office will evaluate the child’s welfare and best interests. This evaluation is heavily dependent on the specific facts of the case. Family considerations for the purposes of such an application require an evaluative assessment of the child’s general well-being, as well their social, psychological and emotional needs. You will need to provide sufficient evidence to show that family considerations are serious and compelling. Other factors include an assessment of any other element of the child’s life that could necessitate their entry to the UK. Relevant factors may include social and economic environment of the child, any signs of neglect or abuse towards the child, and whether the child has any additional needs that must be met. The circumstances, or a combination thereof, should be sufficiently serious and compelling to justify the child’s admission to the UK. When relying on serious and compelling family or other factors, the Home Office also requires assurance that appropriate provisions have been arranged for the child’s care within the UK.

Chid Has Not Formed An Independent Family Unit

Your child should not be leading an independent life as part of a separate family unit. Generally, this indicates that your child should not be cohabiting in another household with a husband, wife or civil partner, betrothed or intended civil partner, or an unmarried partner. If such circumstances prevail, then your child will not qualify for a Child of a Partner or Parent Visa.

Chid Is Not Leading An Independent Life

In the same vein, a child leading an autonomous lifestyle will not meet the criteria for a Child of a Partner or Parent Visa. This signifies that your child must not have voluntarily established a separate social entity distinct from the parent. In practical terms, this generally implies that your child is expected to reside with their parent(s) (except in instances where they are enrolled in a boarding school, college, or university for full-time education), not engaged in full-time employment, and reliant predominantly on their parent(s) for fiscal and emotional sustenance.

Child Of A Parent Financial Requirement

In circumstances where the child’s parent has received a Parent of a Child Visa, or is in the process of applying for one, the child will need to convince the Home Office that such parent possesses the means to sufficiently support and house themselves, the child, and any other dependents in the UK, without recourse to public funds.

Child Of A Partner Financial Requirement

In cases where a child’s parent has received a Partner Visa, is currently applying for one, or has previously applied for one, it’s necessary for the child to show proof that their parent and/or the partner of their parent has a gross annual income of no less than:

• £18,600; in addition to
• £3,800 for the first child (who is neither British, possesses indefinite leave to remain in the UK, has pre-settled or settled status, nor is an EEA national with a right to reside in the UK); and
• £2,400 for each subsequent child (who is neither British, possesses indefinite leave to remain in the UK, has pre-settled or settled status, nor is an EEA national with a right to reside in the UK).

Different factors will be considered if the partner of the child’s parent is receiving certain state benefits or entitlements. In this case, the financial requirement for a Child of a Partner Visa is that the partner of the child’s parent is able to ‘adequately maintain and accommodate’ themselves, the parents of the child, the child itself, and any dependents in the UK, without having to resort to public funds.

Accommodation Requirement

Regardless of whether your child is applying as a Child of a Partner or a Child of a Parent, they are required to furnish proof that suitable accommodation will be available for them and other family members without recourse to public funds.

Supporting Documents for Child of a Partner or Parent Visa Application

The most common reason for refusal of applications for Child of a Partner or Parent Visa is lack of adequate supporting documents. The Immigration Rules maintain stringent criteria for the documents that must accompany a Child of a Partner or Parent Visa application. Each situation is unique and the supporting documentation necessary for a Child of a Partner or Parent Visa application will differ based on individual circumstances. Applicants should exercise extreme caution when relying on pre-set document checklists for Child of a Partner or Parent Visa applications. Moreover, if mandatory supporting evidence is missing, incorrectly formatted, or does not include all the necessary information, the Child of a Partner or Parent Visa application will likely be refused.

Child Of  Parent Or Partner Visa Application Fee

The Home Office application fee for a Child of a Parent or Partner Visa varies depending on whether the application is made from inside or outside the UK. For applications made from inside the UK, Home Office application fee is currently £1,033. For application submitted from outside the UK, the Home Office application fee is currently £1,523.

Duration Of Child Of A Partner Or Parent Visa

If you have made a successful application from outside the UK, you will granted a UK Visa which will be valid for a period of 33 months. If you have applied from inside the UK and your application is successful, you will be granted a visa for a period of 30 months. You must apply to extend your Child of a Parent or Partner Visa before the expiry of the initial grant of leave. If your application for extension of your visa is successful, you will be granted leave for a further period of 30 months. After completing 5 years of residence in the UK under the UK Parent Visa category, you will be eligible to apply for indefinite leave to remain.

Switching Into the Child Of A Partner Or Parent Visa Route From Within the UK 

An application for a Child of a Parent or Partner Visa can be submitted from inside the UK if you have valid leave to remain valid for 6 months or longer unless you are in the UK with leave as a visitor. If you are in the UK but do not have valid you will be required to leave the UK and apply from outside the UK.

How Our Immigration Lawyers Can Help?

Our immigration lawyers are experts in preparing Child of Parent or Partner Visa applications and regularly assist Child of a Partner or Parent visa applicants to move to relocate and settled with their families in the UK. Whether you’re seeking professional guidance on navigating the requirements of the Immigration Rules, an impartial evaluation of your likelihood to qualify for a Child of Parent or Partner visa, or specialized support in preparing a Child of a Parent or Partner visa application or immigration appeal, our team of immigration lawyers is very well equipped to assist you.

How We Work?

Our expert immigration lawyers regularly represent Child of a Parent or Partner Visa applicants in connection with their applications for leave to enter or remain in the UK. Once instructed, our immigration lawyers will assist you with every aspect of your application including:

• Evaluating your suitability for Child of a Parent or Partner visa application with reference to your unique personal circumstances;
• Evaluating the potential weaknesses and strengths of your application;
• Advising you on steps to overcome the weaknesses in your application to improve your chances of qualifying for Child of a Parent or Partner Visa;
• Advising you on the documents you need to provide to properly support every aspect of your application;
• Reviewing your supporting evidence to ensure they adequate support your application, are in the right format and address every aspect of your Visa application;
• Completing your Child of a Parent or Partner Visa Application on your behalf;
• Uploading all the necessary supporting evidence onto the online application portal;
• Arranging for your enrolment of your biometrics at a UK Visa Application Centre;
• Drafting detailed statements for the Applicant, the Sponsor and other relevant witnesses detailing a chronology of the Applicant’s circumstances, as well as all other relevant issues;
• Drafting a comprehensive letter of representation setting out how the applicant satisfies every aspect of the application;
• Responding to request for further information from the Home Office where necessary.

Why Choose Our Specialist Immigration Lawyers For Child of a Parent or Partner Visa Application?

Our expert immigration lawyers have a wealth of experience in handling all types of immigration applications and have successfully assisted many applicants with their Child of a Parent visa applications. Below is a summary of reasons why we are different and are the right fit for you:

High Quality Advice and Representations

Our team of specialist immigration lawyers handle each case with great care and attention to detail from outset to its conclusion. Our expert immigration lawyers will ensure that your case if progressed in a timely manner and that you receive the highest quality legal advice and representation throughout the life of your retainer. The quality of service provided by our team of specialist immigration lawyers are self-evident from our Google review.

Remote Legal Services

Our team of specialist immigration lawyers can provide you with excellent advice, guidance and legal representations remotely using modern means of communication. Whilst our expert immigration lawyer can meet you face to face in our offices at the heart of London, where a face to face meeting is not possible or convenient, our lawyers can represent you remotely without the need for you to attend our offices. Our expert immigration lawyers have successfully represented clients remotely from all four continents without their needing to attend our offices for a face to face meeting and can also represent you remotely if necessary.

Specialist Advice and Representation

If instructed, your matter will be assigned to a lawyer with specialist knowledge of immigration law who will handle your matter from initial instructions to its conclusion, and where necessary – such as in complex matters – your immigration lawyer will be assisted by other immigration lawyers to ensure the best possible legal advice and representation.

Fast Track Visa Processing Service

The Home Office (UKVI) provide a faster processing of application via its Priority Service application which enables you to get a decision on your (in-country) application within 24 hours of enrolling your fingerprints or within 5 days of enrolling your biometrics for out of country applications. Our specialist immigration lawyers can take all steps to submit your application via Priority service so that you can get a decision on your application in the shortest time possible.

Fixed Fees With Payment Plan

To help you with certainty regarding the costs of your legal representation, we provide services for a reasonable and affordable fixed fee. To further help our clients manage the costs associated with their application, we can offer an instalment plan so that you can pay your fixed fees in instalments. Please do note, however, that all instalments must be completed before you enrol your biometrics.