Child of a Partner or parent visa

Child of a Partner or Parent Visa

The Child of a Partner or Parent Visa allows children under 18 to join their parent in the UK if that parent holds or is applying for a visa under Appendix FM of the Immigration Rules. This visa route is designed to keep families together, ensuring that children can be with their parents who are already settled or seeking settlement in the UK.

This visa is applicable for children who are outside the UK and are dependent on a parent who is either holding or being granted a Partner or Parent visa under Appendix FM. If the parent holds another visa type, different application rules may apply. The visa allows children to live and study in the UK and can eventually lead to settlement if the parent also becomes eligible for Indefinite Leave to Remain (ILR).

2. Questions and Answers

Q1: Who is eligible to apply for the Child of a Partner or Parent Visa?
A: To be eligible for this visa, the child must:

  • Be under 18 years old.
  • Not have formed an independent family unit or be living independently.
  • Have a parent in the UK who holds or is being granted a Partner or Parent Visa under Appendix FM of the Immigration Rules.

Q2: What is required to prove “sole parental responsibility”?
A: Sole parental responsibility means that one parent is entirely responsible for the child’s upbringing, making all significant decisions about their care, welfare, and education. This can be proven through:

  • Correspondence showing decision-making power.
  • Evidence of financial support from the parent responsible.
  • School or medical records showing the parent as the primary point of contact.

Q3: What are “serious and compelling family or other considerations”?
A: This refers to situations where the child’s exclusion from the UK would negatively affect their welfare or best interests. It could involve:

  • Emotional needs.
  • Evidence of neglect, abuse, or unmet needs.
  • Social or economic conditions in the child’s home country that could harm the child.

Q4: What are the financial requirements for this visa?
A: The financial requirement depends on whether the child’s parent holds a Partner or Parent Visa:

  • For a Partner Visa, the combined gross annual income of the parent and their partner must be at least £29,000.
  • For a Parent Visa, the parent must prove they can adequately maintain and accommodate the child without relying on public funds.

Q5: Can the child work or study in the UK on this visa?
A: Yes, children on this visa can attend school or study in the UK. However, working is generally not permitted unless they are old enough and the visa allows it under specific circumstances, such as part-time work for those aged 16 or older.

Q6: What documents are needed for the visa application?
A: Key documents include:

  • Birth certificate to prove the relationship with the parent.
  • Parent’s visa details.
  • Evidence of financial stability and accommodation in the UK.
  • Proof of sole responsibility or compelling family circumstances (if applicable).

Q7: How long is the visa valid, and can it be extended?
A: The visa is usually granted for the same length as the parent’s visa, typically 33 months. It can be extended, and once the parent is eligible for ILR, the child may also qualify for settlement.

Q8: What happens if the visa application is refused?
A: If refused, applicants may have the right to appeal or reapply with stronger evidence. It’s crucial to ensure all the required documents are provided and properly formatted to avoid refusal.

3. How Kaya Legal Can Assist

At Kaya Legal, we are experienced in assisting families with Child of a Partner or Parent Visa applications. Our immigration experts can help with:

  • Eligibility Assessment: We will review your case to determine the best visa route for your child.
  • Document Preparation: Our team will help you gather the required evidence, ensuring you meet the financial and relationship requirements.
  • Application Submission: We will guide you through the application process, helping to avoid common pitfalls that lead to visa refusals.
  • Appeals and Refusals: If your visa is refused, we can assist with appealing the decision or preparing a stronger re-application.

Contact Kaya Legal for tailored assistance with your Child of a Partner or Parent Visa application. We ensure your case is handled professionally and efficiently, maximising your chances of a successful outcome.