Applying to join a parent who is settled in the UK

04 Mar 2024, 37 mins ago

The Child visa is available to children looking to join their parents who are settled (or have indefinite leave to remain) and present in the UK. A child applying under this route, if successful, will usually be granted entry in line with their parent’s leave (i.e. indefinite leave to enter). There are restrictions and requirements to this route, which will be addressed in this blog.

First of all, it is important to note that if the parent has obtained leave pursuant to Appendix FM or under the points-based system, the child must apply under the relevant routes.

The Child visa path is appropriate for a child who wishes to accompany or join a parent who has been granted, or is in the process of being granted, permission to enter or stay in the UK on an immigration route that eventually allows for settlement, except for cases involving partnership or parenthood under Appendix FM, or as a points-based system migrant.

A child applying under this route must meet the following requirements:

  • Must be under the age of 18 at the date of application;
  • Must not be leading an independent life and not have formed an independent family unit;
  • Must satisfy the financial requirement; and
  • Must satisfy the accommodation requirement.

Parents looking to sponsor their children to join them in the UK must also be able to meet one of the following requirements:

  • Both parents are present and settled in the UK; or
  • Both parents are being admitted on the same occasion for settlement; or
  • One parent is present and settled in the UK or being admitted on the occasion for settlement and the other parent has died; or
  • One parent is present and settled in the UK or being admitted at the same time for settlement and has sole responsibility for the child’s upbringing; or
  • One parent or a relative is present and settled in the UK or being admitted on the same occasion for settlement, and there are serious and compelling family or other considerations which make exclusion of the child from the UK undesirable, and suitable arrangements have been made for the child’s care.

The Home Office will always consider whether there are any serious and compelling reasons as to why the child’s exclusion from the UK would be detrimental to the child’s welfare. With each child’s application, the Home Office holds a duty to consider the child’s welfare, and to take their bests interests into account. Each application will vary according to your personal circumstances and, therefore, we would suggest seeking legal advice before applying.

The financial requirement

When it comes to the financial requirement for a Child visa, the Home Office does not offer a specific threshold, like the Spouse visa. Instead, they will look at whether the parent will be able to adequately maintain their child coming to the UK without recourse to public funds.

They will usually consider your weekly income, less the amount spent on accommodation (i.e. mortgage or rent) and see if the amount remaining would be equal to or more than the amount you would be entitled to if you were in receipt of public funds, such as income support. If you are relying on your cash savings, it will be more complex. We can assist you with the formula and provide you with specific advice as to whether you would meet this requirement.

The accommodation requirement

The Home Office need to be satisfied that your child will be adequately accommodated without recourse to public funds. Accommodation will not be regarded as adequate if it is, or will be, overcrowded once your child joins you in the UK; or if it contravenes public health regulations. 

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on XFacebookInstagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2024