I would like to live with my British child in the UK – what are my options?

There is a dedicated ‘parent of a British child visa’ under Appendix Family Member (FM) of the Immigration Rules.

To qualify for an Appendix FM parent visa, you must have a British child who is under the age of 18 and you must satisfy the Home Office that:

• You have sole parental responsibility for your child; or

• Your child normally lives with their other parent or carer in the UK (who is a British citizen, settled in the UK or in the UK with Pre-Settled Status under the EU Settlement Scheme) and that you have direct access to the child as agreed with the other parent or as ordered by a UK court.

There is a high threshold for demonstrating sole responsibility, as you have to establish that you are the chief decision-maker for the child. The guidance states that where both parents are involved in a child’s upbringing, it will be rare for one parent to establish sole responsibility.

When applying for an Appendix FM parent visa, the Home Office will also consider your suitability, based on your previous immigration history and other matters, and you must demonstrate that you have a basic proficiency in English.

In the event that you do not qualify for an Appendix FM parent visa,  for reasons including the inability to establish sole responsibility, you will need to consider alternative routes and may need to apply for a visa in your own right, for example, as a Skilled Worker, etc.

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