Family visaFamily visa as a parent – the 7 year visa route

In the UK, you need a family visa to live with a member of your family if you intend to live with them for more than 6 months. Applying for a family visa can be done either from inside the UK (switching from another visa) or applying from outside the UK on an entry clearance application.

Key criteria for the 7-year child route

If your child lives in the UK, you can apply to live with them under certain circumstances.

Your child, at the time of the application, must be:

  • Under 18
  • Dependent on you and not live an independent life, e.g married and left home

If you are applying from the UK, the child must have lived for 7 continuous years in the UK to the point where it would be unreasonable for the child to leave. 

Additionally, one of the following must apply:

  • Your child is either a British or Irish citizen 
  • They are from the EU, Switzerland, Norway, Iceland or Liechtenstein and hold a pre-settled status

 

Family visa application if your child is a British citizen or settled in the UK:

You must, as a parent, show either sole or shared parental responsibility for the child. If the responsibility is shared, the other parent must:

  • Not be your partner
  • Be either settled in the UK or a British citizen

One of the key things to be proven is to prove that you have an active, steady role in your child’s upbringing and that you continue to do so after applying. For this, you must show documentation and other evidence that you participate in and attend the child’s routine activities, e.g in school. The type of evidence to be presented is dependent on each circumstance for both the parent and the child.

You must also:

  • Prove your knowledge of English
  • Be able to support yourself and your child without seeking recourse to public funding

Family visa application if you, as a parent, do not meet one or any of these requirements:

  • Your child is a British citizen or has lived in the UK for 7 years
  • It would be unreasonable for the child to leave the UK

If the application is successful, your leave will be granted for 2 and a half years after which you will need to extend your family visa.

How can NA Law help with your family visa?

Family visa applications can often be complex, time-consuming and at risk of being rejected if you do not submit the correct documentation or make the relevant arguments. NA Law will guide you through the process, find the most efficient solution to suit your immigration goals and keep you informed throughout.

Contact us today for a case assessment!

Related:

Frequently asked questions (FAQs):

According to the definition set out at paragraph 6 of the Immigration Rules, it is broader than simply natural birth parents, and also includes:

  • the stepfather of a child whose father is dead and the reference to stepfather includes a relationship arising through civil partnership;
  • the stepmother of a child whose mother is dead and the reference to stepmother includes a relationship arising through civil partnership and;
  • the father as well as the mother of an illegitimate child where he is proved to be the father;
  • an adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the United Kingdom;
  • in the case of a child born in the United Kingdom who is not a British citizen, a person to whom there has been a genuine transfer of parental responsibility on the ground of the original parent(s)’ inability to care for the child.

You must be able to prove that you’re taking an active role in your child’s upbringing and you plan to continue after you apply. For example you could provide letters from your child’s:

  • school confirming you take them to school or go to parent evenings
  • dentist confirming you take them to appointments
  • other parent confirming how much contact you have with your child (you’ll need to include proof of their identity, such as their passport)

You must also prove you:

  • have a good knowledge of English
  • can financially support yourself and your child without claiming public funds

If you do not meet these requirements you can still extend your permission to stay if:

  • your child in the UK is a British citizen or has lived in the UK for 7 years
  • it would be unreasonable for them to leave the UK

You need to have either sole or shared parental responsibility for your child. If you share parental responsibility, the child’s other parent must:

  • not be your partner
  • be either a British citizen or settled in the UK

If your child lives with their other parent or carer, you must have access to the child in person as agreed with the other parent, carer or by a court order.

If your application is successful, you will be granted 2.5 years’ leave after which you’ll need to apply to extend your stay.

If outside the UK:

  • online application form
  • completion of Appendix 5

If from within the UK:

  • online application form

If you cannot afford to pay the fee, you must also apply online to waive the fee. You might not have to pay the fee if you:

  • do not have a place to live and you cannot afford one
  • have a place to live but cannot afford your essential living costs like food or heating
  • have a very low income and paying the fee would harm your child’s well-being

The earliest you can apply to settle in the UK (indefinite leave to remain) is after 5 lawful and continuous years of residence. Illegal periods of residence will break your continuous residence, e.g overstaying.

You can add other children to your application as dependants if one of the following applies:

  • they are under 18 on the date you apply
  • they were under 18 when they were first granted leave on a family visa and do not live an independent life
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