Parent of a British Child Visa in the UK

FAQs on the Parent of a British Child Visa in the UK

What is the Parent of a British Child Visa route? This visa route caters to parents who have responsibility for or access to their British child, particularly after the breakdown of a relationship with the child's other parent. It is also available for parents who:

• Have sole parental responsibility for their British or qualifying non-British child; or
• Do not live with the British child but maintain direct, in-person access as agreed with the parent or carer with whom the child resides, or as mandated by a family court; or
• (For leave to remain applications) are the parent with whom the British child primarily lives, rather than the other parent who is British or settled.

Can I obtain a UK visa if my child is British? Indeed, you can apply for a UK visa as the parent of a British child if you are no longer in a partnership with the child's other parent and either reside with the child or maintain direct in-person contact. You must satisfy all requirements laid out in Appendix FM of the Immigration Rules.

What is the duration of the initial visa granted as a parent of a British child? For those applying from outside the UK, the initial visa is typically granted for 33 months. For applicants within the UK, the initial duration is usually 30 months.

When can I apply for an extension of the parent of a British child visa? You may apply for a visa renewal within 28 days before your current leave to enter or remain as a parent of a British child expires.

Is it possible to apply for this visa under the Priority or Super Priority Service? Yes, you can expedite your application under the Priority or Super Priority Service. For applications made from outside the UK, Priority Service offers a decision within 30 working days. In-country applications using the Super Priority Service can receive a decision within 24 hours.

What constitutes sole or shared parental responsibility for entry clearance? To qualify, you must have either sole or shared parental responsibility for your child. If sharing this responsibility, the other parent must not be your partner. The other parent should be:
1- A British or Irish citizen;

2- Settled in the UK (e.g., holding indefinite leave to remain, settled status, or proof of permanent residence);

3- From the EU, Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status, having started living in the UK before 1 January 2021. If the child resides with the other parent or carer, you must have agreed-upon in-person access or a court order allowing access. Additionally, you must demonstrate an active role in the child’s upbringing and commit to continuing this role.

What is the adequate maintenance and accommodation requirement? Applicants must show they can adequately maintain and accommodate themselves and any dependents in the UK without resorting to public funds. Accommodation must be adequate, meaning it is not overcrowded and complies with public health regulations.

Will I be permitted to work in the UK on this visa? Yes, full-time work is allowed on a parent of a British child visa, whether employed or self-employed.

When can I apply for a visa renewal after being granted one from outside the UK? You can apply for an extension or renewal 28 days before reaching 30 months in the UK, counting from your first entry date under this visa category. Our swift family visa lawyers can expedite your renewal application, ensuring a decision within 24 hours.

Can I switch from a spouse or partner visa to a parent of a British child visa within the UK? Yes, it is common for individuals with a spouse or partner visa to switch to this visa category if their relationship with the child's other parent irreparably breaks down. If the other parent opposes direct contact with your child, you may seek a Child Arrangements Order from the family court, which can serve as a basis for switching to this visa. However, the time spent under a spouse visa will not count toward the 5-year period required for ILR under the parent of a British child visa route.

Can I apply for an extension of the 5-year route visa through Super Priority Service? Yes, you can extend your 5-year route visa through the Super Priority Service, receiving a decision within 24 hours. Our family visa solicitors in London are registered with the Home Office and UK Visas & Immigration (UKVI) to offer this expedited service, ensuring you avoid long wait times for your application decision.