Understanding the Federal Skilled Worker Program

These criteria include requirements regarding your immigration status, financial stability, and English language proficiency. This application is typically made after a relationship breakdown with the other parent of the qualifying child. You would use the FLR (M) application form to apply. If successful, you will receive a 30-month leave to remain under this visa category. For faster processing, you can opt for the Super Priority Visa Service, which provides a decision within 24 hours.

Free Immigration Advice for Switching to the Parent of a British Child Visa (5-Year Route)

Our team of family visa solicitors offers complimentary online immigration advice regarding your application to switch to a Parent of a British Child visa under the 5-year route. You can ask our specialist solicitors questions online for free, or schedule an online appointment for detailed immigration advice and consultation on your application.

Expert Solicitors for Switching to the Parent of a British Child Visa (5-Year Route)

Our team specializes in assisting clients with switching to a Parent of a British Child visa under the 5-year route from within the UK. We provide expert legal advice and representation on a fixed-fee basis, ensuring you have all the support needed for your application.

Costs for Switching to the Parent of a British Child Visa (5-Year Route)

Our Fixed Fees:

The cost for our services ranges from £1,000 + VAT to £1,500 + VAT, depending on the complexity of your case. This fee covers all aspects of the application process, including advising on and checking documents, completing and submitting the application, booking biometrics appointments, and following up until the Home Office reaches a decision.

If you're unable to afford the full service, you can opt for a one-off immigration consultation for £100 (including VAT) or a document-checking service for £300 (including VAT).

UKVI Fees:

In addition to our fees, you must pay the UKVI application fee of £1,048 and an Immigration Health Surcharge (IHS) of £2,587.50, bringing the total to £3,635.50. For a quicker decision, you can also pay £1,000 for the Super Priority Service.

Steps to Apply for the Parent of a British Child Visa (5-Year Route) To apply, follow these steps:

1. Complete the FLR (M) application form online on the UKVI website.

2. Pay the application fee and the Immigration Health Surcharge (IHS).

3. Schedule your biometrics appointment via the UKVCAS web portal.

4. Upload all required supporting documents before your biometrics appointment.

5. Attend the biometrics appointment, bringing your BRP card, passport, and appointment letter.

6. Await the decision, which typically takes 3 to 6 months with standard processing or 24 hours with Super Priority Service.

Timing for Applying for the Parent of a British Child Visa (5-Year Route)

You can apply for this visa at any time after the breakdown of your relationship with the other parent of your child. There's no need to wait until 28 days before your current leave expires, or until you are divorced if you are legally married to the other parent. Ensure you meet all the requirements in Appendix FM of the Immigration Rules before applying.

Super Priority Service for Switching to the Parent of a British Child Visa (5-Year Route)

As experienced family visa solicitors, we are registered with the Home Office and UK Visas & Immigration (UKVI) to offer the Super Priority Service. This service allows for a decision on your application within 24 hours. Our team can help you prepare and submit your application quickly, avoiding long wait times.

Requirements for Switching to the Parent of a British Child Visa (5-Year Route)

To apply, you must meet the following requirements as per Appendix FM of the Immigration Rules:

You and your child must be in the UK.

You must submit a valid application.

You cannot apply if you are in the UK as a visitor, have leave for 6 months or less (unless pending family court or divorce proceedings), or are in breach of immigration laws.

Your child must be under 18, living in the UK, and either a British citizen, settled in the UK, or have lived in the UK for at least 7 years.

Additionally, you must either have sole parental responsibility, the child must live with you, or you must have direct access to the child as agreed with the other parent or ordered by a UK court. You must also provide evidence that you play an active role in your child's upbringing, can maintain and accommodate yourself and any dependents without public funds, and meet the English language requirement (CEFR level A1).

What Does Sole or Shared Parental Responsibility for a Child Entail?

To qualify for a parent of a British child visa, you must demonstrate either sole or shared parental responsibility for your child. If you share parental responsibility, the other parent must not be your partner. Additionally, the other parent must either:

Be a British or Irish citizen.

Have settled status in the UK, such as indefinite leave to remain or settled status.

Be from the EU, Switzerland, Norway, Iceland, or Liechtenstein and have pre-settled status, having started living in the UK before January 1, 2021. If the child resides with the other parent or carer, you must have in-person access to the child, as agreed with the other parent or carer or by a court order. Furthermore, you need to provide evidence that you are actively involved in your child’s upbringing and intend to continue this involvement after applying for the visa.

What Is the Adequate Maintenance Requirement?

To meet the financial criteria for switching to the parent of a British child visa under the 5-year route, you must satisfy the adequate maintenance requirement. The UK Home Office uses a specific formula to assess whether your financial situation meets this requirement:

A – B ≥ C (A minus B is greater than or equal to C)

Where:

A represents your net income after deducting income tax and National Insurance contributions.

B accounts for your housing costs, including rent and council tax.

C is the amount equivalent to Income Support that a similar-sized British family would receive.

You must provide proof that you can adequately support and house yourself and any dependents in the UK without relying on public funds.

UK without relying on public funds

What Is the Adequate Accommodation Requirement?

You are required to submit specified evidence demonstrating that there is adequate accommodation for your family in the UK. This includes all family members, even those not included in the application but who live in the same household. The accommodation must be:

Not overcrowded.

Compliant with public health regulations.

What Is the English Language Requirement?

Applicants must provide evidence of meeting the English language requirement, which can be fulfilled in the following ways:

Being a national of a majority English-speaking country.

Passing an English language test in speaking and listening at a minimum of level A1 on the Common European Framework of Reference (CEFR) with an approved provider by the Home Office, UKVI.

Holding an academic qualification recognized by UK Ecctis as equivalent to a UK Bachelor's, Master's, or PhD, taught in English.

Being exempt from the English language requirement due to age (65 or older), a disability that prevents meeting the requirement, or exceptional circumstances.

What Is the Immigration Status Requirement for Switching to the Parent of a British Child Visa (5-Year Route)?

To successfully switch to the parent of a British child visa (5-year route), your current immigration status must meet specific requirements. You must not be in the UK as a visitor, or with valid leave granted for six months or less, unless that leave was granted pending the outcome of family court or divorce proceedings.

Can You Switch from a Spouse Visa to a Parent of a British Child Visa (5-Year Route)?

If you are currently in the UK on a spouse visa and your relationship with your British or settled spouse has irretrievably broken down, you can apply to switch to the parent of a British child visa (5-year route) during the validity of your spouse visa, provided you have parental responsibility or access rights. We can assist in preparing and submitting your application, including through the Super Priority Service, which offers a decision within 24 hours. Can You Switch from the 10-Year Route to the 5-Year Route for a Parent of a British Child Visa? If you are currently on a 10-year route parent visa, you may switch to the 5-year route once you meet the financial and English language requirements. It is recommended to switch as soon as you are eligible since the time spent on the 10-year route does not count towards the 5-year route for Indefinite Leave to Remain (ILR). We can help you with a fast-track application through the Super Priority Service.

Reapplying After a Refusal for the Parent of a British Child Visa

If your application for switching to the parent of a British child visa was refused, you might be eligible to reapply. Ensure that your new application meets the requirements outlined in paragraph 39E of the Immigration Rules. Consider using the Super Priority Service for a faster decision.

Appealing Against a Refusal Decision

Should your application be refused, and you have been granted the right to appeal, you can file an appeal with the First Tier Tribunal within 14 days of the refusal decision. The appeal can argue that the refusal was against the rules or violated your right to private and family life under Article 8 of the European Convention on Human Rights (ECHR). Our expert solicitors can represent you in this appeal process.

How We Can Assist You

Our experienced family visa solicitors can provide comprehensive legal assistance for your application to switch to a parent of a British child visa. We offer a fixed-fee service and will handle every aspect of your application, from initial advice to the final decision by the Home Office UKVI.

UK without relying on public funds

Why Choose Us?

We offer: High-quality legal services provided by experienced family visa solicitors.
Remote services, enabling you to receive expert legal assistance without needing to visit our office.
Availability 7 days a week.
All work is carried out by qualified specialist immigration solicitors.
Fast-track services, including the Super Priority Visa Service.
Free one-off immigration advice online.
Affordable fixed fees with flexible payment options.
Additional Related Services
We also provide services for:
Entry clearance for the parent of a British child visa.
Switching to the parent of a British child visa (10-year route).
Extensions for parent of a child visa (5-year and 10-year routes).
ILR as a parent of a British child (5-year and 10-year routes).
Family visas.
Immigration appeals.

Frequently Asked Questions (FAQs) for Switching to a Parent of a British Child Visa (5 Years Route)

Yes, you can apply for the parent of a British child visa from within the UK using the Super Priority Service, which guarantees a decision within 24 hours. As experienced family visa solicitors based in London, we are registered with the Home Office and UK Visas & Immigration (UKVI) to offer this expedited service. By utilizing the Super Priority Service, we can help you receive a decision on your application much faster, saving you from waiting for months or even years.

To switch to a parent of a British child visa under the 5-year route, you must meet the following requirements as outlined in Appendix FM of the Immigration Rules:

Both you and the child must be present in the UK.

You must submit a valid application.

You must not be in the UK as a visitor or with valid leave granted for a period of 6 months or less, unless granted pending family court or divorce proceedings.

The child must be:

o Under 18 years old at the date of application.

o Residing in the UK.

o A British citizen, settled in the UK, or in the UK with limited leave under Appendix EU, or

o Have lived in the UK continuously for at least 7 years immediately preceding the date of application, with paragraph EX.1. applying.

You must either have sole parental responsibility for the child, or the child must normally live with you and not with their other parent (who must be a British citizen, settled in the UK, or in the UK with limited leave under Appendix EU).

Alternatively, the parent or carer with whom the child normally lives must be a British citizen in the UK, settled in the UK, or in the UK with limited leave under Appendix EU, and not your partner.

You must provide evidence that you either have sole parental responsibility for the child or that the child normally lives with you, or that you have direct access (in person) to the child as agreed with the other parent or as ordered by a UK court.

You must demonstrate that you are actively involved in the child’s upbringing and intend to continue this role.

You must provide evidence that you can adequately maintain and accommodate yourself and any dependents in the UK without accessing public funds.

You must show that there will be adequate accommodation for the family in the UK, without reliance on public funds, and that the accommodation will not be overcrowded or in violation of public health regulations.

You must meet the English language requirement, demonstrating proficiency at CEFR level A1 as required by the UK Immigration Rules.

Yes, it is common for individuals on a spouse/partner visa to switch to a parent of a British child visa if their relationship with the other parent breaks down irretrievably. If the other parent disagrees with you having direct contact with your child, you may apply for a Child Arrangements Order in the family court, which can serve as the basis for switching to a parent of a child visa. Note that your qualifying time for Indefinite Leave to Remain (ILR) under the 5-year route will start anew once you switch to this visa route; time spent under the spouse visa route does not count toward the 5-year period for ILR.

Your application may be refused on discretionary grounds if any of the following apply:

False information, representations, or documents have been submitted in relation to the application, or there has been a failure to disclose material facts.

A maintenance and accommodation undertaking requested under paragraph 35 of the Immigration Rules has not been provided.

The Secretary of State has given notice that you or your partner have not complied with an investigation into your proposed marriage or civil partnership.

You have made false representations or failed to disclose material facts in a previous application for entry clearance, leave to enter, leave to remain, or a variation of leave.

You have previously made false representations or failed to disclose material facts to obtain a document indicating your right to reside in the UK.

You have failed to pay litigation costs awarded to the Home Office.

A relevant NHS body has notified the Secretary of State that you have failed to pay charges in accordance with NHS regulations, with outstanding charges totaling at least £500.



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