Parent Of British Citizen Child Or Child Having Spent 7 Years In The UK

Parent of Child Applications – 10 years Route

Prior to 09 July 2012, the applicants were able to make an application on the basis of the fact they had established private and family life in the UK through the course of their residence, work, having children in the UK and having strong connections with this country. The applications were usually made under Article 8 of the Human Rights Act 1998.


From 09th of July 2012, the home office has categorised such cases and brought these matters to be considered under the immigration rules. Now, in order to make any application on the basis that the applicant has a child who is either a British citizen or has lived at least 7 years of his life in the UK, the application must be able to fulfill the relevant requirements of the immigration rules.


Initial Application

The applicant needs to make sure that he fulfils all the requirements of this application and is able to provide the relevant documentary evidences confirming the same. We discuss in detail about the background information of each and every case, advise our clients about the relevant documents, complete the application and draft our detailed representations in support of such cases, as it is really important to have all aspects of this visa application addressed fully.


If approved, the applicant will be given 30 months of leave on 10 years route, which means that he would need to apply for extension of his leave to remain for at least 3 more times in order to complete 10 years of legal and continuous residence in the UK.


This is a complex part of immigration law and we strongly advise to seek professional help from.


Factors to be considered


The home office considers the following factors while make a decision on an application made on the basis of having a British citizen child or a child who has spent at least 7 years of his life in the UK:


1.    Does the applicant have a parental relationship of the applicant with the child?
2.    Is the relationship genuine and subsisting?
3.    Is the child a British citizen or has the child lived continuously in the UK for 7 years?
4.    Will the consequences of the refusal of the application be that that child is required to leave the UK?
5.    Would it be reasonable to expect the child to leave the UK?


Having children who have spent 7 years of life in the UK does not automatically make the applicants eligible for this visa and it is really important to make best possible case for the application to be granted. We urge our clients to provide all the background information, all the possible relevant documents allowing us to advise and make appropriate representation. On that basis, we have had several such applications approved without the home office asking for any further information or documents.

You can apply to come to, remain in or become permanently settled in the UK if you have a child who is either a British Citizen or is settled in UK. You may also qualify for the visa if you and your child are in UK and your child has lived here for 7 years.

 

Getting ‘Parent of a Child’ Visa


You can get the ‘parent of a child’ visa if you:


1.    are outside the UK
2.    made a valid visa application as parent
3.    meet suitability requirements in Section S-EC Appendix FM
4.    meet the following legal requirements

 

Relationship requirements


You must be aged 18 or over, and your child must be:


1.    under 18
2.    living in UK
3.    Or a British Citizen or settled in UK


You must also have “sole parental responsibility” for the child; or the other parent or carer with whom the child normally lives must be:

1.    A British Citizen in UK or settled in UK;
2.    Not your partner; 
3.    And you must not be eligible to apply for a partner visa.


You must also provide evidence that:


♠ you have sole parental responsibility for your child; or
♠ have access rights to your child, and you must provide evidence that you are taking an active role in the child’s upbringing and intend to continue to do so.

 

Financial requirements

You must evidence that you will be able to adequately maintain and accommodate yourself and your child in the UK without recourse to public funds. You must also evidence that you will have adequate accommodation available in the UK, without recourse to public funds, for the family, which the family own or occupy exclusively and that such accommodation will not be overcrowded or contravene public health regulations.

 

English language requirement


You must provide evidence that you:


1.    are a national of a majority English speaking country specified in Immigration Rules
2.    have passed an English language test in speaking and listening at a minimum of level A1 of CEFR with an approved provider
3.    have an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English
4.    are exempt from the English language requirement because you are aged 65 or over, or have a disability (physical or mental condition) which prevents you from meeting the requirement; or there are exceptional circumstances which prevent you from being able to meet the requirement.

 

Super Priority Service

Super Priority service is also available for initial and extension applications and the applicants generally receive the decisions within 24 hours. We have dome numerous applications successfully using super priority service and rightly placed to advise and represent our clients who are eligible for initial or extension application on such basis.

 


Extension Applications

If initial application has been approved, the applicant will need to apply for extension of his visa for another 30 months which is granted on the same basis. Such applications may also be made using UK Visa premium service.

 

Why You Should Contact International Immigration Regarding This Case?


Ms Maeda Mobayyen, Principal Solicitor at International Immigration, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws.

Whether you are a small to medium sized business in need of skilled workers in your UK office, or a global corporation that need to transfer staff from one country to another, our specialist team of immigration solicitors can help.

We have the benefit of regulation with the Office of Immigration Services Commissioner (OISC).


Our solicitors combine an in-depth knowledge of the law and its practical application to your case, with a firm belief in your right to legal assistance and to committed representation throughout your matter. Our solicitors place service to the public above all else and are able to advise on the best possible course of funding in the event you do not qualify for legal aid. Our rates are competitive and we can also explore the opportunity to fund your case on a fixed fee basis.

 

Our Immigration Solicitors will provide the best possible Immigration advice / consultation under direct supervision of Maeda Mobayyen. 

 

After consultation, if you wish us to start preparing your case, you can expect the followings from our us:


•    Our immigration solicitors will discuss the details about your immigration case, assess and advise you on the law, procedure and other requirements for the process.

•    Our immigration solicitors will liaise with the immigration officer for expeditious decision on the application;

•    Our immigration solicitors shall keep you updated on the progress of your immigration matters.

•    Our immigration solicitors will advise you about the implications of the Home Office decision on your application.

•    Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your application for retaining your right of residence;


Our immigration solicitors are specialist immigration solicitors who are able to handle all types of immigration work including


•    Immigration bail applications 
•    Immigration Appeals
•    Judicial Reviews
•    Indefinite Leave to remain applications, 
•    further leave to remain applications,
•    EEA applications 
•    Settled and Pre-settled applications 
•    entry clearance applications, 
•    Our immigration solicitors are some of the best solicitors in London.

•    Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your application for retaining your right of residence;

•    In International Immigration we have been teamed up with the some of the best immigration barristers in and outside London who are specialist in immigration matters. 

•    We will help you pay the spouse visa application fee and the Immigration Health Surcharge (IHS) for the spouse visa application;


You can reach International Immigration on 07587691074 or info@internationalimmigration.co.uk


We Will Handle Your Case As If Its Our Own!