Child Visas

The UK immigration rules provide several routes for children to join or remain with parents or relatives in the United Kingdom. The appropriate route depends on the immigration status of the parent or relative, whether they are settled in the UK, and whether they are applying for leave under a route that leads to settlement.

If the parent holds or is applying for leave as a Partner or Parent under Appendix FM, the child should apply for a Child of a Partner or Parent Visa. If the parent holds or is applying for leave under the Points-Based System, the child should apply as a PBS Dependent. This page covers the routes available where the parent holds limited leave on another settlement route, or where a parent or relative is already settled in the UK or being admitted for settlement.

If the child is already a British citizen or holds indefinite leave to remain, no further visa is required to enter or stay in the UK.

Child of a Parent with Limited Leave on a Settlement Route

This route is intended for children whose parent is being granted, or has already been granted, limited leave to enter or remain on a UK immigration route that leads to settlement. It applies where the parent’s route is not as a Partner or Parent under Appendix FM and not as a Points-Based System migrant.

To qualify, you must show that your child is under 18, has not formed an independent family unit, and is not leading an independent life. In addition, one of the following must apply:

One parent is settled in the UK or is being admitted for settlement on the same occasion, while the other parent holds or is being granted limited leave on a settlement route; or
One parent holds or is being granted limited leave on a settlement route and has sole responsibility for the child’s upbringing; or
One parent holds or is being granted limited leave on a settlement route, and there are serious and compelling family or other considerations that make the child’s exclusion undesirable, with suitable care arrangements in place.

You must also meet financial and accommodation requirements.

Child of a Parent or Relative Present and Settled in the UK

This route applies where a child seeks indefinite leave to enter the UK to join a parent or relative who is either already settled in the UK or is being admitted for settlement on the same occasion. It covers cases where the parent or relative’s status is not as a Partner or Parent under Appendix FM and not under the Points-Based System.

The eligibility requirements are similar but adapted for settlement. You must show that your child is under 18, has not formed an independent family unit, and is not leading an independent life. The following relationships are accepted:

Both parents are settled in the UK or being admitted for settlement together; or
One parent is settled and the other is being admitted for settlement; or
One parent is settled or being admitted for settlement and the other parent is deceased; or
One parent is settled or being admitted for settlement and has had sole responsibility for the child’s upbringing; or
A parent or relative is settled or being admitted for settlement and there are serious and compelling family or other considerations that justify the child’s admission, with suitable care arrangements in place.

Financial and accommodation requirements must also be satisfied.

Key Definitions and Requirements

Independent Family Unit and Independent Life

A child is not eligible if they have formed an independent family unit, for example by living with a spouse or partner. Similarly, a child who is leading an independent life will not qualify. This means the child should generally be living with their parent or relative, not be in full-time employment, and be financially and emotionally dependent on them. Attendance at boarding school is an exception.

Sole Responsibility

Sole responsibility means that one parent has effectively taken over all decision-making for the child, with the other parent having no involvement. The Home Office will expect to see evidence that you have had and continue to have day-to-day care and control of the child, and that the other parent does not share in that responsibility. This is often a key issue in single-parent cases.

Serious and Compelling Considerations

Where the usual relationship requirements are not met, the child may still qualify if there are serious and compelling family or other considerations. The Home Office will assess what is in the child’s best interests. Family considerations look at the child’s emotional needs and family ties. Other considerations might include the social and economic environment in the child’s home country, evidence of neglect or abuse, or other unmet needs. Where this ground is relied on, you must also show that suitable care arrangements are in place in the UK.

Financial Requirement

For both routes, you must show that the child will be adequately maintained without recourse to public funds. The Home Office applies a formula: your net income after accommodation costs must equal or exceed the amount a UK family would receive under income support. Savings can also be taken into account, divided by the length of the leave being sought.

Accommodation Requirement

You must also show that there is adequate accommodation for the child in the UK, that you own or occupy it exclusively, and that it will not be overcrowded or fall foul of public health regulations. Evidence of ownership, tenancy, or permission to live in the property will be required.

English Language and Application Fees

There is no English language requirement for child visa applicants. The Home Office fee for an application made outside the UK is currently £1,523, while applications made inside the UK to switch into or extend this category cost £1,033. Priority and super-priority services are available for an additional fee.

How We Can Help

Our immigration barristers have extensive experience assisting families with child visa applications. We can advise on eligibility, gather and present the required evidence, and prepare and submit applications on your behalf. If your application has been refused, we can also advise on fresh applications or appeals.

We also assist with:

Child of a Partner or Parent Visas – for children joining parents who hold or are applying for Partner or Parent visas under Appendix FM
PBS Dependent Visas – for children of Points-Based System migrants
Appeals and Judicial Review – if a child visa application has been refused, we can advise on challenging the decision before the Immigration Tribunal or High Court

Contact Us

To discuss a child visa application with one of our barristers, please contact our clerking team at clerks@londonviewchambers.co.uk or on 0044 20 7183 4797. We offer fixed fees agreed in advance and accept instructions directly from the public through our direct access scheme.