Child of a Partner or Parent Visa

This visa route is for children who wish to join or remain with a parent who holds, or is being granted, a Partner or Parent Visa under Appendix FM of the Immigration Rules. It allows the child to enter the UK alongside their parent or to join them after they have already been granted leave.

If the child is already a British citizen or holds indefinite leave to remain, no visa is required.

Eligibility Requirements

To qualify for a Child of a Partner or Parent Visa, you must show that your child is outside the UK (if applying for entry clearance) and is under 18 at the date of application. Your child must not have formed an independent family unit and must not be leading an independent life.

One of the child’s parents must either be in the UK with a Partner or Parent Visa under Appendix FM, or be outside the UK and being granted such a visa at the same time.

You must also satisfy one of the following relationship conditions:

The partner of the child’s parent is also a parent of the child; or
The child’s parent has had and continues to have sole responsibility for the child’s upbringing; or
There are serious and compelling family or other considerations that make exclusion of the child undesirable, with suitable care arrangements in place.

In addition, you must meet the financial requirement and accommodation requirement.

Relationship Requirements

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 a common issue in cases where parents are separated or where the child has been living with one parent for an extended period.

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

The financial requirement depends on whether the child is applying as the child of a parent (under the Parent route) or as the child of a partner (under the Partner route).

Where the parent holds a Parent Visa

If the parent has been granted or is applying for a Parent Visa, the family must show that they can be adequately maintained in the UK 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.

Where the parent holds a Partner Visa

If the parent holds or is applying for a Partner Visa, the financial requirement is an annual income threshold of £29,000. This can be met through employment, self-employment, pension income, non-employment income, or cash savings held for at least six months.

Where the parent’s partner is in receipt of certain state benefits, a different test applies based on adequate maintenance rather than a fixed income threshold.

The rules around the financial requirement are complex and the evidence requirements are strict. Failure to provide the correct documentation is a common reason for refusal.

Accommodation Requirement

You must show that there will be adequate accommodation for the family 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 children applying under this route. The Home Office fee for an application made outside the UK is currently £1,846. For applications made inside the UK to switch into or extend this category, the fee is £1,048. Priority and super-priority services are available for an additional fee.

Duration of Leave and Settlement

If successful, the child will be granted leave that expires on the same date as the parent’s visa. Before that leave expires, an application to extend must be made. Extensions are usually granted for 30 months or to align with the parent’s leave.

The child will qualify for indefinite leave to remain once they can meet the requirements under Appendix Settlement Family Life. This typically requires that the parent holds settled status and that the child continues to meet the relationship and other requirements.

Switching Into This Route From Within the UK

A child already in the UK can switch into the Child of a Partner or Parent route provided they are under 18 at the date of application. The same eligibility requirements apply, and the application must be made before the child’s current leave expires. Overstaying, even by a short period, can affect eligibility and may lead to refusal.

How We Can Help

Our immigration barristers have extensive experience assisting families with Child of a Partner or Parent Visa applications. We can advise on eligibility, gather and present the required evidence, and prepare and submit applications on your behalf.

We also assist with:

Property inspection reports – arranging for a qualified surveyor to produce a report confirming that accommodation meets the requirements
Extension applications – helping children nearing the end of their initial grant of leave to apply for further leave
Refusals and appeals – if an application has been refused, we can advise on fresh applications or challenging the decision before the Immigration Tribunal

Contact Us

To discuss a Child of a Partner or Parent 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.