A child is generally applicant below under the age of 18 years. A child can enter the UK or apply for leave to remain in different categories of the immigration rules. Generally, it depends on the immigration status of the parent under which category the child can apply for entry clearance of leave to remain under. 

In this guide we are providing details of all applicable categories, which are – 

1. Under paragraph 297 of the immigration rules, this is only for people who are British citizens or hold settlement (ILR) in the UK. 

Generally, if both the biological parents are in the UK, the  application is straight forward, however, if only one parent is in the UK, then that parent generally needs to establish that they have sole responsibility for the child.

2. An application under Appendix FM of the immigration rules can be made by the child on in two possibilities – 

Firstly on the basis that the child’s parent is joining their partner in the UK for example of the parent of the child gets married to someone in the UK who are settled or British and they are making an application under Appendix FM. Then the child will need to prove that they have not made an independent family unit. 

The patent must have sole responsibility of the child or there are compassionate and compelling circumstances. 

Secondly, if the parent is in the UK and holding leave under Appendix FM and they have a child who is outside the UK. The parent will generally need to prove that they have sole responsibility of the child. 

            The child is generally granted stay in line with the parent on Appendix FM route.

3. Children under Skilled Worker Route – The child under the skilled worker route must be joining both their parents or if the child is joining a single parent then the parent must have sole responsibility of the child or there must be compassionate and compelling circumstances. 

However, if your child is 18 or over and dependent on you, they can only apply for permission to stay in the UK on a family visa, which started when they were under 18.

Please note that the scope of this article is limited to bringing children under 18 to the UK who were born outside the UK. 

How to apply?

You will need to prepare information and submit evidence with the application.

If the child applies at the same time as you, the form needed to be filled in depends on whether you are applying to enter the UK as the partner of a British citizen or someone with ILR or EUSS - Settled status in the UK.

If you are applying as one of these, you must fill in the Appendix FM online form.

If the child applies separately, the form they will need to fill in depends on whether you have permission (leave to enter or remain) in the UK on a 5 or 10-year route to settlement as the partner of a British or Irish citizen or a person with ILR or EUSS- Settled status in the UK. 

If you do, you must fill in the Appendix FM online form.

Submit the documents

Depending on which route you are applying under the documents requirement changes, if under Appendix FM you will need to meet the financial requirement and if you are applying under paragraph 297 then you will need to meet the maintenance and accommodation requirement. 

You must show proof of adequate housing through documents such as a tenancy agreement or property ownership documents, a letter from the landlord (if renting), or a property inspection report (recommended). 

You will need to show evidence of living arrangements for the child, especially if the child applies later. For example, proof that the child will live with you in the UK, school arrangements (if known), or an explanation letter (cover letter).

You will need to provide details of your children (and your partner’s children if you have one). You will be asked about all children, including those who are not applying.

Pay the application fee

The cost of bringing your child to the UK is £2,064per person.

There will also be a health surcharge to be paid, which is £776 for each child under 18 each year.

Wait for a decision

You will usually get a decision from the Home Office within 12 weeks.

You may be able to pay to get a faster decision.

How long can the child stay?

The child is usually granted leave in line with the parent. In most family visa cases (e.g., parent on spouse/partner route), this is 2 years and 9 months (33 months).

How can Visa and Migration help?

If you want to bring your child to the UK to live with you, you need to understand the complexities of your case. We are well-versed with the UK immigration rules, and we have helped many families to let their child join them in the UK. 

We can help you with checking your and your child’s eligibility, preparing the information and evidence required for the application, handling any queries from the Home Office, avoiding delays in your application processing, and finally getting a valid family visa so that you can live with your child in the UK.

If you need quick advice on bringing children to the UK on a Family Visa, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com