The Home Office established the Parent Route under Appendix FM of the Immigration Rules. The ELTRPT section (i.e. Eligibility Leave to Remain as a Parent) is meant for adults (over 18) who have a child in the UK. The child must be settled in the UK or be a British Citizen.
If the child is living with the parent applying for leave to remain in the UK, they will need to establish that they have sole custody of the child. Sole Custody can be given by a court or the other parent may have passed away or nowhere to be found. Sole custody makes the person a primary carer of the child and makes all decisions in connection with the child’s upbringing.
If the parent of the child does not have sole custody then they should have a court order to show that they have direct access to the child. This can be done by way of applying for a child contact order from the family court.
Alternatively, the parent may have a mutual agreement with the other parent with whom the child lives confirming that the parent applying for leave to remain in the UK has access to the children.
In any event the parent applying for leave to remain in the UK will need evidence that they have continue to play an active role in the upbringing of the child.
There are also financial requirements to be met by the parent applying under this route. They should be able to maintain and accommodate themselves and any dependents without recourse to public funds. The financial requirement can be exempted unless EX1 is applied. EX 1 is applicable if the children are aged 7 years or above or a British Citizen and the applicant and the family cannot reasonably relocate.
Should you be looking into making an application for leave to enter or leave to remain as a parent of the child in the UK, please do not hesitate to get in touch.