A non-British parent can exercise their right of access to their child/children who are resident in UK. There is this provision offered to such parent by UK immigration rules. A single non-British parent can apply for leave to enter or remain in UK on the basis of their family life with a British or settled child who is living in the UK. This application can only be made by all single parents. Those who are still in a relationship with the other parent cannot apply as parent but they can apply as a partner. Single parent can be a stepfather, stepmother or adoptive parent.
Family life as a parent visa
Those single non-British parent whose child is resident in UK, can apply for family life as a parent visa to join their child in UK to raise them. However, such parent must have sole parental responsibility of the child, or be normally living with the child, or they must have direct contact with the child.
There are conditions to be met for this. Parent needs to meet below conditions:
- You need to have sole responsibility of the child.
- You need to have shared parental responsibility for your child and in that situation other parent of the child must not be your partner and they must be settled in UK or a British Citizen.
- If the child is living with their other parent or care taker in UK, then you must have access to the child in person, as a result of an agreement with the other parent or care taker or by a court order.
- You must be able to prove that you have active relationship with your child in their up-bringing.
- You must also prove that you are able to meet maintenance and accommodation cost for yourself, the child, and any other children that you care for.
- You must have good knowledge of English language.
You must meet above conditions to be eligible to apply as a parent for family life in UK. However, even if you don’t meet above conditions still you can extend your permission to stay in UK if:
- Your child living in UK is a UK British citizen or has lived in UK for 7 years or more.
- It would not be reasonable for them if they leave UK.
You can apply as a single non-British parent to live with your child in UK. However, your child must meet following conditions:
- Your child must be under 18 on the date of your application or they must have been under 18 when you first applied for the visa and not living an independent life, or
- Your child is living an independent life in UK. This can be like your child left home, got married and had children.
- Your child must live in the UK. And along with this one of the following must also be true:
- Your child is a British citizen.
- Your child is settled in the UK which means they have ‘indefinite leave to remain’ or proof of permanent residence.
- if you are applying in the UK, then your child must have lived for 7 years or more continuously in the UK and it would be unreasonable for them to leave
Once you apply for Family life as a parent visa and your visa application is successful you will be allowed to stay in UK for 2.5 years. After this time period you need to apply for extension. Also if you complete 5 years continuously in UK as a parent then you become eligible to apply for indefinite leave to remain in UK or to settle down in UK.