Pre 2012 the route used to be called Right to Access the child and now this has been renamed to family life as a parent.
A non-British parent can exercise their right of access to their child/children (under 18 years) who are resident in the UK and are a British citizen or settled in the UK. A single non-British parent can apply for leave to enter or remain in the 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 a single parent/s. Those who are still in a relationship with the other parent cannot apply under the parent route they should rather submit an application under the partner route.
Family life as a parent visa
Those single non-British parent whose child is resident in the UK can apply for family life as a parent visa to join their child in the 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.
Parent’s route requirements
The conditions to be met are:
- You need to have the sole responsibility for the child; or
- You need to have direct access to your child and in that situation, another parent of the child must not be your partner.
- In order to prove direct access to the child, you must provide evidence from the court or agreed with another parent
- You must be able to prove that you have an active involvement in the upbringing of the child.
- 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 fulfill the English Language requirement at Level A 1 of the CEFR (only applicable to 5-year route).
You must meet the above conditions in order to submit an application as a parent in the UK. However, even if you don’t meet the above conditions still you can extend your permission to stay in the UK if:
- Your child living in the UK is a UK British citizen or has lived in the UK for 7 years or more.
- It would not be reasonable for them to leave the UK and continue their life outside the UK.
Once you apply for Family life as a parent visa and if your application is successful you will be granted a stay in the UK for 2.5 years. After this time period, you need to apply for an extension. Also if you complete 5 or 10 years continuously in the UK as a parent then you become eligible to apply for indefinite leave to remain in the UK.
If you are looking to submit an application under this route, please contact Visa and Migration Ltd for professional advice on your application and process.