10-year parent Route Application Process, Exceptional Circumstances & Eligibility

A foreign parent wishing to come to or stay in the UK with their child, who is either a British citizen or settled in the UK, can apply as a parent under the UK family route.

The United Kingdom offers two routes to settlement in the UK on the basis of family life as a partner or parent. These are the 5-year route and 10-year route. The 10-year route is for:

• A partner, parent, or child who meets all suitability criteria under family life and certain eligibility criteria, and EX.1. applies under Appendix FM.

• Those who have exceptional circumstances

An application for a 10-year parent route is usually made by those qualifying parents who cannot meet the financial eligibility, immigration status, or English language criteria.

A “Parent” means:

• A biological parent; and

• A legal parent (including the birth mother the child is not genetically related to), spouse (husband), or civil partner of the birth mother of the child at the time of the child’s birth, and a person with a parental order

• An adoptive parent:

(i) is a person who, when habitually resident outside the UK, adopted a child where the child was adopted in accordance with a decision taken by the court or competent administrative authority in a country whose adoption orders are recognised by UK law; or

(ii) is a person whose adopted child has obtained leave from the Home Office under Immigration Rules Appendix Adoption, or Part 8 of these Immigration Rules, and, if applicable, the child’s adoption has been formally completed in the UK.

Family life as a parent – Suitability 

A person applying for family as a parent, whether on the 5-year route or the 10-year route, will normally need to meet the parent visa’s suitability requirements. If they fail to meet these requirements, they must be or may be refused entry clearance or permission to stay in the UK.

Family life as a parent – Eligibility

The eligibility criteria for entry clearance as a parent are set out in Appendix FM - paragraphs ECPT.1.1. to E-ECPT.4.2. and for leave to remain as a parent are set out in Appendix FM - paragraphs E-LTRPT.2.2. to E-LTRPT.5.2.

An applicant must fulfil all eligibility criteria as a parent to qualify for entry clearance to the UK or leave to remain here on the 5-year parent route.

Otherwise, to qualify for leave on a 10-year parent route:

• A person applying as a parent must satisfy all eligibility criteria and rely on other sources of income to fulfil the adequate maintenance and accommodation eligibility criteria because there are exceptional circumstances that are in accordance with Appendix FM – Paragraph GEN.3.1.

• An applicant satisfies some criteria but qualifies for an exception to certain criteria because Appendix FM – Paragraph EX.1. (a) applies. 

• An applicant satisfies some or no eligibility criteria, but there are exceptional circumstances that are in accordance with Appendix FM – Paragraph GEN.3.2.

Exceptional Circumstances

Where a parent is applying and there are exceptional circumstances, following consideration of GEN.3.2. and GEN.3.3. This means that refusal of entry clearance or leave to remain would be a breach of the applicant's right under Article 8 of the ECHR (European Convention on Human Rights), as the refusal could result in unjustifiably harsh consequences for the applicant, their family, or their child.

In such circumstances, the leave should be granted on the 10-year parent route.

Exceptions to certain eligibility criteria being met by a parent in the UK

Where an applicant in the UK is not a candidate to be granted leave on a 5-year route as a parent because certain eligibility - financial, suitable accommodation, English language, or immigration status - criteria are not met, they may still be granted leave on a 10-year route if Appendix FM – Paragraph EX.1. (a) applies.

• Paragraph EX.1. (a) (i) The applicant applying as a parent has a genuine and subsisting parental relationship with a child who-

• is under 18;

• is in the UK;

• is either a British Citizen or has lived in the UK continuously for 7 years or more immediately before the date of application; and

• Taking into account the child’s best interests as a primary consideration, it is not reasonable to expect them to leave the UK.

General

An applicant applying for entry clearance and leave to remain as the parent of a child living in the UK must be 18 or over on the date of application, and the child must:

• be under 18 years on the date of application; or

• have turned 18 years of age since the applicant was first granted leave as a parent under Appendix FM and 

• has not formed an independent family unit; or 

• be leading an independent life 

When applying for an entry clearance as a parent, the child in the UK must:

• Be a British citizen; or

• Be settled in the UK; or

• Be an EEA or Swiss national in the UK with limited leave (also known as ‘pre-settled status) under Appendix EU 

When applying for leave to remain as a parent, the child in the UK must:

• Be a British citizen; or

• Be settled in the UK; or

• Be an EEA or Swiss citizen in the UK with pre-settled status under Appendix EU; or

• Have lived in the country continuously for 7 years or more immediately before the date of application and Appendix FM - paragraph EX.1. applies.

For both seeking entry clearance and leave to remain as a parent, the applicant cannot be the partner of the other British citizen or settled parent or carer of the child with whom the child normally lives, and the applicant must not be eligible to apply for entry clearance to the UK or leave to remain here as a partner under Appendix FM.

Relationship with the Child

When applying for entry clearance as a parent of the child in the UK, the applicant must:

• have the child's sole parental responsibility; or

• have direct in-person access to the child, as agreed with the other parent or carer of the child with whom the child normally lives, or as ordered by a court in the UK. In such cases, the other parent or carer must be in the UK as either a British citizen or a settled person and not the partner of the applicant. Also, the applicant must not be eligible to apply for entry clearance as a partner under Appendix FM.

• When applying for leave to remain as a parent from within the UK, the decision makers must be satisfied that:

• The applicant has the child's sole parental responsibility 

• The child normally lives with the applicant and not their other parent (who is either a British citizen or is settled in the UK), and the applicant must not be eligible to apply for leave to remain as a partner under Appendix FM

• The other parent or carer of the child with whom the child normally lives must be a British Citizen, settled, or an EEA or Swiss national in the UK with limited leave (also known as ‘pre-settled’ status) under Appendix EU. In such cases, the applicant cannot be the partner of this parent or carer. Also, the applicant must not be eligible to apply for leave to remain as a partner under Appendix FM.

Immigration status of the applicant

A person applying for leave to remain as a parent must not be in the UK:

• as a visitor

• with valid leave for 6 months or less, unless that leave was granted pending the outcome of divorce proceedings or family court

• on Immigration Bail unless the Secretary of State is satisfied that the applicant arrived in the UK more than 6 months before the date of application and Appendix FM – Paragraph EX.1. applies. 

• Barring certain situations, in breach of immigration laws 

Applying for a UK Parent visa under the 10-year route

Applying for a UK Parent visa involves several steps. Here is a general outline of the application process:

1. Determine Eligibility

Before applying as a parent of a child in the UK, the applicant should ensure they are eligible. 

2. Gather Supporting Documents

For a successful parent route application, the applicant must provide supporting documents. 

Documents and evidence they need to provide include:

• Their valid passport

• Proof of the child's immigration status, such as their British passport (if the child is a British citizen).

• Proof of the applicant’s relationship with the child in the UK, such as a birth certificate or adoption papers

• Proof, if applicable, to demonstrate that the child normally lives with the applicant in the UK

• Proof of the immigration status of the other British citizen or settled parent or carer with whom the child in the UK normally lives and who is not the partner of the applicant parent, such as a British passport or eVisas.

• Where the applicant applying for entry clearance needs to show they have direct access to the child in person, they need to provide evidence such as a residence or contact order granted by a court in the UK

• Documents such as a letter from the child’s school confirming that the applicant takes them to school or goes to parent evenings, or a letter from the child’s health visitor, doctor, or confirming that the applicant parent takes them to appointments to show the applicant is taking an active role in their child’s upbringing and they plan to continue after they apply.

The applicant may be required to provide additional supporting documents depending on their circumstances.

3. Submit Online Application

The applicant must apply online through the UK government’s official website gov.uk. They will also need to pay the UK Parent visa application fee and IHS (Immigration Health Surcharge) at this stage. However, they may apply for a fee waiver if they cannot pay the fee for genuine reasons.

4. Attend Biometric Appointment

As part of the application, the applicant is required to prove their identity by enrolling their biometric information (fingerprints and facial photograph). When applying for entry clearance, they need to enrol their biometric information at a VAC (Visa Application Centre) in their home country. On the other hand, when applying for leave to remain, they need to do the same at a UKVCAS (UK Visa and Citizenship Application Services) service point in the UK.  

5. Wait for a Decision

When an application is made for entry clearance from outside the UK, it typically takes up to 12 weeks to process. On the other hand, if the application is for leave to remain made from within the UK, it usually takes up to 12 months.

The applicant may apply for Priority or Super Priority service to get a faster decision.   

Decision to grant entry clearance or leave to remain as a parent

A person seeking entry clearance as a parent from outside the UK is granted an initial leave of no more than 33 months. On the other hand, if an applicant is seeking leave to remain, they will be granted further leave as a parent under Appendix FM for no more than 30 months.

10-year parent route to settlement

The 10-year parent route applies when the applicant does not meet certain eligibility criteria of the 5-year route, such as the financial and English language criteria. In these cases, the applicant parent may still be granted further permission to stay for no more than 30 months if: 

• The child in the UK is a British citizen or Irish citizen or has lived in the UK for 7 years or more 

• It would be unreasonable for the child to leave the UK

This way, when a person with permission as a parent in the UK completes 10 years of continuous residence without gaps, they may be eligible to make an application for settlement, provided they satisfy other requirements.