UK 5-Year Parent Route: Eligibility, Requirements and Settlement

You can apply as a parent under the Immigration Rules - Appendix FM to live in the UK on the basis of your family life with a qualifying child. The 5-year parent route is for a parent who meets the relevant suitability and eligibility requirements, including the parental relationship requirements and the requirement to take, and intend to continue to take, an active role in the child's upbringing.

The 5-year parent route is a route to settlement under Appendix FM. You can apply for entry clearance to the UK or permission to stay in the UK on the basis of your relationship with a qualifying child. To qualify on the 5-year route, you must meet all applicable suitability and eligibility requirements of the Immigration Rules.

Where you meet the relevant family life suitability requirements but do not qualify for the 5-year parent route because certain eligibility requirements are not met, you may in some circumstances be granted permission on the 10-year family route where paragraph EX.1. applies or where refusal would result in unjustifiably harsh consequences under Article 8 of the European Convention on Human Rights (ECHR).

5-year parent route – Suitability requirements 

If you are applying for permission on the 5-year parent route, you must meet the applicable suitability requirements in Part Suitability of the Immigration Rules. Some grounds are mandatory, meaning the application must be refused, while others are discretionary, meaning the application may be refused depending on the circumstances.

Where an application cannot succeed under the ordinary requirements of Appendix FM, the Home Office may still need to consider paragraph EX.1., exceptional circumstances and its obligations under Article 8 of the ECHR, where applicable. The outcome will depend on the particular facts of the case and the relevant suitability provisions.

5-year parent route – Eligibility requirements 

You must meet the applicable eligibility requirements to qualify for entry clearance or permission to stay on the 5-year parent route.

• You must be 18 or older on the date of your application. 

• The child must be under 18 on the date of application, or must have been under 18 when you were first granted permission as a parent under Appendix FM and must not have formed an independent family unit or be leading an independent life.

• You must have the required parental relationship with the child and must be taking, and intend to continue to take, an active role in the child's upbringing.

• Where the child lives with the other parent or carer, the rules can permit an application based on direct access in person, provided the relevant requirements are met.

• If you are applying for entry clearance, the child in the UK must meet the relevant status requirement under Appendix FM. This can include a child who is:

• a British Citizen

• settled in the UK, for example, they hold ILR (indefinite leave to remain), settled status under the EUSS (EU Settlement Scheme) or proof of permanent residence

• in the UK with a qualifying form of limited leave under Appendix EU, where the requirements of Appendix FM are met.

• If you are applying for permission to stay from within the UK, the child must meet the relevant status or residence requirement under Appendix FM. This can include a child who is:

• a British Citizen

• settled in the UK, for example, they hold ILR (indefinite leave to remain), settled status under the EUSS (EU Settlement Scheme) or proof of permanent residence

• in the UK with a qualifying form of limited leave under Appendix EU, where the requirements of Appendix FM are met; or

• a child who has lived in the UK continuously for at least 7 years immediately before the application and it would not be reasonable to expect the child to leave the UK.

You can be treated as a “parent” under the UK Immigration Rules if you fall within the relevant definition in Appendix FM. This can include:

a. A biological parent, for example: biological mother and biological father

b. A legal parent, including in circumstances recognised under UK law, such as certain cases involving assisted reproduction or a parental order under the Human Fertilisation and Embryology Act 2008; and

c. An adoptive parent, where the adoption is recognised for the purposes of the Immigration Rules, including where:

(i) you adopted a child while habitually resident outside the UK under an adoption decision recognised by the UK; or

(ii) your adopted child has been granted permission under the relevant adoption provisions of the Immigration Rules and, where required, the adoption has been formally completed in the UK.

You must also fulfil the other requirements for the 5-year parent route, which include the following:

1. Relationship requirement 

For an entry clearance application, the relationship requirements will depend on the child's living arrangements. In general, you must show either that:

• You have sole responsibility for the child's upbringing; or

• You have direct access in person to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK. Where relying on direct access, the relevant requirements concerning the status of the other parent or carer must be met, that person must not be your partner, and you must not be eligible to apply for entry clearance as a partner under Appendix FM. You must also show that you are taking, and intend to continue to take, an active role in the child's upbringing.

For an application for permission to stay from within the UK, the relationship requirements will depend on the child's living arrangements. In general, you must show the required parental relationship, which can include circumstances where:

• You have sole responsibility for the child's upbringing;

• The child normally lives with you and the relevant requirements concerning the child's other parent or carer are met; or

• The child normally lives with the other qualifying parent or carer and you have direct access in person to the child. The parent route is not intended for an applicant who is eligible to apply under Appendix FM as a partner. In all cases, you must show that you are taking, and intend to continue to take, an active role in the child's upbringing.

2. Immigration status requirements

This requirement applies to applications for permission to stay in the UK.

To qualify on the 5-year route, you must meet the immigration status requirements in Appendix FM. In particular, an applicant will normally not qualify for the 5-year route if they are in the UK:

• as a visitor;

• with permission granted for 6 months or less, subject to the limited exceptions in Appendix FM;

• on immigration bail, subject to the provisions of Appendix FM; or

• in breach of immigration laws, except where the relevant exception for overstayers applies. Where the 5-year route requirements are not met, paragraph EX.1. and the 10-year family route may be relevant depending on the circumstances.

3. English language requirement

For entry clearance or an initial application for permission to stay on the 5-year parent route, you must meet the English language requirement in Appendix FM unless an exemption applies, for example because of age, disability or other specified circumstances.

Where required, you can meet this requirement in one of the following ways:

a. you are a national of a specified majority English-speaking country;

b. you have passed an approved English language test in speaking and listening at the required level. For an initial parent application, the minimum level is normally CEFR A1; or

c. you have an academic qualification that meets the requirements of Appendix FM, including, where applicable, confirmation from Ecctis that an overseas qualification is equivalent to the required UK degree standard and was taught or researched in English. Higher English language requirements can apply at later stages of the route.

4. Financial – maintenance and accommodation requirement

You must show that you can adequately maintain yourself and any dependants in the UK without recourse to public funds. Unlike the partner route's minimum income requirement, the parent route uses an adequate maintenance test. The assessment takes account of available income and relevant housing costs.

You must also show that there will be adequate accommodation in the UK for the family, including relevant family members living in the same household, without recourse to public funds. The accommodation must not be overcrowded and must comply with relevant public health regulations. Different considerations may apply where paragraph EX.1. or exceptional circumstances are relied upon.

Documents required for the 5-year parent route

Documents are crucial to support your application. You should provide evidence showing that you meet the requirements relevant to your circumstances, including the parental relationship requirements and your active involvement in the child's upbringing.

Common documents include:

• Your passport

• The child’s British passport (if they are a British citizen) to prove their immigration status

• A birth certificate or adoption papers to establish your relationship with your child

• Evidence showing where the child normally lives and the relevant parental arrangements, where applicable, such as a court order, written agreement or other reliable evidence

• Proof of the other parent’s or carer’s immigration status with whom the child in the UK normally lives and who is not your partner, such as their British passport (if they are a British citizen) or eVisa.

• Where you rely on direct access in person, evidence of the contact arrangements, such as a relevant court order, a letter or statement from the parent or carer with whom the child lives, or evidence from a contact centre

• Independent evidence showing that you take an active role in the child's upbringing, for example letters from the child's school, GP or other relevant organisation confirming your involvement. Photographs, greetings cards, text messages and social media messages will generally carry less evidential weight on their own.

Depending on your circumstances, you may be required to provide other supporting documents as well.

What is the validity period of the 5-year parent visa? 

If your application for entry clearance as a parent is successful, you can stay in the UK for 2 years and 9 months. If you want to continue to stay in the UK after this period, you will need to apply to extend your stay.

If you switch to the parent visa or extend this visa from within the UK, you can stay in the UK for 2 years and 6 months.

If you do not meet all the requirements of the 5-year parent route, this does not necessarily mean that your application will automatically be refused. Depending on your circumstances, the Home Office may need to consider paragraph EX.1., exceptional circumstances and whether you qualify for permission on the 10-year family route.

You may be eligible to apply for ILR (also known as “settlement”) after completing a continuous qualifying period of 5 years (60 months) with qualifying permission as a parent under Appendix FM, provided you meet the settlement requirements in force at the date of application, including the relevant relationship, suitability, English language and Life in the UK requirements.

How can Visa and Migration Ltd. Help?

We begin by ensuring you are eligible for the 5-year parent route. Our team then considers your situation against the relevant immigration requirements, including your relationship with your child, parental responsibility, direct access where applicable, and your involvement in the child's upbringing.

We work out what documents you need to support your application, such as your child’s birth certificate, evidence of your relationship with your child, proof of contact or involvement in their life and other relevant supporting documents.

We review your evidence for possible weaknesses or gaps and tell you how to address them. We help you to complete the application form, to prepare supporting statements, and to organize your documents before submission.

We aim to help you explain your circumstances properly and to put together a strong application under the parent route to the Home Office.

For quick consultation and expert advice relating to your application for the 5-year parent visa, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com