If the parent of the child does not hold, or is not being granted, leave as a Partner or Parent under Appendix FM of the Immigration Rules, but holds some other form of leave, then the child would need to apply under the rules of other immigration routes that are relevant to the parent’s visa or status.
Minors applying as the Child of a Partner or Parent under Appendix FM would need to meet the following requirements among others:
Sole parental responsibility means that one parent has relinquished their parental duties, leaving the other parent solely accountable for making significant decisions regarding the child’s daily care and upbringing.
When assessing whether there are significant and compelling family or other factors that make it undesirable to exclude the child, the Home Office will take into account the welfare and best interests of the child. These considerations must be significant and compelling to warrant admission of the child to the UK.
The financial requirement for the Child of a parent that is applying for a Partner visa at the same time is met through the Parents’ gross annual income.
Unless exempt, the parents must demonstrate that the sponsoring settled parent, or the applicant parent and the settled parent jointly (if the applicant parent is already in the UK with valid leave and permission to work) have a gross annual income of at least £29,000.
There is no longer a separate child element to the minimum income requirement. The same threshold applies whether or not dependent children are included in the application.
If the initial application was made before 11 April 2024 and you are now seeking to extend your permission, the previous lower income threshold outlined below will continue to apply:
Where the initial visa was granted under the rules in place before 11 April 2024, applicants will continue to be subject to those rules even when applying for settlement.
When applying from overseas, only the income from the sponsor parent, i.e., the British citizen/settled partner, can be taken into account in most circumstances. However, both the sponsor parent’s income and applicant parent’s income can be considered when relying on sources such as savings or non-employment income.
Combining Different Sources of Income
Sources of income that applicants can rely on to meet the financial requirement include:
In some cases, it is possible to rely on a combination of income sources to meet the financial requirement. When relying solely on cash savings, without any additional income, the threshold is significantly higher under the rules introduced on 11 April 2024.
Different considerations apply if the sponsoring parent is in receipt of certain qualifying state benefits or entitlements. In such cases, the requirement is to demonstrate adequate maintenance and accommodation, rather than meeting a fixed income threshold.
In exceptional circumstances, where refusing the application would lead to unjustifiably harsh consequences and potentially breach Article 8 of the European Convention on Human Rights, UK Visas and Immigration may also take into account other credible and reliable sources of income, financial support, or funds available to the family.
If a child is applying to join or remain with a parent who has, or is applying for, a Parent of a Child visa, the Home Office will require evidence that the parent can adequately maintain and accommodate themselves, the child, and any other dependants in the UK without relying on public funds.
Adequate maintenance is a specific legal test. It means that after deducting accommodation costs from the parent’s income, the amount left must be at least equal to the level of income support a family of the same size would be entitled to.
To qualify for a Child of a Partner or Parent visa, the relationship requirement must be met in one of the following ways:
Sole Responsibility
Sole responsibility means that one parent is no longer exercising parental responsibility, and the other parent alone makes the key decisions about the child’s care and upbringing.
In these cases, the child will normally live with the responsible parent, who has full care and control of them. The Home Office will expect strong documentary evidence to prove this, such as school, medical, and legal records.
Serious and Compelling Circumstances
The Home Office may also grant a visa where there are serious and compelling family or other considerations that make the child’s exclusion undesirable.
This involves an assessment of the child’s welfare and best interests, taking into account factors such as:
In addition, the Home Office must be satisfied that suitable arrangements for the child’s care are in place in the UK.
Children applying under this route must not have formed an independent family unit (for example, by marrying or living with a partner) and must not be leading an independent life.
This usually means the child is:
Living with their parent(s) (except where in full-time education at boarding school, college, or university);
Not employed full-time; and
Financially and emotionally dependent on their parent(s).
Home Office processing times for these applications can be long. Therefore, it is crucial to thoroughly prepare your application and ensure accuracy from the outset to minimise the risk of greater delays. At Distinct Law, we have assisted many applicants in obtaining family visas and can advise on how to meet the financial requirement depending on your circumstances and available sources of income. We will look at your application holistically as there may be several viable options that should be considered.
Our services include:
No, the Child visa of a Partner or Parent is not the same as the PBS Dependant Child visa.
The Child visa of a Partner or Parent is specifically for children who are joining a parent in the UK that is either applying for or has already been granted a Partner or Parent visa under Appendix FM.
On the other hand, the PBS Dependant Child visa is for children of individuals who are coming to the UK under certain categories of the Points-Based System (PBS), such as skilled workers, innovators, global talent or students. Children applying as PBS dependants can join their parents in the UK during their period of employment or study. Migrants holding visas under legacy immigration routes such as entrepreneurs and investors can still have family members join them as dependants.
While both visas cater to children of visa holders, they are distinct in terms of the immigration routes they are associated with and the specific eligibility criteria that must be met.
