If you have a British child, you may be able to secure a visa allowing you leave to remain in the UK, even if you are not eligible in your own right, so that you can be involved in your child’s upbringing.

Five years after you secure leave to remain as a parent of a British child, you may be eligible to apply for indefinite leave to remain.

At Saxon Solicitors, we specialise in immigration services. We understand how important it will be to you to secure the leave to remain you need to raise your child in the UK. We can make an application on your behalf, ensuring that it includes all of the information that the Home Office will need in support.

You will find our solicitors helpful, approachable and prompt in their service. We have a proven track record of success in obtaining leave to remain as a parent for individuals with children in the UK. If you would like to discuss your situation with one of our immigration experts, we will be happy to help.

We offer our services in Urdu, Arabic, Kurdish, German and Dutch as well as English.

Applying for a UK visa as a parent

If you are eligible to apply as a partner or spouse of a British or Irish citizen or someone with settled or pre-settled status, you should use that route instead of applying as a parent.

To apply for a visa on the basis of being a parent, your child must satisfy one of the following criteria:

• Have British or Irish citizenship or be eligible for British or Irish citizenship;
• Have settled status, indefinite leave to remain or proof of permanent residence;
• Be from the EU, Switzerland, Norway, Iceland or Lichtenstein and have pre-settled status; or
• Have lived in the UK for seven years

Your child must also either:

• Be under 18 as at the date of your application; or
• Have been under 18 when you were first granted leave and not living independently

You will need to provide evidence that you either:

• Have sole parental responsibility for the child; or
• You have shared parental responsibility with someone who is not your partner and who is either:
  
  • a British citizen or Irish citizen; or
  • settled in the UK; or
  • is from the EU, Switzerland, Norway, Iceland or Liechtenstein and holds pre-settled status

Evidence in support of an application for leave to remain as a parent

You will need to provide documents which show that you meet the eligibility criteria, including evidence that:

• You have a sufficient level of English
• You have adequate financial means to support yourself and your child without claiming benefits

If you do not meet these two criteria, you may still be allowed to stay if your child is British or Irish or they have lived in the UK for 7 years or it if would be unreasonable for them to leave the UK.

You also need to prove that you are actively involved in raising your child and you to intend to continue in this role in the future. The Home Office will accept evidence from bodies such as your child’s school, a government department or a medical professional.

Documents that you may be able to use by way of evidence include a letter from a school confirming you attend parents’ evenings and drop off and pick up your child, a letter from a health visitor stating that you take your child to appointments or, with the court’s permission, court paperwork confirming that you are actively involved in your child’s life.

If you are unable to provide any of these documents, the court may accept other evidence. We will be happy to discuss your situation with you and go through your available paperwork to find documents to support your application.

As well as evidence in respect of your relationship with your child, you will also need to provide other documents, including confirmation of identity for you and your child, current passports, details of any previous immigration applications you have made, a list of anyone else with parental responsibility for your child, details of the child’s extended family and details of the arrangements you have to see your child.

Contact our expert solicitors for leave to remain as a parent

As immigration specialists, we offer expert advice in respect of applications for leave to remain in the UK as a parent. We can ensure that your application is as strong as possible and that all relevant documentation is included.

To speak to our UK immigration solicitors in Manchester, ring us on 0161 795 9955 or fill in our contact form below and we will call you back.

We deal with asylum applications for clients in Manchester, Blackburn and Bradford as well as further afield.