Following are the various frequently asked questions (FAQs) about the parent visa category under 5 years route:

FAQs: Parent Visa (5 Years Route)

The parent visa route intended for a parent who has sole responsibility for or direct access to the child following the breakdown of their relationship with the child’s other parent. The route is for applicants who:

  • have sole parental responsibility for their child; or
  • do not live with the child (who lives with a parent or carer who is a British Citizen or settled in the UK), but they 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; or
  • (only in a leave to remain application from inside the UK) are the parent with whom the child normally lives, rather than the child’s other parent who is British or settled person.

The parent route is not for couples with a child who are in a continuing genuine and subsisting partner relationship together.

As well as including a natural parent, under paragraph 6 of the Immigration Rules, a “parent” is defined as:

  • the stepfather of a child whose father is dead (and the reference to stepfather includes a relationship arising through civil partnership);
  • the stepmother of a child whose mother is dead (and the reference to stepmother includes a relationship arising through civil partnership);
  • the father as well as the mother of an illegitimate child where he is proved to be the father;
  • an adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the UK, or where a child is the subject of a de facto adoption in accordance with the requirements of paragraph 309A of the Immigration Rules (except that an adopted child or a child who is the subject of a de facto adoption may not make an application for leave to enter or remain in order to accompany, join or remain with an adoptive parent under paragraphs 297 to 303); and
  • in the case of a child born in the UK who is not a British Citizen, a person to whom there has been a genuine transfer of parental responsibility on the grounds of the original parent(s)’ inability to care for the child.

If your application for entry clearance as a parent of a child is successful under 5 years route, you will be granted 33 months entry clearance to stay in the UK.

If your application for leave to remain as a parent of a child is successful under 5 years route, you will be granted 30 months leave to remain.

You can apply for Indefinite Leave to Remain (ILR) as a parent of a child under 5 years route once you have spent 5 years continuous residence in the UK with leave to remain as a parent granted under 5 years route.

The following English language requirements apply for parent visa applications under 5 years route:

If your application for entry clearance or leave to remain as a parent has been refused by the Home Office UKVI, you can challenge the refusal by way of an immigration appeal to the First Tier Tribunal.

Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).

 

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