FYI:
Family life as a parent of a child in the UK
This page shows you the key facts for the family life as a parent of a child in the UK category.
Key facts;
Eligibility requirements
The applicant must:
· have a child under the age of 18 who is living in the UK and is a British citizen or settled in the UK have sole responsibility for the child
· have access rights to the child
· for applications made in the UK (where the applicant has joint responsibility for the child) be applying as the parent the child normally lives with, and
o show they are taking and intend to continue taking, an active role in the child’s upbringing, and
o not be in the UK as a visitor or with valid leave granted for six months or less, unless that leave was granted pending the outcome of family court or divorce proceedings or on temporary admission or temporary release (unless EX applies).
· show they can adequately maintain and accommodate themselves and any dependants without recourse to public funds
· show they have adequate accommodation in the UK
· meet the English language requirement
· meet the suitability requirement.
Application forms;
Applications made outside the UK – VAF4A and Appendix 5
Extension (within UK) – FLR(O)
Indefinite leave to remain – SET(O)
Entry clearance mandatory? - Yes
Is biometric information required for applications made in the UK? - Biometrics are required for applications submitted on or after 29 February 2012. For more information see: Biometric information.
Code of leave to remain granted - Code 1 or code 1A; No recourse to public funds unless evidence of destitution is provided (see Recourse to public funds)
Entry clearance endorsements - D: RIGHT OF ACCESS TO A CHILD LTE 33 MONTHS CODE 1
Conditions of leave to remain - No recourse to public funds unless evidence of destitution is provided (see Recourse to public funds)
How long is leave to remain normally granted for? - · Entry clearance for up to 33 months
· Limited leave for 30 months.
What are the requirements for settlement?
The requirements for settlement are that an applicant can demonstrate they meet the requirements for indefinite leave to remain as a parent at R-ILRPT, and:
· have completed a continuous period of at least 60 months with limited leave as a parent under paragraph R-LTRPT 1.1 (a) to (c) or in the UK with entry clearance as a parent under paragraph D-ECPT 1.1, or
· have completed a continuous period of at least 120 months:
· with limited leave as a parent under paragraphs R-LTRPT 1.1 (a) (b) and (d)
· in the UK with entry clearance as a parent under paragraph D-ECPT 1.1, or
· a continuous period of at least 120 months with limited leave as a parent under a combination of these paragraphs.
Please Note;
Section D-ECPT: Decision on application for entry clearance as a parent
D-ECPT.1.1. If the applicant meets the requirements for entry clearance as a parent they will be granted entry clearance for an initial period not exceeding 33 months, and subject to a condition of no recourse to public funds.
D-ECPT.1.2. If the applicant does not meet the requirements for entry clearance as a parent the application will be refused.
Section R-LTRPT: Requirements for limited leave to remain as a parent
R-LTRPT.1.1. The requirements to be met for limited or indefinite leave to remain as a parent or partner are-
(a) the applicant and the child must be in the UK;
(b) the applicant must have made a valid application for limited or indefinite leave to remain as a parent or partner; and either
(c) (i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and
(ii) the applicant meets all of the requirements of Section ELTRPT: Eligibility for leave to remain as a parent, or
(d) (i) the applicant must not fall for refusal under S-LTR:
Suitability leave to remain; and
(ii) the applicant meets the requirements of paragraphs E-LTRPT.2.2-2.4. and E-LTRPT.3.1.; and
(iii) paragraph EX.1. applies.
Are dependants allowed? - Yes
Work and study allowed? - Yes
Is switching into this category allowed?
Into the five year route, yes, unless the applicant is in the UK:
· as a visitor:
o with valid leave granted for less than six months, unless that leave was granted pending the outcome of family court or divorce proceedings
o on temporary admission or temporary release
· in breach of immigration laws (unless the period of overstaying is less than 28 days).
Into the 10 year route, yes, unless the applicant is in the UK:
· as a visitor with valid leave granted for less than six months, unless that leave was granted pending the outcome of family or divorce proceedings.
Does this category lead to settlement (indefinite leave to remain)? - Yes
Is knowledge of language and life required? - Yes
Immigration Rules paragraphs - Appendix FM – paragraphs ECPT, LTRPT, ILRPT and Appendix FM-SE
CID case type - Exer. Access rights to child res in UK.
For more information on extension and further clarification, visit the url below
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
http://www.ukba.homeoffice.gov.uk/polic ... -a-parent/
