The UK will only recognise an adoption if it was made in a country featured in the Adoption (Designation of Overseas Adoptions) Order 1973. Were you previously evicted from a property and if so, do you have a copy of the eviction notice? However, financial support (or lack of it) isn’t the only test of sole parental responsibility. The contact must be direct contact. Does this section actually mean what it appears to say, i.e. If it has only been for a short period, this may be used to say you do not have a “subsisting” relationship with your child. How long will this support continue? You would need to try and demonstrate that you/your child being required to leave the UK would be a “disproportionate” breach of your right to family/private life in the UK. If your child is from a country outside … Assuming the parents were not considered legally “settled” you fill in form T (from the government UK website (link at the bottom of this message). You can also stay if you have: custody of your child(ren) or; the right to see your minor child(ren), as long as the court ruled that such access must be in the host EU country; In the case of your right of access to a minor child, you can stay … Read about the evidence needed for proving your destitution in the section above. See the Toolkit section on Family Members here. If you do not have the right to appeal the refusal, you may wish to consider a judicial review. The Home Office is likely to treat you as having sole parental responsibility for your child if there is no other parent around or you are the only one responsible for all major decisions relating to your child’s welfare. Your child includes your step-child, adopted child, grandchild and great-grandchild. If your child isn’t British and hasn’t lived in the UK for seven years, you may be able to make an application to stay based on your right to family life, though this is much more difficult. You are able to apply for leave to enter the UK on this basis, but this page does not look at those types of applications. The Toolkit is aimed primarily at individuals going through the system, and unfunded community groups, supporters and friends providing help. OTS Solicitors also have Law Society accredited solicitor status as trusted specialists in Immigration law. If you are being supported by friends/the community/a charity, provide proof of this. This page is not about unaccompanied children (children in the UK without their parent or guardian). If a non-British child has not lived in the UK for seven years prior to the application, they do not meet these criteria. You will need to show the strength of you and your child’s connection to the UK, and why your family/private life cannot be maintained if you are removed from the UK. You’re eligible to invite family members to join you in the UK for a certain period of time on your Tier 4 student visa if the following conditions are met: 1. The fee waiver form quite be quite difficult to fill out. Living in the UK; Under 18 years of age; Either a British national, or have settled status in the UK; The most tricky issue in these applications is usually the “relationship requirement” … Sign up to get our newsletter, and you can choose to receive our standard newsletter and/or our legal newsletter, which has our latest legal updates blog posts and any changes to the online version of the Right to Remain Toolkit. As with many immigration applications, there are also “suitability” requirements, meaning that criminal convictions, “bad character”, poor immigration history or unpaid NHS debts could disqualify you. For advice on family visa and parent visa applications and extension applications or settlement and Indefinite Leave to Remain applications after entry on a family or parent visa, call OTS Solicitors on 0203 959 9123 to speak to one of our experienced London based Immigration solicitors or complete our online enquiry form. What/how much are they giving you? But we know that other funded organisations have found the Toolkit useful since it was first published in 2013. If you do not get financial support or child support from the other parent then this can be treated as evidence that you are a parent with sole parental responsibility. If the child was born in the UK before 1 July 2006, to a British or settled mother, or a British or settled father who was married to the mother or later marries the mother, they might also be a British citizen. In addition to the parental responsibility requirement, as a parent applying for Immigration status based on your relationship with your child you also need to: Some parents will not meet the above criteria but they can still make a Home Office application based on their relationship with their child even though they don’t meet the criteria set out above provided that: If you are successful in applying for leave to remain on a parent or family visa then you will secure permission to stay in the UK for two and a half years (30 or 33 months depending on if your application is made within the UK or not). To apply under these rules, you need to be able to show that you have sole parental responsibility for your child or direct access (in person) to your child. For the purposes of a parent visa or family visa or for leave to remain, the definition of a parent includes: For the purposes of Immigration law and your Home Office application you will be treated as having sole parental responsibility for your child if you are the parent who has responsibility for the control and direction of your child’s life. that a non British Parent in a non criminal case can stay in the UK if they have a genuine and subsisting relationship with a British child. St. Paul's Office:OTS Solicitors15 Old BaileyLondonEC4M 7EFTel : 0203 959 9123Fax: 0203 709 9639, Settled Status under the EU Settlement Scheme, BREXIT, EU and EEA Applications, Permanent Residence Card and Appeals, Be under the age of eighteen years on the date of your Home Office application or, Have been under the age of eighteen years of age when you were first granted leave to enter the UK. You can read the full rules here. There are some legal requirements that you need to satisfy to be allowed to bring someone in the UK on your student visa. This right is known as an Article 8 right, because it comes from Article 8 of the European Convention on Human Rights, which is part of UK law through the Human Rights Act. We make every effort to keep the published articles up-to-date and accurate, however the law changes very rapidly and the older the articles on this site, the more likely that the views in it have changed with the development of the law. These rules are known as “Appendix FM”. This access can either be as agreed with the parent/carer that your child normally lives with, or access ordered by a family court in the UK. The Home Office may apply a “no recourse to public funds” restriction on your leave to remain, meaning you cannot access welfare benefits and housing support. If your child was born outside of the UK, they may not automatically have received British Citizenship. The adoptive parent of a child provided that the child was adopted in a country where the UK recognises the adoption order or was the subject of a de-facto adoption order. If you do have the right to appeal, it’s important that people who may have provided witness statements for your application – about your child, your relationship with your child, and your life together in the UK – attend the hearing. We pride ourselves on maintaining the impeccable 5.0 rating from our clients on Google Reviews - the highest rated among immigration solicitors in the UK! These rules are known as “Appendix FM”. Child Benefit is a monthly payment that can help you with the costs of your children. This would be based on a human rights argument: you and your child’s right to family and/or private life in the UK. Unless your child … If you share parental responsibility for your child with your child’s other parent (your former husband, wife, civil partner or partner) then the child’s other parent must: If you share parental responsibility for your child you will need to either: To fall within the Immigration Rules definition of contact with a child the contact must be ‘direct’ and that does not include access or contact that is purely Skype or phone calls or letters. Could they give you more? If you are a British citizen, your child will be eligible to claim citizenship by descent. The Home Office suggest evidence of this might include letters from your child’s school confirming you take them to school or go to parent evenings, from the dentist confirming you take them to appointments, and/or other parents confirming how much contact you have with your child. This is likely to be the case anyway, for your child to have obtained British citizenship (see below). Could you borrow money from family or friends? To be classed as a parent and able to make an application to the Home Office based on your relationship with your child you must have: It is natural to assume that the Immigration Rules say that to meet the definition of parent you must be a child’s biological parent and have legal parental responsibility for the child but that isn’t the case. There are other criteria you must meet, such as having a good level of English. VAF4: Parent of child in the UK*** Your child must be under the age of 18, living in the UK, and a British … You could support this evidence with holiday bookings or other evidence of time spent in direct access to your child, A letter from your child’s school saying you are an active parent, for example, saying that you attend parent evenings or take the child to school, If your child attends regular medical appointments a letter from your child’s doctor or hospital clinic detailing how active a part you take in your child’s attendance at hospital or treatment plan. We have a wide range of expertise to support business and private clients in all areas of law. This right will continue to exist after Brexit. The contact can either be agreed with the other parent or can take place under a family court, A letter from your child’s other parent setting out and detailing how active a role you take in your child’s life and the contact arrangements. It means that the Home Office are required by law to make sure that decisions concerning children safeguard and promote the welfare of children. NonCommercial: You may not use the material for commercial purposes. The FM is short for “Family Members”. Children born in the UK, with British parents, will automatically be "British otherwise than by descent". If you are considering making a parent visa or family visa application then it is best to take expert legal advice from specialist Immigration solicitors before doing so to ensure you meet the eligibility criteria and to make sure your application stands the best chance of a successful outcome. Disclaimer: The information and comments on this page/site is made available free of charge and for educational and information purposes only. You will need to show the Home Office that you meet the criteria of the application you are making. However, the fixed immigration rules criteria cannot possibly cover all case-specific variations of cases, and the courts have since ruled that if a case does not meet the requirements of the immigration rules, Article 8 arguments should be considered outside of the rules. The step-mother or step-father of a child whose biological mother or father is dead, The father of a child who whilst being the biological father does not have legal parental responsibility for the child – provided that the father can prove that he is the child’s natural father. Children born in the UK between 2 October 2000 and 28 April 2006 can only obtain a British passport if they can provide documentary … You can apply for a long-term Standard Visitor visa that lasts 2, 5 or 10 years if you need to visit the UK regularly over a longer period. Read more about Article 8 applications in the Toolkit section on Human Rights. Sometimes, the Home Office will say the breach is proportionate (or even that there will not be a breach) because you can maintain a relationship with your child through Skype, email and occasional visits. Until 2008, the Home Office had a seven-year policy for children, under which a child who had spent seven years in the UK generally whould not be removed unless there were other significant factors to consider, such as the child’s parent having a serious criminal conviction. A child has an automatic right to British nationality at birth in the UK if a parent has settled status. If you are in a relationship with the child’s other parent/carer and they have British citizenship or Indefinite Leave to Remain, you need to look at the information on applying to stay as a partner. You need to show that you have an active role in your child’s upbringing and you plan to continue to do so in the future. 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