A lone parent can apply for leave to enter or remain on the basis of their family life with a British or settled child who is living in the UK. Only single parents can make this application – a parent who is still in a relationship with the other parent must apply as a partner. The parent applying can be a stepfather, stepmother or adoptive parent. However, they must have sole parental responsibility, or be normally living with the child, or they must have direct contact with the child.
The most important requirement to be met by the parent is the active relationship that they have with a child. However, to be eligible in this category, the applicant parent must also prove that they are able to adequately provide maintenance and accommodation for themselves, the child, and any other children that they care for.
Because of their right to respect for family life, a child can apply for status in the UK because they have at least one British or settled parent living in the UK. If outside the country, a child can apply for indefinite leave to enter. If inside the country, a child can apply for indefinite leave to remain under the same circumstances.
The parent(s) must be present and settled in the UK or must be being admitted to the UK for settlement. The child should be under 18 and should not be living an independent life. The child must also be able to be cared-for and accommodated adequately by the parent, without recourse to public funds.
However, where the child’s parents are separated, there are additional considerations. If one of the parents is outside of the UK, the child would only succeed in such an application if the settled parent in the UK had sole responsibility for the child or there were “serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.”
It would also be important to show the role, or lack of role, the non-UK parent played in the child’s life and why they did/do not exercise responsibility.
Through the family life provisions it is possible to apply for leave to remain as the partner of a British or settled person. If a person has a British settled child and partner, then they must apply as a partner rather than as a parent while the parents continue to be in a relationship.
The period during which a spouse/partner is in the UK with limited leave (without recourse to public funds) is five years. This a probationary period after which the applicant will be able to apply for settlement (indefinite leave). Individual grants of leave are for 30 months each so the applicant will need to make an initial application, an extension application and finally an application for settlement.
The income requirements mean that a UK citizen or settled person (i.e. one with indefinite leave to remain) must earn at least £18,600 in order to sponsor their spouse/partner from outside the European Economic Area to come to the UK. This rises to £22,400 (an additional £3,800) if the person wishes to sponsor a child under 18 to come with the spouse/partner. The threshold rises by an additional £2,400 for each further child.
All adult applicants for leave on the basis of their right to respect for family life must meet addition requirements relating to suitability, English language, and immigration status.
Suitability:
Suitability requirements are applicable in most applications and cover circumstances that the Home Office believe make an applicant unsuitable for leave to enter or remain. These requirements cover issues such as criminal offences, character, associations and failure to disclose evidence.
English language
The English language requirement does not apply to those who are from a listed majority English speaking country, namely – Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; or the United States of America.
If the applicant is not a national of any of the countries above, they will have to show that they have
- passed an English language test in speaking and listening at a minimum of level A1 with a provider approved by the Home Office; or
- have an academic qualification recognised by the national agency for the recognition and comparison of international qualifications and skills (NARIC) to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English.
Immigration status
If the applicant is applying for leave to remain from within the UK, then they will also need to meet immigration status requirements. The applicant must not be in the UK as a visitor or with leave for less than 6 months (unless that leave is in relation to family court/divorce proceedings). The applicant must also not be in the UK on temporary admission or be in breach of immigration laws (discounting overstaying for a period of 28 days or less).
