PARENT OF BRITISH CHILD VISA (5 YEARS ROUTE)

The Parent of a British child (5-year route) is a UK family visa route which allows a parent to enter or remain in the UK in order to care for a child who is living in the UK. The child must be British or Irish, settled in the UK, or otherwise meet the relevant qualifying criteria. This may include circumstances where the child is from the EU, Switzerland, Norway, Iceland or Liechtenstein, has pre-settled status, and started living in the UK before 1 January 2021. Where the application is made from within the UK, you may be able to qualify if the child has lived in the UK continuously for 7 years and it would not be reasonable to expect the child to leave the UK. 

 If you are eligible to apply under the Partner route, you must apply as a partner instead of as a parent. Successful applications are usually granted permission to stay for 2 years 9 months if applying from outside the UK, or 2 years 6 months if applying in the UK, and the earliest you can apply for Indefinite Leave to Remain (ILR) is after 5 years’ continuous residence on this parent family visa route (time spent on other visas does not count). 

Sunrise Solicitors can guide you through the requirements, evidence, and application process to help you present a clear, UKVI-compliant case. For free immigration advice, book an appointment with Sunrise Solicitors today. 

Eligibility requirements for parent of a child five-year route

To qualify for the parent route under the 5-year route, applicants must meet the relevant requirements in Appendix FM for a parent. These include the entry clearance requirements in Section E-ECPT for applications made from outside the UK and the limited leave to remain requirements in Section E-LTRPT for applications made in the UK. The application must also meet the relevant suitability requirements, and the applicant must not be eligible to apply under the Partner route. 

Applicant requirements

• The applicant must be at least 18 years old at the date of application.  

• If the applicant is eligible to apply as a partner, they must apply under the Partner route instead of applying as a parent. 

• The applicant must meet the relevant suitability requirements for the type of application being made.  

Child requirements 

The child must meet all of the following: 

• The child must be under 18 on the date of application or, if they have turned 18 since the applicant was first granted leave as a parent, they must not have formed an independent family unit or be leading an independent life. 

• The child must be living in the UK.

• The child may normally live with the applicant, or the applicant may have direct access in person to the child where the child normally lives with the other parent or carer. 

• The child must not be married or in a civil partnership.  

• One of the following must apply: 

• The child is a British or Irish citizen, or 

• The child is settled in the UK, or 

• The child is from the EU, Switzerland, Norway, Iceland or Liechtenstein and has pre-settled status, and they must have started living in the UK before 1 January 2021, or 

• If applying in the UK, the child has lived in the UK continuously for 7 years and it would not be reasonable to expect the child to leave the UK.  

  Parental responsibility and active role

• The applicant must have sole parental responsibility, the child must normally live with them, or they must have direct access in person to the child, depending on the circumstances. 

• If parental responsibility is shared, the child’s other parent must not be the applicant’s partner and must be a British or Irish citizen, settled in the UK, or have qualifying pre-settled status.  

• Where the child lives with the other parent or carer, the applicant must have direct access in person, agreed with the other parent/carer or ordered by a UK court.  

• The applicant must be able to show they are taking, and intend to continue taking, an active role in the child’s upbringing.

English language and financial requirement and when exceptions apply

• If the applicant does not meet the English language or financial requirements for the 5-year route, they may still qualify for permission to stay under the 10-year parent route where paragraph EX.1 applies, including where they have a qualifying child in the UK and it would not be reasonable to expect the child to leave the UK. 

• Appendix FM also sets out an exception paragraph, EX.1, which applies where the applicant has a genuine and subsisting parental relationship with a qualifying child in the UK and it would not be reasonable to expect the child to leave the UK.  

Parent of a British child relationship requirements (5-year route) 

UKVI expects the parent–child relationship to be supported by evidence showing that you are living with or caring for your child, that you are taking an active role in their upbringing, and that you intend to continue that role after you apply. Evidence should come from the government, a school, a court, or a medical professional, and should be less than four years old.  

Evidence of parental responsibility and access 

You must have sole or shared parental responsibility for your child. If you share parental responsibility, the child’s other parent must not be your partner and must be a British or Irish citizen, settled in the UK, or have qualifying pre-settled status. If the child lives with their other parent or carer, you must have access to the child in person, as agreed with the other parent or carer or by a court order. 

Evidence of an active role in the child’s upbringing 

UKVI recommends evidence such as a letter from your child’s school confirming you take them to school or attend parent evenings, a letter to your address from the local council confirming your child’s school, a letter from your child’s doctor, dentist, or health visitor confirming that you take them to appointments, or court order paperwork confirming that your child lives with you or that you are taking an active role in their upbringing.  

If you do not have the main forms of evidence, other documents may also help demonstrate your parental relationship and involvement in your child’s life, depending on the circumstances, including relevant parental agreements, HMRC correspondence, or social services records. 

Items such as greeting cards, photographs, and text or social media messages are not considered strong evidence of your role in your child’s upbringing and are unlikely to help your application.  

Child’s details and arrangements you must provide 

You will need to provide details including the child’s name, nationality, date of birth and passport details, who the child normally lives with, any other people with parental responsibility, how you are involved in their day-to-day life, arrangements for seeing the child including any court-granted access, the child’s extended family, and any countries the child has visited or lived in.  

Court orders and permission to use them

If you rely on court order paperwork, you need permission from the court to use it as evidence and you must provide written proof that the court has given permission, such as a letter from the court. 

Financial requirements for the parent of a British child UK (5-year route) 

Under the 5-year Parent route, applicants must meet the adequate maintenance requirement rather than the minimum income threshold. This means the applicant and any dependants must have sufficient weekly net income after housing costs to meet or exceed the equivalent Income Support level for a family of the same size. 

Adequate maintenance calculation 

Home Office decision makers apply the formula A − B ≥ C, where A is net income, B is housing costs, and C is the equivalent Income Support level for a family of that size.  

Income can include permitted sources such as earnings and certain benefits currently received, and it can include eligible cash savings held for at least six months where the Appendix FM-SE requirements are met. Ongoing third-party financial support cannot normally be relied upon to meet the adequate maintenance requirement. However, money previously received as a genuine cash gift may count as cash savings where it is under the applicant’s or sponsor’s control and meets the requirements of Appendix FM-SE. Certain qualifying maintenance payments may also be taken into account where the relevant evidential requirements are met. 

If the requirement is not met 

If adequate maintenance is not met, the application under the 5-year route may be refused. In some cases, a person may instead qualify under the 10-year parent route, and the Home Office guidance confirms that the adequate maintenance requirement is not a requirement of the 10-year partner and parent routes under the relevant provisions of Appendix FM. 

Parent of a British child (5-years route) accommodation requirements 

You must show that you and your child will have adequate accommodation in the UK without recourse to public funds. The Home Office will assess whether the property is suitable for everyone who will live there, including any household members who are not part of the visa application.  

Accommodation will not be considered adequate if it is, or will be, overcrowded or if it contravenes public health regulations. Overcrowding can be assessed by reference to the room-based standards used in Home Office guidance, which draw on the Housing Act 1985 approach. 

The accommodation can be owned, rented, or provided by family or friends, as long as it is legally occupied, and your family can occupy the accommodation exclusively.

English language requirements for parent of a British child (5-year route) 

For your first application of Parent of a British Child visa (5-year route), you must meet at least CEFR level A1 in speaking and listening if you are relying on a Secure English Language Test (SELT) with an approved provider. If you pass B1 or above, you can use that result again when you apply for settlement after 5 years, provided the qualification remains on the approved list and your certificate has not been withdrawn by the provider.  

When you apply to extend your visa after 2.5 years, the level of English requirement depends on your previous result. If you passed A1, you must pass at least A2 in speaking and listening. If you passed A2 or higher, you can normally reuse that result as long as the certificate has not been withdrawn. If you were previously granted an exemption, you will need to pass A1.  

You do not need to prove English if you are applying as a child, applying as an adult coming to be cared for by a relative, you are over 65, you have a physical or mental condition that prevents you meeting the requirement, you are a national of a listed majority English-speaking country or territory, or you have been in the UK on a family visa for 5 years and you are extending it as a partner or parent. 

Suitability requirements 

For an application under the Parent of a British child five-year route, you must meet the Home Office Appendix Part Suitability requirements as well as the eligibility requirements under Appendix FM. Appendix Part Suitability applies across immigration routes and sets out when an application must or may be refused, or when permission may be cancelled, due to matters such as criminality, conduct, character, deception and compliance. 

Appendix Part Suitability can affect a parent route application where, for example, the Home Office considers that an applicant falls for refusal on criminality grounds, has used false representations or deception, has failed to comply with relevant requirements, or has an outstanding NHS debt that meets the threshold in the Immigration Rules. If a refusal ground applies under Appendix Part Suitability, the application can be refused even where the relationship and other eligibility requirements are met.

Required documents and evidence

• Identity and Immigration:
  Current passport, photo page and any visa/entry stamps from previous passports, biometric residence permit or eVisa share code, national insurance number (if you have one), parents’ dates of birth and nationalities (if applying from outside the UK), tuberculosis test certificate (if required), criminal conviction details, previous application history. 

• Relationship:
  Child’s passport details and personal details, evidence of parental responsibility or access arrangements where relevant (for example, court paperwork or other official evidence), evidence of involvement in the child’s upbringing such as school, local council or medical letters, and court paperwork where relevant. Details of any previous partners or marriages should be included where relevant. 

• Financial:
  Evidence of income and finances, such as bank statements, payslips, employer letter, tax returns, and savings evidence, where relevant to your circumstances. 

• Accommodation:
  Evidence of where you will live in the UK, such as tenancy or mortgage documents and confirmation from the owner/landlord where relevant. 

• English:
  Approved English test evidence or a UK degree, or an overseas degree taught in English confirmed by Ecctis. 

• Other:
  Certified translations for any documents not in English or Welsh. 

Application fee parent of a British child (5-years route)

The Home Office fee to apply from outside the UK is £2,064. The fee to extend or switch in the UK is £1,407. Priority services may be available at an additional cost of £500, or £1,000 for super priority. 

You will usually also need to pay for the Immigration Health Surcharge, which is £1,035 per year for most applicants. 

If you cannot afford the application fee, you may be able to apply for a fee waiver if you do not have a place to live and cannot afford one, you have a place to live but cannot afford essential living costs such as food or heating, or you have a very low income and paying the fee would harm your child’s wellbeing.

Application process 

The application process for parent of a British child (5-years route) is given below:  

• Outside the UK (Entry Clearance)
  Apply online from outside the UK and complete Appendix 5. You will need to attend an appointment to provide your biometric information at a visa application centre. 

• Inside the UK (Leave to Remain/Extension)
  Apply online in the UK using the family routes application and apply before your current permission expires. 

• Preparation and support
  If you are applying in the UK and you do not feel confident using a computer or mobile device or you do not have internet access, you can get help completing the online application form. This service does not provide immigration advice. Provide an email address as part of the application process and ensure any documents not in English or Welsh are supported by certified translations. 

• Processing times
  If you apply outside the UK, you will usually get a decision within 12 weeks. If you apply inside the UK, it currently takes about 12 months to get a decision. You may be able to pay for a faster decision. 

Validity Periods, Extensions, and Conditions

Initial Grant (Entry Clearance):

Entry clearance for parent of a British child (5-year route) is granted for a period 2 years 9 months if you apply from outside the UK. Entry clearance under the 5-year parent route is normally granted subject to a condition of no recourse to public funds. 

Extensions:

Extension is granted for usually 2 years and 6 months if you apply in the UK, provided you continue to meet the requirements. The earliest you can apply for settlement is after 5 years’ continuous residence on this parent route. If the standard requirements are not met but the relevant exception in Appendix FM applies, an applicant may be granted leave on a 10-year route instead.  

Dependents:

Where relevant, dependent children may need to make their own application and meet the relevant requirements for children. 

Parent of British child (5-years route) to settlement (Indefinite Leave to Remain) 

On the Parent of a British child (5-year route), you can apply for settlement (Indefinite Leave to Remain) once you have completed 5 continuous years (60 months) in the UK on this parent family route. You must still meet the relevant requirements as a parent, including that your child is living in the UK and meets the relevant qualifying status requirement, such as being a British citizen or settled in the UK, and you must continue to meet the applicable parental relationship requirements. 

Unless an exemption applies, you must also meet the Knowledge of Language and Life in the UK requirements by passing the Life in the UK Test and meeting the applicable English language requirement. For applications made before 26 March 2027, the required level is B1 in speaking and listening; for applications made on or after 26 March 2027, the required level is B2. You must apply online, and the earliest you can apply is 28 days before you complete 5 continuous years in the UK on this route; applying earlier can lead to refusal, and you should not wait until your current permission expires. If the application is refused, Home Office guidance confirms that, in certain suitability scenarios, an applicant can be considered for limited leave to remain rather than settlement. 

Parent of a British child 5-year route vs 10-year route 

5-year route

An applicant will normally be granted leave on the 5-year parent route where the applicant meets the relevant eligibility requirements under Appendix FM and does not fall for refusal under the suitability requirements. Where granted, permission is usually issued for 33 months where the application is made from outside the UK, or 30 months where the application is made in the UK. Applicants may apply for settlement after completing 60 months’ continuous residence on this parent’s route. Time spent in the UK on other immigration routes does not count towards that 5-year qualifying period.  

10-year route

An applicant may be granted leave on the 10-year parent route where they do not meet the requirements for the 5-year route but qualifies under the exceptions framework in Appendix FM, including where the applicant has a genuine and subsisting parental relationship with a qualifying child in the UK and it would not be reasonable to expect the child to leave the UK.  

Where the applicant later meets all requirements for the 5-year route, they may make a further application to be granted leave on the 5-year route. The 5-year qualifying period for settlement is based on time granted on the 5-year route, rather than time spent on the 10-year route.

What if my application is refused? 

If an application under the Parent of a British child 5-year route is refused, the applicant must read the decision notice carefully because it will explain the reasons for refusal, the deadline, and whether there is a right of appeal or an administrative review option. 

Family route decisions commonly involve Article 8 (family life) and, where a human rights claim has been refused, the decision will normally attract a right of appeal to the Immigration and Asylum Chamber. 

Where there is no right of appeal, the applicant should check the decision notice carefully to establish whether any other remedy is available. Administrative review is available only for decisions specifically listed as eligible under Appendix Administrative Review and is not normally the remedy for a refusal under the Appendix FM parent route. 

Judicial review is generally only relevant where there is no appeal right and the refusal is arguably unlawful on public law grounds. Where an in-country application was submitted before the applicant’s existing permission expired, section 3C leave may continue while an in-time appeal or eligible administrative review is pending, provided the conditions for section 3C are met and the applicant remains in the UK. 

Our Services For Parent Of British Child Visa (5 Years Route)

As specialist parent visa solicitors, we can provide fast, friendly and reliable fixed fee legal services for following applications under 5 years parent visa route:

FAQs  

Can I apply for ILR if my child is British? 

Yes. Settlement on the parent route is possible, but only once the qualifying period is met and the requirements continue to be met. The earliest point is after 5 years’ continuous residence on a family visa as a parent.  

What are the pathways for a parent visa? 

There are two main pathways under the parent route: the 5-year route, where the relevant suitability and eligibility requirements are met, and the 10-year route, where the relevant exceptions or exceptional circumstances provisions apply, for example where it would not be reasonable to expect a qualifying child to leave the UK. 

How long does it take to get a parent of a British child visa? 

GOV.UK states decisions are usually made in 12 weeks for applications made outside the UK, and about 12 months for applications made in the UK.  

Can I change my 10-year parent route to 5-year route? 

Yes. If the requirements for the 5-year route are later met, a further application can be made to be granted leave on the 5-year route. Time spent on the parent route counts towards settlement only where it is time spent on the 5-year route, and GOV.UK confirms time on other visas does not count towards the 5-year period.

Can I apply for ILR sooner than 5 years? 

No. For the parent route, GOV.UK states the earliest you can apply for settlement is after 5 years continuously on a family visa as a parent.