Switching Into Leave To Remain As A Child Of A Member Of HM Forces
You can apply for switching into child visa as a child of a member of HM Forces who is a foreign or Commonwealth citizen. The applicant should meet the requirements of the rules as set out in Appendix Armed Forces for the application to succeed.
According to paragraph 47 of Appendix Armed Forces, limited leave to remain as the child of a member of HM Forces will be granted to an applicant who:
- was either:
- under 18 years of age at the date of application; or
- aged 18 or over at the date of application and who was last granted leave under paragraph 43 or 47 of Appendix Armed Forces or paragraph 276AH of Immigration Rules;
- is not married or in a civil partnership;
- has not formed an independent family unit;
- is not leading an independent life;
- is not in breach of immigration laws, except that, where paragraph 39E of Immigration Rules applies, any current period of overstaying will be disregarded;
- is in the United Kingdom;
- has made a valid application for leave to remain as the child of a member of HM Forces;
- does not fall to be refused on the grounds of suitability under paragraph 8 or 9 of Appendix Armed Forces;
- the general eligibility requirements in paragraph 42 of Appendix Armed Forces; or
- those general eligibility requirements, except that subparagraph (b)(ii) does not apply but the parent of the applicant falls under paragraph 49(h) of Appendix Armed Forces and the applicant normally lives with this parent and not their other parent; and
- meets the financial requirement in Part 12 of Appendix Armed Forces; or
- in a case in which sub-paragraph (b)(i)(aa), (b)(i)(dd) or (b)(ii) of paragraph 42 of Appendix Armed Forces applies will be:
- accommodated adequately by the parent or parents the applicant is seeking to remain with without recourse to public funds in accommodation which the parent or parents own or occupy exclusively; and
- maintained adequately by that parent or those parents without recourse to public funds.
According to paragraph 48 of Appendix Armed Forces, leave to remain granted under paragraph 47 of Appendix Armed Forces will be:
- for whichever is the shortest period of:
- 5 years; or
- the remaining duration of the applicant’s parent’s enlistment; or
- the remaining duration of the applicant’s parent’s leave; and
- subject to a condition of no recourse to public funds.
As one of the expert immigration solicitors based in London we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial child’s UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your application whereby decision on your application will be made by the Home Office UKVI within 24 hours of the enrolment of biometrics at a designated service centre.
Our specialist immigration solicitors can prepare and submit your application to the Home Office, UKVI through Super Priority Service (SPS) and get a decision on your child visa application within 24 hours. This way, you will not have to wait for the decision on your child visa application for months (sometimes years).
Our expert team of immigration solicitors specialise in child visa applications. If instructed to represent you regarding your application for switching into child visa as a child of a member of HM Forces who is a foreign or Commonwealth citizen, we will carry out all the work on your application until a decision is made by the Home Office UKVI on your application. The immigration casework to be carried out by our expert team of immigration solicitors will include the following:
- Assessing your eligibility for switching into child visa by considering all your personal circumstances;
- Advising you on the weaknesses and strengths of your application;
- Advising you on the relevant documents to be submitted in support of your application;
- Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
- Completing and submitting the online application form to apply for switching into child visa by gathering all the relevant information from you and your child;
- Helping you with paying the child visa application fee and booking your appointment with the application centre for enrolment of your biometrics;
- Where necessary, preparing detailed witness statement of the applicant and/or the sponsor explaining the background of their relationship and other relevant factors pertaining to the application;
- Preparing a detailed cover letter to introduce and support your application;
- Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
- Liaising with the Home Office UKVI for a timely decision on your application.
Unless your matter very is complicated, our fixed fees for switching into child visa from inside the UK are given in the table below:
|Our Service||Our Fee|
|Full service for switching into child visa to cover all the work until decision by the Home Office UKVI||From £800 + VAT To £1,500 + VAT|
The agreed fixed fee will depend on the complexity of the application and the volume of casework involved in the application. In addition to our fixed fee for switching into child visa, the applicant will also have to pay the Home office UKVI fees for the application.