Leave to Remain and Settlement as a Parent of a Child in the UK

The Parent Route Under Appendix FM

If you are the parent of a child who is living in the UK and you wish to come to or remain in the UK on the basis of that relationship, you may be eligible to apply under the parent route of Appendix FM of the Immigration Rules. This is a route that requires careful assessment of your individual circumstances before any application is made, as the eligibility requirements are detailed and the evidence needed to support an application must be prepared with precision.

Naila Kosar is a specialist immigration solicitor with extensive experience in parent route applications, including cases involving complex parenting arrangements, previous refusals, and applications engaging Article 8 of the European Convention on Human Rights. She will always give you an honest assessment of your prospects before advising you to proceed and many of her clients in parent route cases are referred to her by others who have benefited from her advice.

Who Can Apply?

The parent route is available to a person aged 18 or over who has a genuine parental relationship with a child living in the UK. It is important to note that this route is specifically for parents applying on the basis of their relationship with a child. If you are eligible to apply as a partner of a British citizen or settled person, you will generally need to apply under the partner route instead. Naila will advise you at the outset on which route applies to your circumstances.

Entry Clearance and Leave to Remain

The parent route is available both to those applying from outside the UK for entry clearance and to those already in the UK applying for leave to remain. The requirements differ in some important respects depending on which applies to you, and there are additional provisions available for in-country applications that are not available at entry clearance stage. Naila will advise on which application type is appropriate and what that means for your case.

The Relationship Requirements

To qualify under the parent route, you must be able to demonstrate the nature of your parental relationship with your child and your involvement in their upbringing. The specific requirements depend on whether you have sole parental responsibility for the child or whether you have direct access to them, and on the immigration status of the other parent or carer. These requirements are assessed carefully by the Home Office and the evidence needed to satisfy them must be prepared thoroughly. Naila will advise on what the Home Office will need to see and how to present your case effectively.

The Child’s Status

The child must meet certain requirements regarding their age, residence in the UK, and immigration status. There is an additional provision for children who have lived in the UK for a significant continuous period even where they do not otherwise meet the standard status requirements. Naila will advise on whether your child’s circumstances satisfy the relevant requirements.

Financial and Other Requirements

Parent route applications are subject to a financial requirement, an English language requirement, and accommodation requirements, as well as the suitability requirements that apply across all immigration applications. The financial requirement on the parent route operates differently from the fixed income threshold that applies to the partner route and the specific assessment will depend on your individual circumstances. Naila will advise on each of these requirements and what evidence will be needed.

The EX.1 Exception

Where an applicant for leave to remain does not meet all the standard eligibility requirements, there is a provision within Appendix FM that may allow an application to succeed in certain circumstances involving children or partners in the UK. This is a significant provision that can affect both the outcome of an application and the route to settlement, and Naila will advise on whether it is relevant to your case.

The Route to Settlement

A successful application under the parent route leads to a grant of leave and an eventual pathway to Indefinite Leave to Remain. The length of the route to settlement depends on the basis on which leave is granted, and this has significant practical implications for how long it will take to reach permanent status. Naila will advise on which route applies to your circumstances and what that means for your pathway to settlement.

What Happens if an Application is Refused?

If your application is refused, there is in most cases a right of appeal to the Immigration and Asylum Chamber of the First-tier Tribunal. Time limits are strict and it is important to seek advice as soon as you receive a refusal decision. Further information is available on our Appeals and Judicial Review page.

How Naila Kosar Can Help

Naila provides a full advisory and application service for parent route cases, from initial assessment of eligibility through to the preparation and submission of a fully supported application and advice on any refusal or appeal. Given the complexity of the relationship and evidential requirements on this route, early advice is strongly recommended before any steps are taken towards making an application.

Naila operates on a private fee basis and details of her fees are set out on the main immigration page.

Contact Naila Kosar

Parent route applications often involve sensitive family circumstances and the outcome can have a profound impact on your relationship with your child. If you would like to discuss your situation and understand your options, please contact us to arrange an initial consultation.

Our offices in Manchester (Burnage) and Stockport (Heaton Moor) are easily accessible, and Naila represents clients throughout the United Kingdom.