The child may be eligible to settle in the UK if at least one of the parents is settled.
If the child was born in the UK
Then they’ll get the same permission to stay as their parent if the child was born in the UK. They can either:
- Be added to the parent’s next application as a dependant
- Apply separately
To apply separately, the child needs to know what kind of permission their parent has to stay in the UK (‘limited leave to remain’).
If the child was born outside the UK, the application would depend on their age and how their parent applied.
If the child is under 18 they must:
- Not be married, in a civil partnership or living an independent life
- Be financially supported without claiming public funds
One of the parents must also be applying or have applied for a visa or to extend their permission to stay as a:
- Partner – and the partner they’re joining is the child’s other parent
- Parent – and they have sole parental responsibility for the child
Otherwise, the child might still be eligible to apply if there are serious reasons to let them come to, or stay in the UK and there are plans for their care.
If the child is over 18
The parent can include them in their application as a dependant, or they can apply separately themselves. The child can only apply if:
- They got permission to stay in the UK (‘leave to remain’) on a family visa when they were under 18
- They do not live an independent life
They’re living an independent life if, for example, they’ve left home, got married and had children.
If the parent cannot include the child in their form and they’re in the UK, they may be eligible to apply for Private Life in the UK (10-year route).
For further information, please contact our experts:
T: 020 8935 5205
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