When a child applies as a dependant, the Home Office considers more than the child’s age and relationship with their parent. The immigration position and involvement of both parents can also affect the application.
This becomes particularly important where parents are separated, one parent remains overseas, one parent has sole responsibility for the child or the child is applying for settlement in the UK.
In Part 1 of our UK Dependent Child Visa guide, we explain who can qualify as a dependent child, including the age, independent life, relationship and care requirements.
In Part 2, we look at the parental immigration status requirements, sole parental responsibility, serious and compelling reasons and settlement.
Do both parents need to be in the UK?
For an application for entry clearance or permission to stay, both parents of a dependent child will normally need to be applying at the same time as the child or already have entry clearance or permission other than as a visitor, or be settled.
However, there are exceptions.
The requirement can still be met where:
- the relevant parent is the child’s sole surviving parent;
- one parent has sole parental responsibility for the child’s upbringing;
- the other parent is a British citizen or has a right to enter or stay in the UK without restriction and lives, or intends to live, in the UK; or
- there are serious and compelling reasons to grant the child permission.
The family’s individual circumstances and supporting evidence will therefore be important.
Serious and Compelling Reasons
In some cases, a child may still qualify even if they are not joining both parents. The Home Office can consider whether there are serious and compelling reasons to grant the application.
The child’s best interests are a primary factor in this assessment. The Home Office will consider the family’s circumstances and the evidence provided.
Where one parent remains overseas, the Home Office may consider:
- why the other parent is not coming to the UK;
- why the child cannot remain overseas with that parent; and
- whether living in the UK would be in the child’s best interests.
If the overseas parent remains involved in the child’s life, their written consent can be a positive factor.
Serious and compelling reasons may arise where the overseas parent cannot safely care for the child. They may also arise where that parent plans to join the family later. For example, they may first need to complete medical treatment, work or study commitments.
Other circumstances may include caring for a relative overseas. The parents may also have separated, with the child currently living with the parent coming to the UK.
However, the Home Office may take a different view if suitable care remains available overseas. This could apply where the child lives in a settled environment with the other parent. It could also apply where another relative, such as a grandparent, can continue providing care.
There is no requirement for the other parent to qualify or intend to join the child later. However, credible evidence that they are likely to join the family in future can be a positive factor.
Each application will depend on its individual circumstances. Any reasons relied upon should therefore be supported by credible evidence.
What Is Sole Parental Responsibility?
Sole parental responsibility goes beyond where the child lives or who provides financial support.
It can apply where one parent is unknown or has abdicated or abandoned parental responsibility. The other parent must exercise sole control over the direction of the child’s upbringing and welfare.
The Home Office will consider who takes responsibility for important decisions in the child’s life. These can include:
- education;
- health and medical treatment;
- religion;
- residence;
- holidays and recreation; and
- protection, welfare and guidance.
Sole parental responsibility is not the same as sole legal custody. A parent may have sole legal custody while the other parent remains involved in the child’s upbringing.
Financial support alone is also not enough. Even if one parent provides most or all of the financial support, this does not establish sole parental responsibility.
Other relatives or friends can still provide practical help with the child’s care. For example, a relative may take the child to school. The key question is whether one parent retains sole overall control and direction over the child’s upbringing and important decisions.
Where both parents are involved in the child’s upbringing, it will be rare for one parent to establish sole parental responsibility.
The applicant must provide satisfactory evidence to show that the relevant parent has sole parental responsibility. Each application is considered according to its individual circumstances.
When can a dependent child apply for settlement?
A child applying for settlement as a dependant will generally need to have last been granted permission as the dependent child of the parent who is settled or is being granted settlement.
Alternatively, a child who was born in the UK may be able to apply as the dependent child of a parent who is settled or being granted settlement.
Specific provisions apply to certain immigration routes and circumstances, including UK Ancestry, HM Armed Forces, Bereaved Partner and Victim of Domestic Abuse applications.
Do both parents need to be settled?
For a dependent child’s settlement application, both parents will normally need to be applying for settlement at the same time as the child or already be settled.
Exceptions can apply where:
- one parent is the sole surviving parent;
- one parent has sole responsibility for the child’s upbringing;
- the other parent is British or has an unrestricted right to enter or remain in the UK and lives, or intends to live, here; or
- there are serious and compelling reasons to grant settlement.
The position of both parents should therefore be considered before a child’s settlement application is submitted.
What if the child was born in the UK?
A child born in the UK who makes their first application for permission to stay must provide a full UK birth certificate showing the names of their parent or parents.
If the birth certificate was accepted in an earlier application, it does not need to be provided again.
How Can We Help You?
Dependent child applications can become more complex when parents are separated or one parent remains overseas. Questions around sole parental responsibility and settlement can also require careful consideration.
The evidence required will depend on the family’s circumstances and the immigration route involved. It is therefore important to understand which requirements apply before submitting an application.
Morgan Smith Immigration can assess your circumstances, explain the relevant requirements and advise you on the supporting evidence for your application.
For advice on a UK Dependent Child Visa or settlement application, contact Morgan Smith Immigration on 0203 959 3335 or email us at [email protected].
