A parent with sole responsibility for, or with access rights to, a British or settled child who is living outside the UK do not have an automatic right of entry. Instead it is necessary to apply for a leave to enter (known as entry clearance) to enter the UK in the correct capacity.
In order for the applicant to meet the eligibility requirements for entry clearance as a parent all of the requirements in paragraphs EC-PT are to be met. The eligibility requirements to be met by the applicant are as follows:
- the applicant has a child under the age of 18 who is living in the UK and is a British citizen or settled in the UK;
- the applicant has sole responsibility of this child;
- the applicant has access rights to the child;
- the applicant is taking and intending to continue taking an active role in the child upbringing;
- Not be in the UK as a visitor
- the applicant can show that they can be adequately maintained and accommodated without recourse to public funds;
- the applicant meets the English language requirement of speaking and listening qualification at B1 level or above, unless s/he is exempt from doing so at the time s/he makes his application
If application is successful
If the application is successful the applicant will initially be given a 5 year visa.
If the applicant continues to meet the requirements of the rules after 60 months and has passed both an English language test at level B1, plus the Life in the UK Test it will be possible to apply for indefinite leave to remain, (ILR or settlement as it is often referred to).
Refusal and Right of Appeal
If the Entry Clearance Officer refuses the application under the Immigration Rules, he or she is obliged to consider the individuals rights under the European Convention on Human Rights, in particular the right to family life with someone settled in the United Kingdom (Article 8). The individual will have to prove on the balance of probabilities that:
- There is family life between the applicant and his/her spouse.
- That a decision to refuse entry clearance would have grave consequences for this family life (i.e. in the sense that the parties would have to live apart).
- That a decision to refuse entry clearance would be disproportionate.
If the application for entry clearance is refused the applicant will have a right of appeal. It is important that the sponsor is notified immediately as the appeal against the decision is exercisable from the UK only,
Please contact us on 0207 392 7672 if you would like to discuss your immigration requirements and need further advice and guidance on apply for entry clearance as a partner.