A person can apply for a visa to come to the UK to be with their child under certain circumstances. The child (a person under the age of 18) must be a British citizen, settled in the UK, or hold qualifying Pre-Settled Status.

The applicant must show that they have sole or partial parental responsibility for the child’s upbringing and that they take and will continue to take an active role in this. If they have partial responsibility the child’s other parent must not be the applicant’s partner; the other parent could be for example divorced from the applicant. The applicant must show that they have access to the child, either by way of agreement or court order.

There is an English language requirement, and the applicant must show that they will be able to support themselves financially in the UK.

If the application is successful leave will be granted for two years and nine months. Extensions may be possible, even if the child has reached the age of 18, if the child is not by then leading an “independent life”. Extensions are granted for two years and six months.

There are additional – discretionary and less prescriptive – rules for in-country applications. The rules allow a migrant to switch into this category from other immigration categories and, potentially, overstayers can apply. There are similarly less prescriptive rules about the status of the child.