Apply to settle in the UK as the child of a settled person.

Apply as a child of a settled person.

Speak to our assessment team now to confirm your eligibility and options for free on 0203 384 4389.

Your Questions Answered

You were born in the UK

You’ll get the same permission to stay as your parent if you were born in the UK. You can either:

  • be added to your parent’s next application as a dependant
  • apply separately

The form you use to apply separately depends on what form your parent originally used.

The requirements and processes concerning child settlement applications are very complex.

Our friendly team would be pleased to discuss your circumstances and options with you.

You were born outside the UK

Whether you can apply depends on your age and how your parent applied.

If you’re under 18

You must:

  • not be married, in a civil partnership or living an independent life be financially supported without claiming public funds
  • One of your 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 your other parent parent – and they have sole parental responsibility for you
  • Otherwise, you might still be eligible to apply if there are serious reasons to let you come to, or stay in the UK and there are plans for your care.

If you’re over 18

  • Your parent can include you in their application as a dependant, or you can apply separately yourself. You can only apply if:
  • you got permission to stay in the UK (‘leave to remain’) on a family visa when you were under 18 you do not live an independent life
  • You’re living an independent life if, for example, you’ve left home, got married and had children.
  • If your parent cannot include you in their form and you’re in the UK, you may be eligible to apply for Private Life in the UK (10-year route).

Proving your income

Technically speaking, the child applicant is exempt from meeting a financial income requirement however, given that the child is dependant on a parent/parents, the requirement to demonstrate ‘adequate maintenance’ falls to the parent to demonstrate in practice.

This test is purely subjective and the families personal circumstances and in particular, income and outgoings will be measured to determine whether the adequate maintenance thresholds are met.

In most cases, from a financial standpoint, only adequate maintenance must be demonstrated and therefore you may not have to meet the below criteria.

Our friendly team would be happy to discuss your personal circumstances and confirm your options with you.

What counts as income

You and your partner can use:

  • income from employment before tax and National Insurance (check your P60 or payslips) – you can only use your own income if you earn it in the UK
  • income you earn from self-employment or as a director of a limited company in the UK – check your Self Assessment tax return
  • cash savings above £16,000 money from a pension
  • non-work income, for example from property rentals or dividends

If you’re using income from self-employment or employment, you’ll need to prove you or your partner received that income for 6 months or more.

Example You’ve worked with the same employer earning £18,600 or more for 6 months or longer.

Proof acceptable to prove income

You’ll need to send proof of your income with your application. If you or your partner are employed, you could include:

  • bank statements showing you or your partner’s income 6 months of payslips
  • a letter from an employer, dated and on headed paper The employer’s letter should confirm:
  • you or your partner are employed there
  • the job title or position you or your partner hold how long you or your partner have worked there
  • the type of contract (for example, permanent, fixed term)
  • what you or your partner earn before tax and National Insurance how long you or your partner have been paid your current salary the payslips are genuine

You’ll be told exactly what documents you need to support your application by your dedicated caseworker..

  • you or your partner’s income is more complicated
  • you or your partner have taken maternity or paternity leave in the last 6 months you want to combine different income sources

The detailed guidance also explains the evidence you need to provide for each of the types of income you’re relying on.

If you cannot meet the minimum income requirement

You need to show you and your partner meet the minimum income requirement if you want to settle in 5 years as a partner.

If you do not meet the requirement, you may be able to settle in 10 years.

When you do not need to meet the income requirement

You may be able to settle in 5 years without meeting the minimum income requirement if either:

  • you’re applying as a parent
  • you get certain benefits, for example Disability Living Allowance or Carer’s Allowance.

You need to show you and your family have enough money to adequately support and accommodate yourselves without relying on public funds.

Sole Parental Responsibility

In cases where a child wishes to settle in the UK with a parent, the applicant must be able to demonstrate that the parent who has invited them to join them in the UK has sole responsibility for the upbringing of the child.

Proving sole responsibility is a very difficult and complex issue and centres on practical and subjective considerations.

The personal circumstances of  the applicant and parent would need to be considered at  length and accordingly, a legal strategy to demonstrate key issues would need to be prepared.

In addition to meeting all of the UKVI’s cumbersome application criteria, we would also need to demonstrate that the child relies on the parent for financial and emotional support and that the parent either directly makes important decisions or has a distinguishable process of delegation. Often this means utilising extended family members in the child’s current country of residence.

The rules and practical considerations governing sole responsibility are very complex and having a knowledgeable and diligent expert on your side often is the decisive factor between a compelling argument and a successful application.

Our friendly team would be happy to assist you in navigating this complex area of law.

Best interests of the child

In order for a child to successfully make an application to settle in the UK , the application must be able to demonstrate that it is in the best interests of the child to settle as intended.  In short, if the child’s welfare and best interests have not been considered or adequately addressed, any decision made may turn out to be unlawful.

Again this is a particularly complex area which needs to be carefully examined by an experienced professional. The leading authority on this area is ZH (Tnazania v SSHD [2011]).

Our friendly team would be happy to assist you in navigating this complex area of law and assist you in preparing a strong and compelling argument.

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Why Choose
UK Immigration Solicitors?

We are professional Solicitors here to help you with your immigration needs

What is the benefit of using UK Immigration Solicitors?

Immigration rules are complex and subject to regular changes and revisions. This itself presents problems as it is the applicant’s responsibility to ensure they are aware of and have complied with any changes to the routes, processes and evidence requirements.

Failure to meet strict rules is likely to result in the application being refused which, in turn, is likely have an emotional and financial strain on you and your family.

It is our job to ensure we are fully aware of the latest immigration rules, policies and procedures. We don’t leave matters to chance. Once you become a client of ours, we explain our strategy and tell you exactly how we propose to get you the right result. We will pinpoint the positives and negatives of your circumstances and explain where issues may arise and what would need to be done to fix them. We provide step by step guidance and advice throughout the entire process professionally. Our vast experience allows us to foresee problems before they arise and pro-actively adopt a strategic action plan.

Our legal fees are always agreed and fixed with you right at the beginning of your case, so you have complete peace of mind and control over the costs to ensure there are no restrictions or unpleasant surprises.

There are many online agencies, advisors and marketing companies who claim to be immigration experts but, provide very little expertise.

Let us be very clear here, if you are paying for someone just to fill in the forms for you, you should think about how you can put that money to better use and avoid gambling with your future by using inexperienced and ineffective companies.

We are a fully regulated nationwide, multi award winning law firm that specialises in immigration. Having more than 60 years of combined expertise and having handled more than 8,000 cases we have unrivalled experience and expertise to ensure you get the right result first time around – Don’t take our word for it though, check out our reviews to see why our clients trust us with their futures. We are rated 5* across the board and 98% of our clients have confirmed that they would recommend us to others.

We have illustrated our typical scope of service below so you can understand what we do for you as paid of our service:

  • Our immigration specialists carry out a free detailed assessment with you to understand your circumstances and needs.
  • The collated information is then reviewed by a senior immigration solicitor who will have no less than 8 years’ immigration experience.
  • Based on the information collected, the senior solicitor will then confirm what your options are and will also confirm if we are able to help you.
  • We will offer you an Agreed Fixed Fee quotation for us to handle your entire case until initial conclusion without obligation.
  • If we have officially taken your instructions, we will create a client file for you and collect detailed initial information.
  • We will then ensure you receive a personalised one-to-one legal consultation with a senior immigration solicitor who will take your full instructions by exploring your circumstances in detail and advise you on the best way to meet your objectives. The solicitor will explain the relevant legislations and provide you with advice on the steps that we would need to take to get a successful result.
  • The senior solicitor who carried out your legal consultation will then send you detailed written legal advice explaining everything that needs to be done and which documents will be required as part of the process. We will tell you about any problem areas and formulate a strategy to overcome/mitigate these.
  • We will carefully review any documents that you have provided in support of the application. These documents are then validated and formatted to ensure that they meet the UKVI specified evidence requirements. Where they do not, we will explain what needs to be done to address the issues.
  • Where required, we will prepare any necessary written legal arguments or representations that are required to support your application and gain an approval. Often, we may be required to make discretionary submissions.
  • We will complete a draft application and share this with you to ensure that all parties are happy with the representations that will be submitted to the Home Office.
  • We advise you on what application processing routes are available. In some cases, there are fast track or premium processing routes available. We may be required to book a Home Office appointment on your behalf.  Will also be able to confirm typical processing times for any processing centre in the world. We explain all options, routes and fees comprehensively allowing you to make the best choice.
  • We lodge the application on your behalf using our secure authenticated processes. Whilst your application is pending, we continue to ensure you receive maximum legal protection and ensure that your rights and allowances are upheld throughout the processing stage. We ensure that you are aware of and remain compliant with the immigration rules and regulations during this period. We will also keep you updated on the progress of your matter.
  • If any follow up work is required in response to any queries raised by the UKVI, we will also deal with these as part of the comprehensive service.
  • We secure a decision on your matter and further advise you on the relevant implications of that decision. If required, we will also confirm if any secondary applications are required and brief you on the necessary process and procedure for those also.

Why should you use Immigration Solicitors to help me?

Here are just some of the reasons to choose us:

  • We are the UK’s #1 Immigration Specialist Law Firm
  • We are a fully SRA regulated law firm so you are working directly with our in house legal team
  • No agencies, middlemen or outsourcing
  • We have achieved 99% success rate across all application types
  • We have a 24 hour helpline that operates 7 days a week – 365 days a year
  • We have multiple offices across the UK but 90% of our clients are not required to visit in person
  • We have more than 60 years combined immigration expertise
  • Our team have handled more than 8,000 cases
  • We offer a free initial assessment which will explain your options and check your eligibility for your chosen route
  • We operate a 100% Agreed Fixed Fee model with all fees fixed and agreed before work is started
  • 98% of our clients would recommend us to family & friends
  • Our average rating is 4.6/5 across major review platforms (based on over 2000 reviews).

What is Free Needs Assessment?

If you have an immigration related problem or question, you can have a free assessment with a member of our assessments team.

The assessor will establish why you are calling and what you are looking for assistance with. The assessor will ask you a series of questions to determine your circumstances in relation to your objectives.

The assessment is 100% private and confidential. As we are a private law firm, we work with our clients to overturn Government decisions daily. We do not share any information with any third party.

Although the assessor will be a trained immigration specialist, they are not solicitors and therefore will not give you detailed legal advice or guidance.

If you want to establish what your options are and the best way forward for you, your assessor will collate the necessary information and then speak with one of the resident senior solicitors at the firm to determine what your options are, if and how we could assist and confirm whether we would be prepared to take your case. If we can assist, you will be provided with an Agreed Fixed Fee quotation which is a single legal fee to cover the firms cost of representation agreed from the outset and binding for all parties.

The free assessment is no obligation and you are merely given clarity on your position and options to move forward.

If you have a complex matter or require legal advice regarding a specific issue, you will most likely require a legal consultation.

This is a separate service and is chargeable at the prevailing rates.

Please note, UK Immigration Solicitors are a private law firm and are not part of the Government. We do not accept legal aid instructions. Although we are happy to assist genuine callers, we are not a directory service and sadly are unable to provide you with Government telephone numbers.

To get started you can either call us on 0203 384 4389 or complete the assessment form and one of the team will call you

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