Successful pre-action protocol outcome following an illegal refusal of a UK visit visa application
A decision letter from the Home Office refusing your visa application is surely not something anyone...
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If you are someone who has a child in the UK, it is natural that you might wish to obtain leave to enter or to remain in the UK to be able to care or have access to your child.
Our immigration team has a wealth of experience in dealing with UK family visas. Throughout the years, we have ensured that many families were happily reunited, allowing them to live a happy and fulfilling life together with their children.
We strongly believe that the child’s right to have their parents around, to support and care for them, is paramount and no other consideration should come above this.
Regrettably, the UK government is taking a different stance in this respect and this has made it considerably difficult to obtain leave to remain, also known as family visas, for those who are relying on their family life, whether as partners or as parents of someone in the UK.
The rules around the parent route are complex and often confusing, in particular when it comes to evidential requirements.
Instructing RVS Solicitors to deal with your leave to enter or remain application means you have the best chance of getting a successful outcome.
Read some of our client testimonials to see how we’ve helped so many achieve their legal aims. See more about our Immigration services.
Contact our London based immigration solicitors on 020 3372 5125 or by filling in the online form to discuss your options in respect of leave to enter or remain to in the UK as a parent of a child in the UK.
You might qualify for leave to enter or remain in the UK if you have a child in the UK, who is either:
The available routes are either the 5-year route or the 10-year route, denoting the length of time you need to spend in the UK to get indefinite Leave to Remain and settle here.
It is imperative to remember that if you also have a partner in the UK, who is either British or Settled in the UK, you might qualify for a partner leave to enter or remain.
If this is the case, you must make a partner application and should not rely on your child. Your application will fail if you do not observe this rule. You can still rely on the fact that you have a child in the UK, but that will be within your partner application.
To be granted leave to enter or remain in the UK as a parent under the 5 year route to settlement, you must meet the following requirements:
General requirements
If you are in doubt whether a conviction that you had or your previous immigration history might affect your application, it is always advisable to seek legal advice prior to making the application.
Relationship requirements
As the application is based on your relationship to your child, naturally, there are certain relationship requirements:
In the cases where you have access to the child, the other parent should also be either British or Settled in the UK and they cannot be your partner, otherwise a partner application should be made, rather than a child application.
Financial Requirements
You must be able to demonstrate that you can maintain yourself and your child without recourse to public funds. While there is no exact amount attached to this requirement unlike that of the spouse or partner route, you will still be required to show that you either have savings or a reliable income.
Accommodation requirements
You will need to demonstrate that you have adequate accommodation for you and your child without recourse to public funds. This means the accommodation will not be overcrowded and will not contravene the public health regulations.
English Language requirement
You will need to demonstrate that you meet the language requirement at a level of at least A1 CEFR for initial applications and A2 and above for extension applications. This can be done either by sitting a specified test, or through evidencing the language knowledge through a qualifying degree.
You can also meet this requirement without any additional evidence if you are a national of a qualifying English speaking country.
You will be exempt from meeting the language requirement, if:
Those who meet the above requirements will be able to get an initial leave of 30 months (33 if applying for entry clearance) and then extend it for a further 30 months. Once you reach 60 months (5 years), you will be able to apply for Indefinite Leave to Remain as a parent of a child in UK.
The general requirements under 10 year route are similar to the 5 year route. This route, however, does not require you to demonstrate you have adequate financial power to maintain or to yourself and your child. There is also no requirement to demonstrate English language knowledge. In return, this route takes twice as long to lead to settlement.
General requirements
Relationship requirements
As with the 5 year route, you must demonstrate that you are either:
Another requirement under this route is that you should be able to demonstrate that, taking into account the best interest of the child, it would be unreasonable to expect the child to live somewhere else. Therefore, if you meet all the above, but there is another country where the child can live comfortably, then the application will be refused.
As the name suggests, you will only qualify for settlement under this route when you have lived in the UK for 10 years at least.
Applications under this route are often very complex. It is therefore always advisable to have legal representations from the best leave to remain lawyers to ensure your hard earned money is not wasted on the Home Office fees for an with no hope of success.
It is often the case that people move to the UK to build a life for themselves only to have this threatened when they lose their immigration status for one reason or another. This might happen because they have lost their sponsoring job or the relationship they relied upon when they came to the UK has ended, or due to many other reasons.
The outcome is always the same; the individual or sometimes the entire family will be deeply affected by what is known as a/the ‘Hostile Environment’. This, in essence, means that those without leave to remain right in the UK will be unable to hold a job, rent a house, have a bank account etc. It is therefore imperative to ensure that you do not become an overstayer and seek legal advice before your leave expires.
However, it is possible that despite their best efforts, some people will still find themselves in a situation where they become an overstayer. There are some limited ways where the situation can be remedied and for those who have qualifying children in the UK, the parent route might be that.
Therefore, if you are an overstayer who has a child in the UK, either British or settled or a child who has lived for at least 7 years in the UK, you might be able to qualify for a parent route.
These applications will usually be extremely complex, as aside from the relevant requirements, you will need to prove that the child’s best interest dictates that they remain in the UK. It is important to keep in mind that if both the child’s parents are in the UK without leave or have limited leave, then the application will need to be made under family and private life route and not as a parent of a child in the UK.
Contact us for help with your immigration status.
If you are unsure whether you qualify for an application under parent of a child in the UK route or if you need assistance with it, please contact us on 020 3372 5125 or fill in our online form.
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Excellent service for my wife’s spousal visa from Lusine: very detailed advice, friendly and approachable. Also flexible in contact by email and provided an excellent cover letter.
I highly recommend Dr. Lusine Navasardyan, as she is professional, intelligent, hard worker and cheerful, she helped us from the beginning of our case until the very end, when she prepared a strong bundle with over 385 pages, which helped us get a successful victory in our Asylum case . I strongly recommend her as I really appreciate all the professional work that she has done . Many thanks to her.
Dr. Lusine has been working on my case. She has been very professional and a reliable person. She was always attending to my queries and she has always been very friendly throughout my case.
I am very happy with the level and quality of service I got from Dr. Lusine Navasardyan. She is very professional while creating a friendly and comforting relationship with her clients. The service from Lusine was professional,efficient and well organised. Lusine worked extremely hard at resolving my all issues while getting the best result.
So Rakhi Singal of RVS has just handled my divorce, it was a very complex case and I came to Rakhi at the very last minute on a friend’s recommendation. My case was a mess and I stood to lose everything.
Dealing with Rakhi was more like having In-House counsel than hiring a law firm, she does not approach her clients as a cash machine like many law firms do, she works with you to manage and minimise your costs and de-escalate conflict rather than throw wood on the fire.
She took a huge personal interest in my case, she was always available on the phone, very quick to respond to emails and is very honest and trustworthy.
My ex had huge spending power and used a team of high profile solicitors against me, Rakhi literally saved me from complete ruin and helped me get a very fair deal with me spending 6 times less than my ex on legal fees.
Thank you, my new family and I will be forever grateful!!!!
Could not be more pleased with the results!
I approached RVS solicitors as they were highly recommended and now I completely understand why. Soon as I contacted Rakhi I knew I wanted to use her, she was so professional and easy to get along with. I was faced with clients who were refusing the pay invoices, Rakhi immediately reassured me that she was able to help me and recoup these costs. She dealt with the whole process very professionally.
Really impressed with Rakhi’s dedication to our case and her knowledge and experience on dealing with the case. She communicated with us throughout the process, providing me with regular updates. Thank you so much, I cannot vouch for her work enough and RAW Invites are happy for you to continue to act for all their matters in the future.
Call our expert immigration legal team on 020 3372 5125 or complete our online enquiry form for a free assessment.
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