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Switching into parent of British child visa (5 years route)

You can apply for switching into parent of British child visa if you are already in the UK lawfully with leave to remain other than leave as a visitor and you are a parent of a British child. Normally, an application for switching into leave to remain as a parent of a British child is made following the divorce or breakdown of relationship between the both parents of the British child. The application as a parent of a child is made using application form FLR (FP). The successful applicant is granted leave to remain for 30 months and leave to remain can be renewed before the expiry of the initial 30 months. The extension of stay is granted for further period of 30 months under the parent route. An application for Indefinite Leave to Remain (ILR) can be made after 5 years continuous residence under the 5 years parent route.

What is parent of British child visa route

Parent of a British child visa route is intended for a parent who has responsibility for or access to their child following the breakdown of their relationship with the child’s other parent. The route is also for applicants who:

  • Have sole parental responsibility for their child; or
  • Do not live with the child (who lives with a British or settled parent or carer), but they have direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives, or as ordered by a court in the UK; or
  • (for a leave to remain application) are the parent with whom the child normally lives, rather than the child’s other parent who is British or settled.

Specialist parent visa solicitors

Our expert team of parent visa solicitors in London specialise in applications for switching into parent visa. Our specialist spouse visa solicitors have successfully helped thousands of clients with the applications for switching into parent visa. Our best team of spouse visa solicitors can provide fast, friendly, reliable and fixed fee immigration services concerning your application for switching into parent visa under 5 years route. Ask a question to our expert parent visa solicitors for free immigration advice or submit an online request to book an appointment for detailed legal advice for your application for switching into parent visa under 5 years route.

Requirements for switching into parent of a British child visa (5 years route)

You can apply to switch into parent route under 5 years route if you meet the following requirements:

  • You are currently in the UK with leave to remain which was granted for longer than 6 months (must not be visitor in the UK).
  • Your are parent of a child who is either British Citizen or settled in the UK.
  • You should no longer be in relationship with the other parent of the child and your relationship must have broken irretrievably.
  • Your British or settled child must be in the UK and must be under the age of 18 years.
  • You should either have sole responsibility for the child or have in person contact with the child (access to the child);
  • You should have been playing an active role in the upbringing of the child and should demonstrate intention to continue place such role in the life of the child.
  • You should meet adequate maintenance and accommodation requirement.
  • You should meet the English language requirement.

Switching from spouse / partner visa to parent of British child visa (5 years route)

It is very common for migrants with spouse or partner visa to switch into parent visa if their relationship breaks down irretrievably and they are in the process of getting divorced from each other. If the other parent of the child does not agree for you to have direct contact with your child, our team of divorce and family law solicitors can help you with Child Arrangements Order application to the family court which can then become a basis to apply for switching into parent visa category. Your qualifying time for ILR after 5 years on parent visa route will start from scratch once you switch to parent visa route and the time spent under spouse visa route will not count towards 5 years period to apply for ILR.

Super Priority Service for switching into parent route (5 years route)

As one of the expert immigration solicitors based in London, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your application whereby decision on your application will be made by the Home Office UKVI within 24 hours of the enrolment of biometrics at a designated service centre.

Our specialist parent visa solicitors can prepare and submit your application to the Home Office, UKVI through Super Priority Service (SPS) and get a decision on your parent visa application within 24 hours. This way, you will not have to wait for the decision on your spouse application for months (sometimes years).

English Language requirement for switching into parent visa

The applicant must provide specified evidence that he/she:

  1. is a national of a majority English speaking country; or
  2. has passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the Home Office, UKVI; or
  3. has an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
  4. is exempt from the English language requirement because at the date of application:
    • the applicant is aged 65 or over;
    • the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
    • there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.

Re-Applying for switching into parent visa after the refusal

If your application for switching into parent visa has been refused by the Home Office, UKVI and you believe that the decision to refuse your application is valid and lawful and therefore cannot be challenged successfully by way of appeal, you have the option to re-apply for switching into parent visa. We can provide the required legal help and assistance with re-applying for switching into parent visa through our Super Priority Service.

How can we help?

Our expert team of immigration solicitors specialise in UK parent visa applications. If instructed to represent you regarding your application for switching into parent visa under 5 years route, we will carry out all the work on your application until a decision is made by the Home Office UKVI on your application. The immigration casework to be carried out by our expert team of immigration solicitors may include the following:

  • Assessing your eligibility for switching into parent visa under 5 years route by considering all your personal circumstances;
  • Advising you on the weaknesses and strengths of your application.
  • Advising you on the relevant documents to be submitted in support of your application;
  • Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules.
  • Completing and submitting the online application form FLR(FP) to apply for switching into parent visa by gathering all the relevant information from you.
  • Helping you with paying the parent visa application fee and the Immigration Health Surcharge (IHS) for the application;
  • Booking your appointment with the application centre for verification of documents and enrolment of biometrics;
  • Where necessary, preparing a detailed witness statement of the applicant explaining the relationship of the applicant with the British child and other relevant factors pertaining to the application.
  • Preparing a detailed cover letter to introduce and support your application.
  • Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics.
  • Liaising with the Home Office UKVI for a timely decision on your parent visa application.

Life in the UK test requirement for ILR as a spouse under 5 years route

You will have to pass the Life in the UK test in order to apply for ILR as a spouse unless you are over the age of 65 or you are seeking exemption from this requirement due to medical reasons.

Re-applying for ILR as a spouse under 5 years route after the refusal

If your application for ILR as a spouse under 5 years route has been refused by the Home Office, UKVI and you believe that the decision to refuse your application is valid and lawful and therefore cannot be challenged successfully by way of appeal, you have the option to re-apply for ILR as a spouse within 14 days of your section 3C leave ending. We can provide the required legal help and assistance with re-applying for ILR as a spouse under 5 years route through our Super Priority Service.

Super Priority Service (decision within 24 hours) for ILR as a spouse [SET (M) Application]

As one of the expert immigration solicitors based in London, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your ILR application whereby decision on your ILR application will be made by the Home Office UKVI within 24 hours of the enrolment of biometrics at a designated service centre.

Our specialist spouse visa solicitors can prepare and submit your ILR application to the Home Office, UKVI through Super Priority Service (SPS) and get a decision on your ILR application within 24 hours. This way, you will not have to wait for the decision on your ILR application for months (sometimes years).

How we can help with your ILR as a spouse under 5 years route?

Our expert team of spouse visa solicitors specialize in ILR spouse visa applications. If instructed to represent you regarding your application for ILR spouse visa under 5 years route, we will carry out all the work on your application until a decision is made by the Home Office UKVI on your ILR application – SET (M) application. The immigration casework to be carried out by our expert team of spouse visa solicitors will include the following:

  • Assessing your eligibility for ILR as a spouse visa under 5 years route by considering all your personal circumstances including assessment of meeting the financial requirement.
  • Advising you on the weaknesses and strengths of your ILR application as a spouse.
  • Advising you on the relevant documents to be submitted in support of your ILR application.
  • Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules.
  • Completing and submitting the online application form SET (M) to apply for ILR as a spouse by gathering all the relevant information from you and your spouse.
  • Helping you with paying the spouse visa application fee online.
  • Booking your appointment with the application centre for verification of documents and enrolment of biometrics.
  • Where necessary, preparing detailed witness statement of the applicant and/or the sponsor explaining the background of their relationship and other relevant factors pertaining to the ILR application.
  • Preparing a detailed cover letter to introduce and support your ILR application.
  • Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics.
  • Liaising with the Home Office UKVI for a timely decision on your ILR application.

Contact our managing director

As specialist immigration solicitors, we pride in having one of the best team of specialist immigration solicitors  with wealth of knowledge and experience to deal with all types of UK visa and immigration matters. Our top rated immigration solicitors have successfully helped thousands of clients with all types of UK visa and immigration applications, immigration appeals, Administrative Review, Pre-Action Protocol (PAP) and Judicial Review.

Managing Director

Theo Mathias-Nwaulune

Managing Director

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