Switching Into Parent of British Child Visa (5 Years Route) — Immigration Solicitors London
If you're already living in the UK with leave to remain and you're the parent of a British child, our immigration solicitors in Tooting, South West London can help you switch into the parent of a British child visa (5 years route). This route is most commonly used following the breakdown of a relationship with the child's other parent, and CITYWIDE Solicitors has helped clients across Tooting, Wandsworth, Balham and Wimbledon prepare and submit successful FLR(FP) applications — including via the Home Office's Super Priority Service for a decision within 24 hours.
What Is the Parent of a British Child Visa Route?
You can apply for switching into a 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 the relationship between the two parents. The application is made using form FLR(FP). A successful applicant is granted leave to remain for 30 months, renewable for a further 30 months, with an application for Indefinite Leave to Remain (ILR) available after 5 years' continuous residence under the parent route.
Who the Parent Route Is For
The 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 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 UK court; or
- (for a leave to remain application) are the parent with whom the child normally lives, rather than the child's other British or settled parent.
Requirements for Switching Into Parent of a British Child Visa (5 Years Route)
You can apply to switch into the parent route under the 5 years route if you meet the following requirements:
- You are currently in the UK with leave to remain that was granted for longer than 6 months (you must not be a visitor).
- You are the parent of a child who is either a British citizen or settled in the UK.
- You should no longer be in a relationship with the other parent of the child, and the relationship must have broken down irretrievably.
- Your British or settled child must be in the UK and under the age of 18.
- You should either have sole responsibility for the child, or have in-person contact with the child (access to the child).
- You should have played an active role in the child's upbringing and demonstrate intention to continue that role.
- You should meet the adequate maintenance and accommodation requirement.
- You should meet the English language requirement.
Switching From Spouse or Partner Visa to Parent of British Child Visa (5 Years Route)
It is very common for migrants on a spouse or partner visa to switch into a parent visa if their relationship breaks down irretrievably and they are in the process of divorcing. If the other parent of the child does not agree to you having direct contact, our team of divorce and family law solicitors can help you apply for a Child Arrangements Order at the family court, which can then form the basis of an application for switching into the parent visa category. Your qualifying time for ILR after 5 years on the parent route starts from scratch once you switch — time spent under the spouse visa route does not count towards the 5-year period.
Specialist Parent Visa Solicitors in Tooting, London
Our expert team of parent visa solicitors, based in Tooting, South West London, specialise in applications for switching into the parent visa route and have successfully helped thousands of clients across the capital. We provide fast, friendly, reliable and fixed-fee immigration services for your application to switch into the parent visa under the 5 years route. Ask our expert parent visa solicitors a question for free immigration advice, or submit an online request to book an appointment for detailed legal advice.
Super Priority Service for Switching Into the 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 partner UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your application, whereby a decision will be made by the Home Office UKVI within 24 hours of your biometric enrolment at a designated service centre.
Our specialist parent visa solicitors can prepare and submit your application through Super Priority Service (SPS) and get a decision within 24 hours — so you won't have to wait for months (sometimes years) for a decision.
English Language Requirement for Switching Into Parent Visa
The applicant must provide specified evidence that he/she:
- Is a national of a majority English-speaking country; or
- 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
- Has an academic qualification recognised by UK NARIC as equivalent to a Bachelor's, Master's or PhD in the UK, taught in English; or
- Is exempt from the English language requirement because, at the date of application:
Exemptions From the English Language Requirement
- The applicant is aged 65 or over;
- The applicant has a disability (physical or mental condition) which prevents them from meeting the requirement; or
- There are exceptional circumstances preventing the applicant from meeting the requirement before entering the UK.
Re-Applying for Switching Into Parent Visa After a Refusal
If your application for switching into the parent visa has been refused by the Home Office UKVI, and you believe the refusal is valid and lawful and therefore cannot be successfully challenged by way of appeal, you have the option to re-apply for switching into the parent visa. We can provide the required legal help and assistance with re-applying through our Super Priority Service.
How Can We Help With Your Parent Visa Application?
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 the 5 years route, we will carry out all the work on your application until the Home Office UKVI makes a decision. Our immigration casework may include the following:
- Assessing your eligibility for switching into the parent visa under the 5 years route, 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 the documentary evidence meets Home Office UKVI immigration rules.
- Completing and submitting the online application form FLR(FP), gathering all relevant information from you.
- Helping you pay the parent visa application fee and the Immigration Health Surcharge (IHS).
- Booking your appointment with the application centre for document verification and biometric enrolment.
- Where necessary, preparing a detailed witness statement explaining your relationship with the British child and other relevant factors.
- Preparing a detailed cover letter to introduce and support your application.
- Uploading all relevant supporting documents online before your biometrics appointment.
- Liaising with the Home Office UKVI for a timely decision on your parent visa application.
Life in the UK Test Requirement for ILR
You will have to pass the Life in the UK test in order to apply for Indefinite Leave to Remain unless you are over the age of 65, or you are seeking exemption from this requirement due to medical reasons.
Re-Applying for ILR After a Refusal
If your ILR application has been refused by the Home Office UKVI, and you believe the decision is valid and lawful and therefore cannot be successfully challenged by way of appeal, you have the option to re-apply for ILR within 14 days of your section 3C leave ending. We can provide the required legal help and assistance with re-applying through our Super Priority Service.
Super Priority Service (Decision Within 24 Hours) for ILR
As one of the expert immigration solicitors based in London, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partner UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your ILR application, whereby a decision will be made by the Home Office UKVI within 24 hours of your biometric enrolment at a designated service centre.
Our specialist solicitors can prepare and submit your ILR application through Super Priority Service (SPS) and get a decision within 24 hours — so you won't have to wait months (sometimes years) for a decision.
How We Can Help With Your ILR Application
Our expert team of immigration solicitors specialise in ILR applications. If instructed to represent you regarding your ILR application under the 5 years route, we will carry out all the work on your application until a decision is made by the Home Office UKVI. Our immigration casework may include the following:
- Assessing your eligibility for ILR under the 5 years route, considering all your personal circumstances including any financial requirement.
- Advising you on the weaknesses and strengths of your ILR application.
- Advising you on the relevant documents to be submitted in support of your ILR application.
- Assessing your documents to ensure the documentary evidence meets Home Office UKVI immigration rules.
- Completing and submitting the online application form to apply for ILR, gathering all relevant information from you.
- Helping you pay the visa application fee online.
- Booking your appointment with the application centre for document verification and biometric enrolment.
- Where necessary, preparing a detailed witness statement explaining the background of your circumstances and other relevant factors.
- Preparing a detailed cover letter to introduce and support your ILR application.
- Uploading all relevant supporting documents online before your biometrics appointment.
- Liaising with the Home Office UKVI for a timely decision on your ILR application.
Agreed / Fixed Fee
Who Will Carry Out the Work?
- Director assisted by a Solicitor
- Associate and Assistant Solicitor assisted by Paralegal and Caseworker
- Casework supervised by Solicitor and Director
- All work supervised by the Director
Estimated Time
On average, 15 hours to complete.
The exact time required depends on the specifics of your case, such as:
- The amount of supporting evidence needed
- Your language(s)
- Whether you are applying with dependants
- Complexities like past refusals, criminal convictions, or adverse immigration history
Providing sufficient evidence at our first meeting and clearly meeting the applicable Immigration Rules may result in lower costs.
Services Included
- Initial consultation to consider options and assess the most appropriate application
- Advising on immigration rules/guidance and required evidence
- Advising on submission methods (priority, premium, standard)
- Assessing and advising on supporting evidence
- Assisting with obtaining further evidence, including engaging with third parties (medical experts, banks, employers)
- Preparing the application with supporting evidence
- Preparing detailed representations with an index and finalising the application
- Submitting the application and providing updates on progress
- Advising on the outcome of the application, implications of status, and next steps
Exclusions
- Home Office fees for making the application, which you will pay directly. Find the updated list of Home Office fees.
- Other expenses such as VAT and disbursements for medical/expert evidence or barristers.
- Advice and assistance with appeals or reconsiderations if your application is refused.
We will notify you promptly and before incurring any such fees if they are applicable.
Home Office's Application Fees
Each application to the Home Office attracts a specific Home Office fee.
For the current fee for your application, please see the UK Home Office's current application fees.
Our Timescale to Submit Your Application
Applications typically take six to eight weeks from instruction, depending on the complexity of the applicant's immigration history. We will inform you as soon as possible if it is likely to take longer. We'll ensure your application is submitted on time, before your existing leave to remain or leave to enter expires.
The Home Office's Current Timescale for Processing Your Application
We cannot guarantee the Home Office's processing time. However, the current Home Office processing time is between 4 to 6 months on average.
Please note that the estimated hours and fees are based on the provided information. All applications vary, and we can provide a more accurate estimate once we have more details about your specific case.
Frequently Asked Questions
How long does switching into the parent route take?
We typically take six to eight weeks from instruction to prepare and submit your application, and the Home Office's current average processing time is 4 to 6 months — though this can be reduced to 24 hours via the Super Priority Service.
How much does it cost to switch into the parent visa route?
Our fixed fee for this application is from £2,500 to £3,500 + VAT, in addition to the Home Office application fee and Immigration Health Surcharge, which you pay directly.
Can I switch from a spouse visa to a parent visa?
Yes. If your relationship with your partner breaks down irretrievably, you can switch into the parent route — but your 5-year qualifying period for ILR restarts from the date you switch.
What happens if my application is refused?
If a refusal is valid and cannot be successfully appealed, you can re-apply. We can assist with a fresh application, including through the Super Priority Service.
Ready to switch into the parent of a British child visa route? Speak to our Tooting-based immigration solicitors today.
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