You can apply for switching into the parent of a British child visa UK under 5 years route if you meet all the requirements of Immigration Rules as set out in Appendix FM, including the immigration status requirement, adequate maintenance requirement and English language requirement. An application for switching into leave to remain as a parent of a child is made following the breakdown of the relationship with the other parent of the qualifying child. The application as a parent of a child is made using the application form FLR (M). The successful applicant is granted leave to remain for 30 months under the parent of a British child visa (5-year route). You can apply for switching into parent of a child visa through Super Priority Visa Service to get a decision on your application within 24 hours.
Free Immigration Advice For Switching Into Parent Of A British Child Visa (5 Years Route)
Our family visa solicitors can provide one-off free immigration advice online in relation to your application for switching into the parent of a British child visa under the 5-year route. Ask a question online to our specialist team of family visa solicitors online for free immigration advice online, or book an appointment online for detailed immigration advice and consultation with one of our family visa solicitors concerning your application for switching to the parent of a British child visa in the UK.
Specialist Solicitors For Switching Into Parent Of A British Child Visa (5 Years Route)
Our family visa solicitors specialise in applications to switch to the parent of a British child visa (5-year route) from inside the UK. Our specialist team of immigration solicitors can provide expert immigration advice and legal representation on a fixed-fee basis concerning your application to switch to the parent of a child visa under a 5-year route from inside the UK.
Premium Solicitors are specialist UK immigration solicitors and the high quality of UK visa and immigration legal services provided by our best team of fully qualified and experienced immigration solicitors is self-evident from the 5-star Google Reviews rating by 99% of our clients.
How Much Does Switching Into Parent Of A British Child Visa (5 Years Route) Cost?
The costs associated with your application are outlined below:
Our Fixed Fees for Your Application
Our fixed fee for processing your application ranges from £1,000 + VAT to £1,500 + VAT. Our fixed fee will cover all our work on your application including advising on documents, checking your documents, completing the application form and submitting the application online, booking an appointment for biometrics enrolment, preparing a cover letter in support of the application, uploading all supporting documents to be considered in support of the application, and carrying out all other follow up work until decision by the Home Office UKVI on your application.
Our agreed fixed fee will depend on the complexity of your case and the volume of work involved in your application. You will make an initial payment of half our fee when we start our work on your matter, and the remaining half is due once we have fully prepared the application and it is ready for submission.
Unable to afford the cost of the full service? You have the option to book an appointment online for our one-off immigration advice and consultation service for a fixed fee of £100 (including VAT) or our immigration document checking service for a fixed fee of £300 (including VAT).
UKVI Fees for Your Application
In addition to our fixed fee for assisting you with your application, you are also required to pay the Home Office UKVI fees for your application. The UKVI fee for your application is £1048, and there is an additional charge of £2587.50 for the Immigration Health Surcharge (IHS). Therefore, the total amount payable to the UKVI for the entry clearance application is £3635.50.
Additionally, for a quicker decision on your application within 24 hours, you have the option to pay an additional £1,000 as a Super Priority Service fee.
How To Apply For Switching Into Parent Of A British Child Visa (5 Years Route)?
To apply for switching into parent of a British child visa (5 years route), you should take the following steps:
- Complete the online application form FLR (M) on the UKVI website;
- Submit the completed application online by paying the Home Office UKVI fees which include the application fee and the Immigration Health Surcharge (IHS);
- Book your biometrics appointments with the UKVCAS by creating an account on the UKVCAS web portal;
- Upload all the supporting documents online before the biometrics enrolment appointment date;
- Attend your biometrics enrolment appointment. You should take your BRP card, your passport and your biometrics appointment letter with you when you attend your biometrics appointment;
- Wait for a decision on the application, which will normally be made within 3 to 6 months if it is made through standard service and within 24 hours if it is made through Super Priority Service.
When Can I Apply For Switching Into Parent Of A British Child Visa (5 Years Route)?
You can apply for switching into the parent of a British child visa under 5 years route any time after your relationship with the other parent of the child has broken down irretrievably. There is no need for you to wait until 28 days before the expiry of your current leave to remain. There is also no need to wait until you get divorced from the other parent of the child if you and the other parent of the child are legally married to each other. You must meet all the relevant requirements as set out in Appendix FM of the Immigration Rules to apply for switching into parent of a British child visa under 5 years route.
Can I Use Super Priority Service For Switching Into Parent Of A Child Visa (5 Years Route)?
As specialist family visa 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 for switching into parent of a child visa UK whereby decision on your application will be made within 24 hours if you submit your application through Super Priority Service.
Our family visa Solicitors can prepare and submit your application faster and get you a decision on your application faster through Super Priority Service. This way, you will not have to wait for the decision on your application for months (sometimes years).
What Are The Requirements For Switching Into Parent Of A Child Visa (5 Years Route)?
To apply for switching into leave to remain as a parent of a child under 5 years route, the applicant must meet the following requirements as set out in Appendix FM to the Immigration Rules:
- The applicant and the child must be in the UK;
- The applicant must make a valid application;
- The applicant must not be in the UK-
- as a visitor; or
- with valid leave granted for a period of 6 months or less, unless that leave was granted pending the outcome of family court or divorce proceedings;
- in breach of immigration laws (except that, where paragraph 39E of these Rules applies;
- The child of the applicant must be:
- under the age of 18 years at the date of application;
- living in the UK; and
- a British Citizen settled in the UK, or in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d); or
- has lived in the UK continuously for at least the 7 years immediately preceding the date of application and paragraph EX.1. applies.
- Either-
- the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen, settled in the UK, or in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d)), and the applicant must not be eligible to apply for leave to remain as a partner under Appendix FM; or
- the parent or carer with whom the child normally lives must be:
- a British Citizen in the UK, settled in the UK, or in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d).;
- not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
- the applicant must not be eligible to apply for leave to remain as a partner under Appendix FM.
- The applicant must provide evidence that they have either-
- sole parental responsibility for the child, or that the child normally lives with them; or
- 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.
- The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.
- The applicant must provide evidence that they will be able to adequately maintain and accommodate themselves and any dependants in the UK without recourse to public funds.
- The applicant must provide evidence that adequate accommodation will be available in the UK, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family owns or occupies exclusively.
- The applicant must meet the English language requirement to show that the applicant has English proficiency at CEFR level A1 as required by the UK Immigration Rules.
What Is Sole Or Shared Parental Responsibility For The Child?
To apply for the parent of a British child visa, you must have either sole or shared parental responsibility for your child. If you share parental responsibility, the child’s other parent must not be your partner. They must also either:
- be a British or Irish citizen
- have settled in the UK - for example, they have indefinite leave to remain, settled status or proof of permanent residence
- be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status - they must have started living in the UK before 1 January 2021
If the child lives with their other parent or carer, you must have access to the child in person, as agreed with the other parent or carer or by a court order. Furthermore, you must be able to prove that you are taking an active role in your child’s upbringing and you plan to continue after you apply.
What Is Adequate Maintenance Requirement?
The applicant must meet the financial requirement of adequate maintenance to succeed in his/her application for switching into the parent of a British child visa under 5 years route.
The Home Office UKVI will use the following formula to determine whether you meet the adequate maintenance requirement for your parent of a British child visa application:
A – B ≥ C (A minus B is greater than or equal to C)
Where:
A is the net income (after deduction of income tax and National Insurance contributions);
B is housing costs (Rent and Council Tax); and
C is the amount of Income Support an equivalent British family of that size can receive.
The applicant must provide evidence that he/she will be able to adequately maintain and accommodate himself/herself and any dependants in the UK without recourse to public funds
What Is Adequate Accommodation Requirement?
The applicant must provide specified evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family owns or occupies exclusively: accommodation will not be regarded as adequate if-
- it is, or will be, overcrowded; or
- it contravenes public health regulations.
What Is the English Language Requirement?
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 Ecctis 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
- 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 requirements prior to entry to the UK.
What Is the Immigration Status Requirement For Switching Into Parent Of A British Child Visa (5 Years Route)?
The immigration rules require that the applicant must meet the immigration status requirement to successfully switch to the parent of a British child visa (5 years route) from inside the UK. For an application for switching into parent of a British child visa under 5 years route to succeed, the applicant must not be in the UK-
- as a visitor; or
- with valid leave granted for a period of 6 months or less, unless that leave was granted pending the outcome of family court or divorce proceedings;
Can I Switch From a Spouse Visa Route to a Parent Of A British Child Visa (5 Years Route)?
If you are in the UK under the spouse visa category and your relationship with your British or settled spouse has broken down irretrievably, you can apply for switching into the parent of a British child visa (5 years route) at any time during the validity of your leave to remain as a spouse if you are a parent of a British child with residence or access rights. We can prepare and submit your application for switching from spouse visa to parent of a British child visa (5 years route) through Super Priority Service so that you get a decision on your application within 24 hours.
Can I Switch From Parent Of A British Child Visa 10 Years Route To 5 Years Route?
If you are in the UK under the parent of a British child visa (10 years route), you can apply for switching to the parent of a British child visa (5 years route) at any time during the validity of your leave under 10 years route. You should ideally switch to the 5-year route as soon as you meet the financial requirement and the English language requirement. Your time for ILR under 5 years route will start from the date you are granted initial leave under 5 years route and all the time you spent under 10 years route cannot be combined with time spent under 10 years route. We can prepare and submit your application through Super Priority Service so that you get a decision on your application within 24 hours.
Can I Re-Apply For Switching Into Parent Of A British Child Visa After The Refusal?
You may be able to re-apply for switching into parent of a British child visa under 5 years route if your application for switching into parent of a British child visa has been refused by the Home Office UKVI and you do not believe you can successfully challenge the refusal of your application. Any such fresh application should meet the requirements as set out in paragraph 39E of the Immigration Rules. Also, any such fresh application should be made ideally through Super Priority Service for a decision on the application within 24 hours.
Can I Appeal Against Refusal Of Application For Switching Into Parent Of A British Child Visa?
If your application for switching to the parent of a British child visa has been refused by the Home Office UKVI and you have been given the right to appeal against the refusal decision, you should file an appeal with the First Tier Tribunal within 14 days of the refusal decision. The appeal against the refusal decision can be successful on the grounds that the decision to refuse is not in accordance with rules or in contravention of your right to private and family life as envisaged under Article 8 of the European Convention on Human Rights (ECHR). An Immigration Judge at the First Tier Tribunal will hear and determine the appeal. Our specialist family visa solicitors can provide the required legal services to represent you in your appeal to challenge the refusal decision.
How Can We Help You?
Our specialist team of family visa solicitors can provide expert immigration advice and legal representations for your application for switching to the parent of a child visa on a fixed fee basis. Our family visa solicitors can legally represent you in your application for switching to parent of a child visa and carry out all the work on your application until the decision by the Home Office UKVI on your parent of a child visa application. The immigration casework to be carried out by our immigration solicitors in relation to your application for switching into the parent of a British child visa will entail the following:
Advice on requirements: Our family visa solicitors will advise you on the relevant requirements you have to meet for your application for switching into the parent of a child visa to be successful;
Documentary advice: Our family visa lawyers will prepare and email you a comprehensive list of supporting documents to be submitted in support of your application for switching to the parent of a British child visa;
Assessing documents: Our immigration lawyers will assess your documents to make sure that all the documents you provide in support of your application for switching into parent of a child visa are in accordance with the requirements of the immigration rules;
Completing the application form: Our immigration lawyers will complete the relevant application form for your application for switching to the parent of a child visa;
Submitting an application through Super Priority Service: If required, our immigration lawyers will submit your application for switching into the parent of a child visa online through super priority service to get a decision on your application for switching into the parent of a child visa within 24 hours;
Booking an appointment with the application centre: After the online submission of your application for switching to the parent of a child visa, our immigration lawyers will book your appointment with the application centre for you to enrol your biometrics;
Detailed cover letter: Our specialist immigration solicitors will prepare a detailed cover letter in support of your application for switching into parent of a child visa to explain all the relevant legal requirements for your application to be approved by the Home Office UKVI;
Uploading documents online: Before the biometrics enrolment date, our immigration lawyers will upload online all the supporting documents to be considered in support of your application for switching to parent of a British child visa;
Follow-up work: Our immigration lawyers will carry out all the follow-up work until the Home Office UKVI decides on your application for switching to the parent of a British child visa.
Why Choose Us For Switching Into Parent Of A British Child Visa (5 Years Route)?
There are a number of reasons why you can choose our family visa solicitors and lawyers in London to handle your application for switching to the parent of a British child visa from inside the UK. The main reasons include the following:
High-Quality Legal Services: Our team of the best family visa solicitors in London provides high-quality legal services for switching into the parent of a British child visa UK from inside the UK. The high quality of UK visa and immigration legal services provided by our best team of immigration lawyers is self-evident from the 5-star Google Reviews rating by 99% of our clients.
Remote Legal Services: Our specialist family visa solicitors and lawyers can provide you with expert immigration advice and legal representation remotely from our offices in London. Using modern technology, our specialist family visa solicitors and lawyers can handle your application for switching into parent of a British child visa remotely without the need for you to visit our offices. Whilst we are more than happy to welcome clients into our offices, if this is their preference, we are proud to be able to offer our legal services for the parent of a British child visa application remotely to save your time and travel costs.
Open 7 Days A Week: We pride ourselves on providing dedicated immigration advice and legal representation for parents of British child visas 7 days a week.
All Work Carried Out By Qualified Specialist Immigration Solicitors: Our specialist team of fully qualified and experienced family visa solicitors, who have extensive experience dealing with parent of a British child visa applications, will carry out all the casework on your application for switching into parent of a British child visa UK.
Fast Track Visa Service: Our experienced and qualified family visa solicitors will be able to prepare and submit your application for switching into the parent of a British child visa in the shortest possible time using the fast track process. Where possible, our family visa solicitors will submit your application through the Super Priority Visa Service to get a faster decision on your application within 24 hours.
Free Immigration Advice Online: Our specialist team of family visa solicitors and lawyers can provide one-off free immigration advice online for switching into the parent of a British child visa UK through our website enquiry form.
Fixed Fees With Payment Plan: Our family visa solicitors and lawyers charge reasonable and affordable fixed fees for an application for switching into parent of a British child visa with an option to pay our fixed fee in two instalments whereby you pay half of the agreed fixed fee when we start our work on your parent of a British child visa application and the remaining half when we have fully prepared the application and it is ready for submission to the Home Office UKVI.
What Are Our Other Parent Of A British Child Visa Related Services?
- Parent Of A British Child Visa UK
- Entry Clearance For Parent Of A British Child Visa UK
- Switching Into Parent Of A British Child Visa (10 Years Route)
- Extension Of Parent Of A Child Visa (5 Years Route)
- Extension Of Parent Of A British Child Visa (10 Years Route)
- ILR As A Parent Of A British Child (5 Years Route)
- ILR As A Parent Of A British Child (10 Years Route)
- Family Visa UK
- Immigration Appeals UK
Frequently Asked Questions (FAQs) For Switching Into Parent Of A British Child Visa (5 Years Route)
Following are the various Frequently Asked Questions (FAQs) about an application for switching into parent of a British child visa (5 years route):
You can apply for switching into parent of a child visa from inside the UK through Super Priority Service to get decision on your application within 24 hours.
As specialist family visa 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 for parent of a child visa applications whereby decision on your application will be made within 24 hours if you submit your application through Super Priority Service.
Our family visa Solicitors can prepare and submit your application faster and get you a decision on your application faster through Super Priority Service. This way, you will not have to wait for the decision on your application for months (sometimes years).
To apply for switching into leave to remain as a parent of a child under 5 years route, the applicant must meet the following requirements as set out in Appendix FM to the Immigration Rules:
- The applicant and the child must be in the UK;
- The applicant must make a valid application;
- The applicant must not be in the UK-
- as a visitor; or
- with valid leave granted for a period of 6 months or less, unless that leave was granted pending the outcome of family court or divorce proceedings;
- in breach of immigration laws (except that, where paragraph 39E of these Rules applies;
- The child of the applicant must be:
- under the age of 18 years at the date of application;
- living in the UK; and
- a British Citizen, settled in the UK, or in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d); or
- has lived in the UK continuously for at least the 7 years immediately preceding the date of application and paragraph EX.1. applies.
- Either-
- the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen, settled in the UK, or in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d)), and the applicant must not be eligible to apply for leave to remain as a partner under Appendix FM; or
- the parent or carer with whom the child normally lives must be-
- a British Citizen in the UK, settled in the UK, or in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d).;
- not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
- the applicant must not be eligible to apply for leave to remain as a partner under Appendix FM.
- The applicant must provide evidence that they have either-
- sole parental responsibility for the child, or that the child normally lives with them; or
- 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.
- The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.
- The applicant must provide evidence that they will be able to adequately maintain and accommodate themselves and any dependants in the UK without recourse to public funds.
- The applicant must provide evidence that there will be adequate accommodation in the UK, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively.
- The applicant must meet the English language requirement to show that the applicant has English proficiency at CEFR level A1 as required by the UK Immigration Rules.
It is very common for migrants with spouse or partner visa to switch into parent of a child visa if their relationship breaks down irretrievably with the other parent of the child. If the other parent of the child does not agree for you to have direct contact with your child, you can apply for Child Arrangements Order application to the family court which can then become a basis to apply for switching into parent of a child visa from inside the UK. Your qualifying time for ILR after 5 years on parent visa route will start from scratch once you switch to parent of a child visa route and the time spent under spouse visa route will not count towards 5 years period to apply for ILR.
The applicant's application for switching into parent of a British child visa (5 years route) will be refused (mandatory refusal) if following paragraphs apply:
- The applicant is currently the subject of a deportation order.
- The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years.
- The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months, unless a period of 10 years has passed since the end of the sentence; or
- The presence of the applicant in the UK is not conducive to the public good because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.
- The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-LTR.1.3. to 1.5.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.
- The applicant has failed without reasonable excuse to comply with a requirement to-
- attend an interview;
- provide information;
- provide physical data; or
- undergo a medical examination or provide a medical report.
- The presence of the applicant in the UK is not conducive to the public good because the Secretary of State:
- has made a decision under Article 1F of the Refugee Convention to exclude the person from the Refugee Convention or under paragraph 339D of these Rules to exclude them from humanitarian protection; or
- has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because there are reasonable grounds for regarding them as a danger to the security of the UK; or
- considers that they are a person to whom sub-paragraph (a) or (b) would apply except that (i) the person has not made a protection claim, or (ii) the person made a protection claim which has already been finally determined without reference to Article 1F of the Refugee Convention or paragraph 339D of these Rules; or
- has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because, having been convicted by a final judgment of a particularly serious crime, they constitute a danger to the community of the UK.
When considering whether the presence of the applicant in the UK is not conducive to the public good any legal or practical reasons why the applicant cannot presently be removed from the UK must be ignored.
The applicant will normally be refused on grounds of suitability if any of the following paragraphs apply.
- Whether or not to the applicant’s knowledge –
- false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
- there has been a failure to disclose material facts in relation to the application.
- A maintenance and accommodation undertaking has been requested under paragraph 35 of these Rules and has not been provided.
- The Secretary of State has given notice to the applicant and their partner under section 50(7)(b) of the Immigration Act 2014 that one or both of them have not complied with the investigation of their proposed marriage or civil partnership.
The applicant may be refused on grounds of suitability if any of the following paragraphs apply:
- The applicant has made false representations or failed to disclose any material fact in a previous application for entry clearance, leave to enter, leave to remain or a variation of leave, or in a previous human rights claim; or did so in order to obtain from the Secretary of State or a third party a document required to support such an application or claim (whether or not the application or claim was successful).
- The applicant has previously made false representations or failed to disclose material facts for the purpose of obtaining a document from the Secretary of State that indicates that he or she has a right to reside in the United Kingdom.
- The applicant has failed to pay litigation costs awarded to the Home Office.
- One or more relevant NHS bodies has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £500.