Q&As

Is there a visa route for the non-EEA parent of a British child to apply for entry clearance to live in the UK, where the British child is not already in the UK but is residing in the US with the non-EEA parent?

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Produced in partnership with Nick Nason of Edgewater Legal
Published on LexisPSL on 24/04/2020

The following Immigration Q&A Produced in partnership with Nick Nason of Edgewater Legal provides comprehensive and up to date legal information covering:

  • Is there a visa route for the non-EEA parent of a British child to apply for entry clearance to live in the UK, where the British child is not already in the UK but is residing in the US with the non-EEA parent?

The usual route for parents applying to join their children in the UK is contained within Appendix FM to the Immigration Rules (IR). The relevant rule in entry clearance applications states as follows:

‘Section E-ECPT: Eligibility for entry clearance as a parent

E-ECPT.1.1. To meet the eligibility requirements for entry clearance as a parent all of the requirements in paragraphs E-ECPT.2.1. to 4.2. must be met.

Relationship requirements

E-ECPT.2.1. The applicant must be aged 18 years or over.

E-ECPT.2.2. The child of the applicant must be—

(a) under the age of 18 years at the date of application;

(b) living in the UK; and

(c) a British Citizen or settled in the UK.’ (emphasis added)

As confirmed in the IR, the child must be living in the UK for a parent to make a successful application under this rule.

The Home Office guidance note Family Policy Family li

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