If your relationship with your partner, who is either a British citizen or has settled status in the UK, is broken permanently, you can no longer stay in the UK on a UK partner visa. However, if you have a child in the UK who is a British citizen or has settled status in the UK, you can apply to switch to a UK parent visa. Your child must be under 18 at the time of application or was under 18 when you were first granted leave as a partner.
Conditions your child must meet for you to switch to a parent visa
- They’re a British or Irish citizen.
- They’ve settled status such as indefinite leave to remain in the UK or proof of permanent residence.
- They’re from the EU, Norway, Switzerland, Iceland, or Liechtenstein and have a pre- settled status which means that they must have started to live in the UK before 1 January 2021
- They must have lived continuously in the UK for 7 years, and it would be unreasonable for them to leave.
- They must live with you. However, they can live away from you in a boarding school for full-time education.
- They must not be married or in a civil partnership.
Eligibility
- You must have sole responsibility for your child or You have shared responsibility for your child if the other parent of the child is not your partner.
- You must live with your child. If you cannot live with your child you must have direct access to your child in person as agreed with the other parent or carer or you must be permitted to have direct access to your child by a court order.
- You must be taking an active role in your child’s upbringing and you plan to continue after you apply to switch to a parent visa
- You must have good knowledge of the English language
- You must be able to support yourself and your child financially without claiming public funds.
How to prove you are taking an active role in your child’s upbringing
You can prove this by sending evidence that:
- Directly from the government, a school where your child studies, a court, or a medical professional
- Demonstrates that you live or care for your child
- is less than 4 years old
Documents you can use to prove this:
- A written letter from the school your child studies confirming you take them to school or attend parent evenings
- A letter from a local authority that is sent to your address confirming your child’s school
- Your child’s doctor, dentist, or health visitor writes a letter that confirms that you take your child to them on appointment dates.
- A court's written order with the court’s permission confirming that your child lives with you, or that you have direct access to your child which means that you’re taking an active role in your child’s upbringing
How long can you stay in the UK on a UK parent visa?
Initially, you are granted a stay of 30 months after which you can apply for an extension of your visa.
How to apply?
You must apply online irrespective of whether you are applying from inside the UK or from outside the UK.
When to expect a decision on your application to switch to a parent visa from a partner visa?
You should get the decision within 12 weeks if you apply from outside the UK and 12 months if you apply from inside the UK.
You can also pay and use the ‘super priority service’ to get quicker decisions.
When to apply for settlement?
Once you have lived in the UK as a parent for 5 years provided you met the financial and English language requirement, if not then you will be applying after 10 years continuously residing in the UK. Once you have lived 5 years or 10 years you can apply for Indefinite leave to remain in the UK.
You cannot include the time you’ve spent in the UK on a partner visa unless you are applying under the 10 year route.
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