My child is British: Can I stay in the UK?
If your child lives in the UK and you have parental responsibility for them, you may be eligible for a Parent visa.
However, the Parent visa involves numerous complex immigration rules which can often be confusing to navigate. At London Immigration Lawyers, our legal experts are ready to give you bespoke legal advice to help make your application as smooth as possible. Contact us today on 0204 502 8582 to learn more.
Can I stay in the UK if my child is British?
If your child lives in the UK and you have parental responsibility for them, you may be entitled to a UK Parent visa. The Parent visa is a type of UK Family visa which allows you to remain in the UK in order to care for your child. However, in order for you to successfully obtain this visa, there are a number of eligibility criteria which both you and your child will need to satisfy.
If you successfully obtain a Parent visa, you can stay in the UK for 2 years and 9 months, after which point you can apply for an extension.
Once you have lived legally and continuously in the UK for at least 5 years, you can then apply for permanent settlement status (i.e. indefinite leave to remain).
If you have joint parental responsibility and are still in a relationship with the other parent of your child, you will not be eligible for a Parent visa. In this case, you will need to consider other visa options, such as a Spouse visa or a Dependant visa under your partner’s Work visa. This will depend on your partner’s UK immigration status. You could also consider applying for a Work visa, such as a Skilled Worker visa, or a Graduate visa if you graduated from a UK university.
If you are dependant on your child for care, you may be able to apply for an Adult Dependant Relative visa. This is another type of Family visa. If your child has British citizenship and the means to financially support you and you are unable to receive the same care in your home country, this route would grant you ILR.
In the event that you are not eligible for another visa type, you will not be able to remain in the UK beyond the expiry of your current visa and will need to leave the country once it expires.
Note that, if you are eligible to apply for a Spouse visa, you will need to use this route instead of the Parent visa route. If your spouse is a British citizen, for example, this is likely to be the right route for you.
Page Contents
- Can I stay in the UK if my child is British?
- What are the requirements for a parent to live in the UK with a British Citizen child?
- What are the financial requirements for the Parent visa?
- Applying to Stay in the UK with a British Child
- What documents will I require when applying for a Parent visa?
- How much will my application for a Parent visa cost?
- How long will my application for a Parent visa take to process?
- Would I Qualify for ILR or Citizenship Based on my British Citizen Child?
- How Can London Immigration Lawyers Help?
- Frequently Asked Questions
What are the requirements for a parent to live in the UK with a British Citizen child?
If you are a parent wishing to remain in the UK in order to care for your British child, both you and your child will need to satisfy a number of eligibility criteria. These criteria are outlined below.
Parent Eligibility
In order to be eligible to remain in the UK on a Parent visa, you will need to have either sole or shared parental responsibility for the child in question.
In the event that you have shared responsibility, you are only eligible for the Parent visa if you are not currently in a relationship with your child’s other parent. Additionally, the other parent will need to satisfy one of the following conditions:
- Be either a British or Irish citizen
- Have permanent settlement status in the UK (i.e. indefinite leave to remain)
- Be from either the EU, Norway, Iceland, Norway, Switzerland, or Liechtenstein, have pre-settled status, and have been living in the UK since before 1 January 2021
If the child currently lives with their other parent, you will need to be entitled to in-person access to the child (per agreement with the other parent or a court order in the case of shared custody, for example).
In order to be eligible for a Parent visa, you will also generally need to demonstrate sufficient English language proficiency and that you have the financial means to support yourself without needing to rely on welfare benefits. However, there are some exceptions to this rule, which are outlined later in the article.
Child Eligibility
In order for you to be eligible for a Parent visa, your child will also need to satisfy a number of eligibility criteria, including the following:
- They are under 18 years of age at the time of application or were under 18 when you were first granted leave to stay in the UK
- They live with you (except in cases where they live away from home for educational purposes, e.g due to attending university or boarding school
- They are neither married nor in a civil partnership
- They live in the UK
- They satisfy one of the following criteria:
- Have either British or Irish citizenship
- Have permanent settlement status in the UK (i.e. indefinite leave to remain)
- Are from either the EU, Norway, Iceland, Norway, Switzerland, or Liechtenstein, have pre-settled status, and have been living in the UK since before 1 January 2021
Note that you and your child will both need to satisfy your respective eligibility criteria. In the event that only one of you satisfies the eligibility criteria, you will not be eligible for a Parent visa. Having a British child is not, in isolation, enough to allow you to stay in the UK.
What are the financial requirements for the Parent visa?
When applying for a Parent visa, you will usually be expected to demonstrate that you have the means to financially support yourself during your time in the UK. In general, your specific caseworker will use your income and the cost of your housing to calculate whether you are in a financial position to support yourself.
You will also need to demonstrate that you have the financial means to support any dependants who will be living with you.
Note that, if you can only support yourself with the use of welfare funds, it is unlikely that your case will be successful. There are some exceptions to this case, however. In any of the following circumstances, you will not need to satisfy the financial eligibility criteria (or the English language proficiency requirement):
- Your child is a British or Irish citizen
- Your child has lived in the UK for at least 7 years
- It would be unreasonable for your child to leave the UK (e.g. because they have an established life which it would be overly disruptive for them to leave)
Applying to Stay in the UK with a British Child
Whether applying from within or outside of the UK, you will need to submit your application online. When applying from outside of the UK, you will also need to complete and submit Appendix 5. When completing your application, you will need to make sure to submit all of the necessary evidence.
Once your application has been submitted, it will then be processed. If your application is successful, you will be granted a visa which will allow you to either enter or remain in the UK in order to care for your child.
What documents will I require when applying for a Parent visa?
There are a number of documents which you will need to provide when applying for a Parent visa, including the following:
- Valid passport (or other relevant travel documents)
- Proof that you play an active role in your child’s upbringing (e.g. evidence of shared address, medical or school document confirming your role in their life, etc.). Any evidence which you provide must be from within the last 4 years
- Any previous visas or biometric residence permits
- Details of any previous immigration applications
- Details of any prior criminal history
- National insurance number, if applicable
- Tuberculosis test results, if applicable
- Proof of sufficient English language ability, if applicable
- Proof of sufficient financial means to support yourself and any dependants, if applicable
You will need to make sure that all documents are submitted in either English or Welsh. If you need to get your documents translated, you must make sure to use a certified translation service.
How much will my application for a Parent visa cost?
When applying from outside of the UK, the cost of the Parent visa application fee is £2,064. If you apply from within the UK, the cost is £1,321.
However, there may also be other costs associated with your application. For example, many applicants need to pay for their documents to be translated into English or Welsh. Additionally, many applicants choose to pay for legal assistance in order to help them navigate the application process. Contact London Immigration Lawyers today on 0204 502 8582 to learn more about our own range of services and how we can help ensure that your application runs as smoothly as possible.
How long will my application for a Parent visa take to process?
In general, you should receive an answer on your application within 12 weeks if you submit your application from outside of the UK. If you submit your application from within the UK, however, it could take around 12 months.
In some cases, it is possible to pay for a fast track application, although this is a more expensive route.
In order to minimise delays to your application, make sure to submit all of the required documents when you first apply and to promptly provide any additional information which is requested.
Given the possibility of delays, you should make sure to submit your application with plenty of time before you wish to enter the UK or extend your stay in the country. This is to ensure that you are able to maintain your legal UK immigration status.
Would I Qualify for ILR or Citizenship Based on my British Citizen Child?
A Parent visa does provide a potential route to indefinite leave to remain and to eventual British citizenship. However, if you are not eligible for a Parent visa or any other visa which provides a route to ILR, then you will not qualify for ILR purely on the basis of having a British child.
If you are on a visa which provides a route to ILR, you will need to live in the UK continuously for at least 5 years in order to be eligible. After this point, you can apply for indefinite leave to remain (i.e. permanent settlement in the UK).
Once you have been permanently settled in the UK for at least a year, you will generally be able to apply for British citizenship.
British citizenship brings numerous benefits, such as the right to participate in British elections and the ability to apply for a UK passport.
Note that having a British child is not, by itself, sufficient for a parent to obtain British ILR or citizenship status. You will need to satisfy additional eligibility criteria, as outlined throughout this article.
How can London Immigration Lawyers help?
If your British child lives in the UK and you have shared or sole parental responsibility for them, you may be eligible to apply for a Parent visa. The UK Parent visa allows the holder to remain in the UK in order to care for their child. As such, many non-British parents with children based in the UK choose to pursue this route.
However, applying for a UK Parent visa is a complicated process with numerous eligibility criteria and requirements. As such, many applicants choose to pursue legal assistance with their application. At London Immigration Lawyers, our legal experts are adept at providing bespoke legal advice to clients just like you. Contact us today on 0204 502 8582 to learn more about our full range of services and how we can help to make your application as smooth as possible.
Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at London Immigration Lawyers before making any decisions based on the content provided.
Last modified on December 10th, 2025 at 3:40 pm
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Frequently Asked Questions
If you are a British citizen, your non-British parent may be able to join you in the UK. However, both you and your parent will need to satisfy a range of eligibility criteria. The details of these criteria are given in the main article.
Yes, if your child is under 16, you can apply for a British child passport on their behalf. However, in order to be eligible for a UK passport, your child will need to already be a British citizen. If they have indefinite leave to remain but are not yet a British citizen, they will need to obtain UK citizenship before you submit their passport application.
The UK does not have birthright citizenship. This means that being born in the UK is not sufficient to automatically make them a British citizen. Instead, their citizenship status will largely depend on the immigration status of their parents. In order to verify whether your child is eligible for settled status or citizenship, contact London Immigration Lawyers today on 0204 502 8582.
Yes, if you are eligible for a Parent visa, this provides you with a potential route to eventual British citizenship. After living in the UK for at least 5 years, you can apply for indefinite leave to remain. After you have obtained indefinite leave to remain, you can generally apply for UK citizenship after a year has passed.
