The requirements of the parent route are set out in “Section EC-PT: Entry clearance as a parent of a child in the UK”. This section can be found within Appendix FM, an appendix to the main body of the Immigration Rules. When you click through to Appendix FM, the drop-down menu to access Section EC-PT is confusingly labelled “Family life as a parent of a child in the UK” but it relates to the same route.

Evidence Of Access Rights To The Child

Under the Immigration Rules the applicant must prove they have access rights to the child by submitting either:

• a residence order or a contact order granted by a court in the UK, or
• a sworn affidavit from the UK resident parent or carer of the child, the affidavit must:
  • confirm the parent applying can have access to the child
  • describe in detail the arrangements to allow for this, If contact is supervised, the supervisor must swear the statement, and
  • be sworn before, and certified by a legal officer.

If the applicant does not have sole parental responsibility for the chid, they must supply evidence to show the parent or carer who the child normally lives with is a British citizen or settled in the UK.
Evidence can include:

• a British passport
• a foreign passport endorsed with ‘indefinite leave to remain’ or ‘no time limit’
• letters from the UK Border Agency confirming that the person is resident in the UK.

Maintenance and accommodation requirements

Appendix FM of the Immigration Rules say the applicant must provide evidence:

• To show they can maintain and accommodate themselves and any dependants in the UK without recourse to the public funds. And
• There will be adequate accommodation in the UK, for themselves and/or family, without recourse to public funds.. This includes any family members not included in the application, but who live in the same household.

Accommodation will not be adequate if:

• it is overcrowded
• it contravenes public health regulations.

English Language Requirement

The applicant must provide specified evidence that he/she:

1. is a national of a majority English-speaking country; or
2. 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 UK Border Agency; or
3. has an academic qualification recognised by NARIC UK 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
4. 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 requirement prior to entry to the UK.

How to Make an Application

Applications are made by filling out an online application form and paying a fee. On top of the headline fee, applicants in this route also have to pay the immigration health surcharge for use by the National Health Service.