UK Parent of a Child Visa

UK PARENT OF A CHILD VISA FOR SWISS RESIDENTS

The Parent of a Child Visa allows Swiss citizen (and non-Swiss citizen) parents resident in Switzerland to reside in the UK to care for their child who is already living in the UK. The child must be a British or Irish citizen, settled in the UK, or have pre-settled status. This visa can lead to indefinite leave to remain or settlement in the UK after 5 years.

If eligible, you may consider applying under the partner route (Spouse, Civil Partner, Unmarried Partner, Fiance, or Proposed Civil Partner) instead of the Parent of a Child route.

UK Parent of a Child Visa Requirements for Swiss Nationals (and Non-Swiss Nationals) Resident in Switzerland

To qualify for a UK Parent of a Child Visa from Switzerland, you must meet the following criteria set by UK Visas and Immigration:

Age Requirement: You must be at least 18 years old.
Child's Age: Your child must be under the age of 18.
Child's Residence: Your child must be living in the UK.
Child's Status: Your child must be a British or Irish citizen, settled in the UK, or have pre-settled status.
Parental Responsibility: You must either:
- Have sole parental responsibility, or
- Share responsibility with the child's other parent or carer who is a British or Irish citizen, settled in the UK, or has pre-settled status, provided they are not your partner.
Involvement: You must be actively involved in your child’s upbringing and intend to continue this involvement.
Financial Sufficiency: You must be able to maintain and accommodate yourself and any dependants without recourse to public funds.
Language Proficiency: You must meet the required English language proficiency.

Requirements may vary based on personal circumstances. Consulting a specialist UK immigration law firm in Switzerland is advisable for personalised guidance.

To discuss your UK Parent of a Child Visa application with one of our UK immigration lawyers in Switzerland, contact our Partner & Family immigration team on +41 21 588 07 70 or complete our enquiry form below.

Child's Status in the UK

If you are a Swiss citizen (or non-Swiss citizen) resident in Switzerland, in order to qualify for a UK Parent of a Child Visa your child must live in the UK and either:

Be a British or Irish citizen.
Have indefinite leave to remain, settled status, or pre-settled status.

If you are applying from within the UK, your child may also qualify if they have lived in the UK for 7 years continuously and it would be unreasonable for them to leave.

Age Requirement

You must be over 18 and your child under 18 when you apply. If your child turns 18 after you have submitted your application but before a decision is made, it won't affect the application.

If your child has turned 18 by the time you need to apply for an extension or to stay as a Parent of a Child, it will not be a problem provided the child was under 18 when you were first granted leave as a parent on the Parent of a Child route and the child has not formed an independent family unit and is not leading an independent life.

Definition of a Parent

A 'parent' includes:

Natural parents.
Stepparents whose partner (the child's other parent) is deceased, including relationships through civil partnerships.
Adoptive parents with recognised adoption orders.
Individuals with genuine transfer of parental responsibility due to the original parent's inability to care for the child.

Parental Responsibility

To qualify for a UK Paren of a Child Visa as a Swiss citizen (or non-Swiss citizen) resident in Switzerland, you need to have either sole or shared parental responsibility.

Sole Responsibility: One parent makes all decisions regarding the child's upbringing. The UK Home Office will require comprehensive evidence proving you are solely responsible for the child's welfare.
Shared Responsibility: You share responsibility with the other parent or carer who must not be your partner. If the child normally lives with the other parent or carer, you must have direct access to the child as agreed or ordered by a court.

Active Role in Child’s Upbringing

You must demonstrate active involvement in your child's upbringing through comprehensive supporting documentary evidence. This evidence should confirm your current and continued involvement in the child's life.

Financial and Accommodation Requirements for Swiss Residents

As a Swiss national (or non-Swiss national) resident in Switzerland, you must also provide evidence of adequate financial means and suitable accommodation without relying on public funds.

Financial Requirement: Demonstrate that your weekly income, after deducting housing costs, meets or exceeds the amount a family would receive in income support.
Accommodation Requirement: Show that you have adequate accommodation for the family, owned or occupied exclusively by you, without overcrowding or contravening public health regulations.

English Language Requirement for Residents of Switzerland

If you are a Swiss passport holder (or non-Swiss national) resident in Switzerland, you must additionally meet the CEFR level A1 English language requirement unless exempt due to age, disability, or exceptional circumstances.

Ways to meet the requirement include:

Holding nationality from a majority English-speaking country.
Passing an approved English language test.
Holding an academic qualification taught or researched in English.

UK Parent of a Child Visa Supporting Documents and Application Process in Switzerland

You will need to ensure that all required documents are included and correctly formatted. Professional advice can help avoid common pitfalls. Using a checklist tailored to your circumstances is crucial.

UK Parent of a Child Visa Application Fees in Switzerland and Duration

The application fee is £1,846 from Switzerland and £1,048 from within the UK. Additional fees apply for priority services. The visa is initially valid for 30-33 months and can be extended. After 5 years, you may apply for indefinite leave to remain.

Working in the UK

Parent Visa holders have full right to work in the UK.

Switching to the Parent Visa Route

Applications can be made within the UK, except for visitors or those with short-term leave. Visitors wishing to settle must leave the UK and apply for entry clearance as a parent from overseas.

Applying for a UK Parent Visa

Applications by Swiss citizens and non-Swiss citizens residing in Switzerland are made online, with different forms for inside and outside the UK. You will need prepare your supporting documents before submitting the application.

Refusal and Appeal

If refused, you will typically have a right to appeal. Legal advice is recommended for appealing decisions.

Alternative Options

If the requirements for a UK Parent of a Child Visa aren't met, you may qualify on human rights grounds if you have a British/Irish citizen child, a child who has lived in the UK for 7 years, or other human rights considerations.

How Our UK Immigration Lawyers in Switzerland Can Help

Through our Swiss office, we are delighted to offer a comprehensive range of UK immigration legal services to Swiss citizens (and non-Swiss citizens) residing in Switzerland.

Our UK visa and immigration services encompass expert guidance on all UK visa routes for Swiss residents, along with a fully-managed UK visa application preparation service tailored for Swiss citizens (and non-Swiss citizens) in Switzerland. Our dedicated UK immigration lawyers provide personalised support and expert advice throughout the entire UK visa application process.

For professional assistance and expert advice on a UK Parent of a Child Visa application from Switzerland, contact our British visa specialists in Switzerland at +41 21 588 07 70 or fill out our enquiry form below.

WE CAN ALSO ASSIST WITH

Immigration property inspection reports for Swiss-UK Parent of a Child visa applications

In order to satisfy the requirements of the Immigration Rules for a Parent visa, you will need to demonstrate that there is adequate accommodation for the family, including other family members who are not included in the application but who live in the same household. Our barristers can arrange for a qualified surveyor with specialist knowledge and skills to attend your property to assess and produce a comprehensive report that can be submitted in support of your application.

Applications by Swiss citizens for extension of stay as a Parent of a Child

Before your initial grant of leave expires, you will need to apply to UK Visas and Immigration to extend your stay as a Parent of a Child.

The requirements for further leave to remain in the UK as a Parent of a Child are broadly the same as those that apply to initial applications for entry or permission to stay as a Partner of a Child. However, you will need to make sure that your application satisfies the relationship, financial, accommodation, english language and immigration status requirements again.

Applications by Swiss citizens for settlement in the UK as a Parent of a Child

After spending 5 years (60 months) in the UK as the Parent of a British citizen or settled child, you may be eligible to apply for indefinite leave to remain in the UK.

In order to qualify for indefinite leave to remain as a Parent of a Child you will need to demonstrate, in addition to the above requirements, that:

You meet the higher English Language requirement that applies to settlement applications;
You have passed the Life in the UK test (unless an exemption applies).

If you make an application for indefinite leave to remain as a Parent but do not satisfy the above requirements, UK Visas and Immigration will go on to consider if you meet the requirements for a further extension of stay as a Parent.

Fresh applications and Immigration Appeals for Swiss resident Parents

If your application for entry clearance, leave to remain or settlement as a Parent of a Child has been refused, our immigration barristers can advise you on the merits of making a fresh application and/or challenging the decision by way of an appeal to the Immigration Tribunal.

As well as preparing high quality visa applications, our immigration barristers provide professional legal advice and representation in relation to every aspect of pursuing a UK immigration appeal.

Our immigration appeal barristers advise on the merits of appealing against Home Office immigration decisions, draft grounds of appeal and applications for permission to appeal, prepare appeal bundles and provide representation at immigration appeal hearings before the First-tier Tribunal, Upper Tribunal and higher courts.